Copying, recording, disclosing and using draft report
56 Copying, recording, disclosing and using draft report
A person commits an offence if:
the person receives a draft report under section 55 or as a result of a disclosure permitted under subsection (2) of this section; and
the person does any of the following:
copies, or makes a record of, any part of the report;
uses any part of the report;
discloses any of the contents of the report to any person or to a court, tribunal or coroner.
Penalty: Imprisonment for 2 years.
Subsection (1) does not apply to any conduct that is necessary for the purpose of:
preparing submissions on the draft report; or
taking steps to remedy security deficiencies that are identified in the draft report.
A defendant bears an evidential burden in relation to a matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
A person who receives a draft report under section 55, or as a result of a disclosure permitted under subsection (2) of this section, cannot be required to disclose it to a court, tribunal or coroner.
A person who receives a draft report under section 55, or as a result of a disclosure permitted under subsection (2) of this section, is not entitled to take any disciplinary action against an employee of the person on the basis of information in the report.
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