Section 71 — Confidentiality of proceedings

(1)This section applies to the following information:

(a)any statement or document submitted, created or made for the purposes of a proceeding before an adjustment relief assessor;

(b)any information (whether written or oral) that is disclosed in the course of the proceeding.

(2)A person who is a party to the proceeding must not disclose to any other person any information in subsection (1), except —

(a)with the consent of the person to whom the information relates;

(b)to the extent that the information is already in the public domain;

(c)to the extent that the disclosure is necessary for the purposes of, or in connection with, the proceeding, the enforcement of an adjustment relief assessor’s determination, or any proceeding before a court or an arbitral tribunal; or

(d)to the extent that the disclosure is required for any purpose under this Act.

(3)A person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

(4)Where there is a contravention of subsection (2), a person who has suffered loss or damage as a result of the contravention has a right of action against the person who contravenes that subsection.

(5)The types of relief the court may grant in an action under subsection (4) include an injunction and damages.[Act 37 of 2020 wef 14/01/2021]