Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies if a person obtains information or gains access to a document in exercising any power or function under this Act (other than under part 7 (Workplace entry by WHS entry permit-holders)).
Note A reference to an Act includes a reference to statutory instruments made or in force under the Act, including a regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).
(2) The person must not do any of the following:
(a) disclose to anyone else—
(i) the information; or
(ii) the contents of or information contained in the document;
(b) give access to the document to anyone else;
(c) use the information or document for any purpose.
Maximum penalty:
(a) in the case of an individual—$10 000; or
(b) in the case of a body corporate—$50 000.
Note Strict liability applies to each physical element of this offence (see s 12A).
(3) Subsection (2) does not apply to the disclosure of information, or the giving of access to a document or the use of information or a document—
(a) about a person, with the person's consent; or
(b) that is necessary for the exercise of a power or function under this Act; or
(c) that is made or given by the regulator or a person authorised by the regulator if the regulator reasonably believes the disclosure, access or use—
(i) is necessary for administering, or monitoring or enforcing compliance with, this Act; or
(ii) is necessary for the administration or enforcement of another Act prescribed by regulation; or
(iii) is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public health or safety; or
(iv) is necessary for the recognition of authorisations under a corresponding WHS law; or
(v) is required for the exercise of a power or function under a corresponding WHS law; or
(d) that is required by any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions; or
(e) that is required or authorised under a law; or
(f) to a Minister.
(4) A person commits an offence if—
(a) the person (the defendant ) intentionally discloses to another person the name of an individual; and
(b) the individual has made a complaint in relation to the person to whom the individual's name is disclosed; and
(c) the defendant knows or is reckless as to that fact.
Maximum penalty:
(a) in the case of an individual—$10 000; or
(b) in the case of a body corporate—$50 000.
(5) However, the defendant does not commit an offence under subsection (4) if the disclosure is made with the consent of the individual or is required under a law.