Victorian Numbered Acts Victorian Numbered Acts(1) Subject to subsection (2), a person who is duly served with a confidentiality notice by the Regulator or a Panel under section 201, and if applicable, any order extending the confidentiality notice, must not disclose a restricted matter specified in the confidentiality notice while it has effect.
Penalty: 10 penalty units.
Note
A person who is served with or receives a confidentiality notice may be subject to further confidentiality obligations under Part 7 of the Public Interest Disclosures Act 2012 .
(2) Subsection (1) does not apply to a restricted matter specified in a confidentiality notice that is disclosed in any of the following circumstances—
(a) in accordance with a direction or authorisation given by the Regulator or Panel (as the case may be);
(b) to any person where necessary for the purposes of obtaining any information, document or other thing to comply with a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice under section 201, including if the person served with a confidentiality notice—
(i) does not have a sufficient knowledge of the English language to understand the nature of the confidentiality notice, the notice cancelling a confidentiality notice or the order extending a confidentiality notice under section 201, to an interpreter; or
(ii) is a child, to a parent, guardian or independent person; or
(iii) is a person who is illiterate or has a mental, physical or other impairment which prevents the person from understanding the confidentiality notice, the notice cancelling a confidentiality notice or the order extending a confidentiality notice under section 201 without assistance, to an independent person;
(c) for the purposes of obtaining legal advice or representation in relation to—
(i) a confidentiality notice or an order extending a confidentiality notice under section 201; or
(ii) the person's rights, liabilities, obligations and privileges under this Act, or any other Act or law;
(d) by an Australian legal practitioner who receives a disclosure in the circumstances specified in paragraph (c), for the purposes of complying with a legal duty of disclosure or a professional obligation arising from the Australian legal practitioner's professional relationship with their client;
(e) to any of the following persons, unless the Regulator or the Panel (as the case may be) directs that the restricted matter must not be disclosed to that person—
(i) the spouse or domestic partner of the person served with the confidentiality notice;
(ii) the employer or manager of the person served with the confidentiality notice, or both;
(f) unless the Regulator or Panel (as the case may be) directs that the restricted matter must not be disclosed in one of the following circumstances—
(i) to any of the following for the purpose of assisting the person to seek advice or support in relation to the restricted matter in respect of which the confidentiality notice has been issued—
(A) a registered health practitioner;
(B) a trade union of which the person is a member;
(C) an employee assistance program;
(ii) to the Victorian WorkCover Authority for the purpose of a workers' compensation claim;
(iii) to a prescribed service for a purpose prescribed for that service;
(iv) for the purpose of an application to the Fair Work Commission, including any related proceeding;
(g) as is otherwise authorised or required to be made by or under this Act.