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POLICE SERVICE ADMINISTRATION ACT 1990 - SECT 10.1
Unauthorised use of confidential information
(1) This section applies to a person who— (a) is or has been— (i) a member
of the service performing functions under or relating to the administration of
this Act; or
(ii) another individual engaged to perform functions under or
relating to the administration of this Act; or
(iii) an individual engaged by
an entity that is engaged to perform functions under or relating to the
administration of this Act; and
(b) in that capacity, acquired
confidential information or has access to, or custody of,
confidential information.
(2) This section also applies to a person who has
acquired or has access to confidential information— (a) whether directly or
indirectly, from a person mentioned in subsection (1) ; or
(b) as authorised
under an Act, another law or an arrangement with the service.
(3) The person
must not use the confidential information other than under this section.
Penalty— Maximum penalty—100 penalty units or 2 years imprisonment.
(4) The person may use the confidential information— (a) to the extent the
use is required or permitted under this Act or another Act or to perform the
person’s functions under this Act or another Act; or
(b) with the consent
of the person to whom the information relates if the information would
normally be made available to any member of the public on request; or
(c) in
compliance with lawful process requiring production of documents or giving of
evidence before a court or tribunal; or
(d) if the use is otherwise required
or permitted under another law.
(5) In this section—
"confidential information" — (a) means personal information about an
individual or other information of a confidential nature; but
(b) does not
include— (i) information that is publicly available; or
(ii) statistical or
other information that could not reasonably be expected to result in the
identification of the individual to whom it relates.
"personal information" see the Information Privacy Act 2009 , section 12 .
"use" , in relation to information, see section 10 .2G.
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