Section 385 —
omit, insert—
385 Confidentiality of other information(1) This section applies to a person who—(a) is or has been—(i) a Minister or a member of the Minister’s staff; or(ii) a public service employee employed in the department; and(b) in that capacity, was given or given access to confidential information.(2) However, this section does not apply in relation to confidential information that is protected information under section 384.(3) The person must not use the confidential information, or disclose or give access to the confidential information to anyone else, unless the use, disclosure or giving of access is allowed under subsection (4).Penalty—Maximum penalty—100 penalty units.(4) The person may use the confidential information, or disclose or give access to the confidential information to another person, if the use, disclosure or giving of access—(a) is for the purpose of this Act; or(b) is for the purpose of obtaining advice for, or giving advice to, the Minister in relation to the confidential information; or(c) is for the purpose of performing a function under another law; or(d) is for a proceeding in a court or tribunal; or(e) is authorised under a regulation or another law; or(f) happens with the consent of the person to whom the confidential information relates; or(g) is for a purpose directly related to a child’s protection or welfare.