Victorian Numbered Acts

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DISABILITY SERVICE SAFEGUARDS ACT 2018 (NO. 38 OF 2018) - SECT 57

Duty of confidentiality—conciliation

    (1)     The following persons must not disclose information obtained during the course of a conciliation conducted under this Part except in a circumstance specified in subsection (2)—

        (a)     the Commission;

        (b)     the Commissioner;

        (c)     a member of the Board;

        (d)     a person employed or engaged by the Commission.

Penalty:     60 penalty units.

    (2)     A person referred to in subsection (1) may disclose information in one or more of the following circumstances—

        (a)     the person believes on reasonable grounds that the disclosure is necessary to avoid a serious risk to—

              (i)     the life, health, safety or welfare of a person; or

              (ii)     the health, safety or welfare of the public;

        (b)     the disclosure is made with the written agreement of the person to whom the information relates;

        (c)     the disclosure is made by a person employed or engaged by the Commission to another person employed or engaged by the Commission or to the Commissioner;

        (d)     the disclosure is made by the Commissioner to a person employed or engaged by a member of the staff of the Commission;

        (e)     the disclosure is made in the course of the Commission advising the Board in relation to the outcome of a conciliation;

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

Part 7—Notifications

Division 1—Definition



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