(1) A person who is or
has been in a situation to which this section applies must not, whether
directly or indirectly, record, disclose, or make use of any information
obtained because of that situation except —
(a) in
the course of duty; or
(b) as
required or allowed by this Act or any other law; or
(c) for
the purpose of proceedings for an offence against this Act; or
(d) with
the written authority of the Minister or the person to whom the information
relates; or
(e) in
other prescribed circumstances.
Penalty: $2 500.
(2) Subject to
subsection (1)(c), (d) or (e), the prohibition in subsection (1) extends to
the giving of evidence or the production of a book, document or record to a
court.
(3) This section does
not apply to the disclosure of statistical or other information that could not
reasonably be expected to lead to the identification of any person to whom it
relates.
(4) The exceptions in
subsection (1)(c) and (d) do not apply to information obtained by a person
acting as a conciliator.
(5) The situations to
which this section applies are —
(a)
holding the office of Director or being a member of the staff of the Office;
(b)
being a participant in conciliation or investigation proceedings under this
Act, whether as principal or agent;
(c)
being a person or body to whom the Director refers a complaint;
(d)
being a person who has received a notice under section 33(a), 35(1) or (3),
37, or 50(2) or (3) or a copy of a communication under section 33(b).
[Section 71 amended: No. 35 of 2010 s. 90.]