Public Interest Disclosure Act 2013

A person (the first person) commits an offence if:

another person (the second person) has made a public interest disclosure; and

the first person discloses information (identifying information) that:

was obtained by any person in that person’s capacity as a public official; and

is likely to enable the identification of the second person as a person who has made a public interest disclosure; and

the disclosure is to a person other than the second person.

A person commits an offence if the person uses identifying information.

Subsections (1) and (2) do not apply if one or more of the following applies:

the disclosure or use of the identifying information is for the purposes of this Act;

the disclosure or use of the identifying information is in connection with the performance of a function conferred on the Ombudsman by section 5A of the Ombudsman Act 1976;

the disclosure or use of the identifying information is in connection with the performance of a function conferred on the IGIS by section 8A of the Inspector‑General of Intelligence and Security Act 1986;

the disclosure or use of the identifying information is for the purposes of:

a law of the Commonwealth; or

a prescribed law of a State or a Territory;

the person likely to be identified by the identifying information has consented to the disclosure or use of the identifying information, or acted in a way that is inconsistent with keeping that person’s identity confidential;

the identifying information has previously been lawfully published.

A defendant bears an evidential burden in relation to a matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

For the purposes of paragraph (3)(a), and without limitation, a person discloses or uses identifying information for the purposes of this Act if the person does so:

for the purpose of providing assistance in relation to a public interest disclosure; or

for the purpose of providing legal advice, or other professional assistance, relating to a public interest disclosure, in the circumstances mentioned in paragraph 67(2)(a); or

in the performance or exercise (or purported performance or exercise) of a function or power conferred by this Act, in the circumstances mentioned in subsection 78(1).