VIC: Residential Tenancies Act Section 499 Confidentiality
- David Woolfall
- Aug 13, 2022
- 2 min read
Confidentiality (1) In this section, relevant person means a person who is or has been— ***** (d) the Director; or (e) a person employed under Part 3 of the Public Administration Act 2004 in the administration of this Act; or (f) a person to whom the Director had delegated a function or power under this Act. (2) Subject to subsection (3), a relevant person must not, either directly or indirectly, make a record of or divulge or communicate to any person, information concerning the affairs of a person, being information acquired by the relevant person by reason of his or her office or employment under or for the purposes of this Act. Penalty: 150 penalty units.
(3) Nothing in subsection (2) precludes a person from— (a) making a record of or divulging or communicating information— (i) in the performance of a function or the exercise of a power under this or any other Act; or (ia) to a law enforcement agency or other government agency, for a purpose referred to in clause 2.1(g) and (h) of Schedule 1 to the Privacy and Data Protection Act 2014; or
(ii) with the written authority of the Minister; or
(iii) with the written authority of the person to whom the information relates; or
(b) producing a document to a court in the course of criminal proceedings or in the course of any proceedings under this or any other Act; or
(c) divulging or communicating to a court in the course of any proceedings referred to in paragraph (b) any matter or thing coming under his or her notice in the performance of a function or the exercise of a power referred to in paragraph (a); or
(d) providing non-identifying information for statistical purposes only to any person approved by the Minister.
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