Victorian Repealed Acts

This legislation has been repealed.

Equal Opportunity Act 1995 - SECT 177

Secrecy

177. Secrecy



(1) This section applies to every person who is or has been-

   (a)  an appointed member of the Board;

   (b)  the Commissioner;

   (c)  a member of the staff of the Commission;

   (d)  a person (other than a person referred to in paragraph (c)) acting
        under the authority of the Commission, the Board or the Commissioner;

   (e)  a person to whom section 15 of the old Act applied immediately before
        its repeal;

   (f)  a member of the Commission before the commencement of section 5 of the
        Equal Opportunity Amendment (Governance) Act 2009.

(2) This section applies to information concerning the affairs of any person
that is or has been obtained by a person to whom this section applies-

   (a)  in the course of performing functions or duties or exercising powers
        under this Act or the old Act; or

   (b)  as a result of another person performing functions or duties or
        exercising powers under this Act or the old Act.

(3) A person to whom this section applies must not, either directly or
indirectly, make a record of, disclose or communicate to any person any
information to which this section applies unless it is necessary to do so for
the purposes of, or in connection with, the performance of a function or duty
or the exercise of a power under this Act or the old Act.

Penalty: 10 penalty units.

(4) A person to whom this section applies must not be required-

   (a)  to produce in a court any document containing information to which
        this section applies; or

   (b)  to disclose or communicate to any court any information to which this
        section applies-

unless it is necessary to do so for the purposes of, or for a prosecution
under or arising out of, this Act or the old Act.

(5) In this section-

court includes a tribunal, authority or person having power to require the
production of documents or the answering of questions; old Act means the
Equal Opportunity Act 1984 as in force immediately before its repeal; produce
includes permit access to.