Victorian Numbered Acts

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DISABILITY SERVICE SAFEGUARDS ACT 2018 (NO. 38 OF 2018) - SECT 238

Duty of confidentiality

    (1)     A person who exercises or has exercised functions under this Act must not disclose protected information to another person except in a circumstance specified in subsection (2).

Penalty:     30 penalty units in the case of a natural person;

    60 penalty units in the case of a body corporate.

    (2)     A person may disclose protected information in one or more of the following circumstances—

        (a)     the information is disclosed in the exercise of a function under, or for the purposes of, this Act;

        (b)     the disclosure is otherwise required or permitted by law;

        (c)     the disclosure is with the agreement of the person to whom the information relates;

        (d)     the disclosure is in a form that does not identify the identity of a person;

        (e)     the information relates to a proceeding before VCAT and the proceeding is or was open to the public;

        (f)     the information is or was accessible to the public, including because it is or was recorded in the Register;

        (g)     the disclosure is otherwise authorised by the Minister on the grounds that the disclosure is in the public interest.



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