Residential Tenancies Act 2004

Obligations of confidentiality.

112

112.—(1) A mediator or adjudicator shall not disclose to any person any statement or information of a confidential nature made or supplied to the mediator or adjudicator in connection with the performance of his or her functions under this Part unless one or more of the conditions specified in subsection (2) is complied with.

(2) The conditions referred to in subsection (1) are—

( a) the person who makes the statement or supplies the information consents to its disclosure,

( b) the mediator or adjudicator has reasonable grounds for believing that the disclosure is necessary to prevent or reduce the danger of injury to any person or damage to any property,

( c) the disclosure is for the purpose of proceedings for an offence under section 113 ,

( d) it would not be possible for the mediator or adjudicator to deal with or determine the dispute concerned without disclosing the statement or information.

(3) A statement or information is of a confidential nature for the purposes of subsection (1) if—

( a) it was expressed to be of such a nature by the maker or supplier of it to the mediator or adjudicator, or

( b) from the circumstances in which it was made or supplied to him or her or its subject matter, the mediator or adjudicator ought reasonably to have concluded that it was of such a nature.

(4) A person who contravenes subsection (1) is guilty of an offence.