(1) No person
performing any function under this Act shall, whether directly or indirectly,
divulge any personal information obtained in the course of duty relating to a
represented person or person in respect of whom an application is made, other
than information that he is authorised or required to divulge —
(a) in
the course of duty;
(b) by
this Act or any other law;
(c) with
the consent of the person, if he is capable of giving consent; or
(d) in
other prescribed circumstances.
Penalty: $5 000.
(2) Subsection (1)
does not apply to statistical or other information that could not reasonably
be expected to lead to the identification of any person to whom it relates.
(3) The provisions of
this section are in addition to, and do not derogate from, the provisions of
the State Administrative Tribunal Act 2004 relating to the disclosure of
information and documents.
[Section 113 amended: No. 50 of 2003 s. 70(4); No.
55 of 2004 s. 457.]