Overriding secrecy laws
1 Overriding secrecy laws
It is to be conclusively presumed that there is an overriding public interest against disclosure of information the disclosure of which is prohibited by any of the following laws (which are referred to in this Act as overriding secrecy laws), whether or not the prohibition is subject to specified qualifications or exceptions and whether or not a breach of the prohibition constitutes an offence—
Assisted Reproductive Technology Act 2007—Part 3 (Central register)
Bail Act 2013—section 89 (Restrictions on publication of association conditions)
Biofuels Act 2007—section 25 (Secrecy)
Child Protection (Offenders Registration) Act 2000—section 21E (Prohibited disclosure of information concerning registrable persons)
Crimes (Administration of Sentences) Act 1999—section 194 (Security of certain information) and regulations under section 283 (Regulations)
Crimes (Forensic Procedures) Act 2000—section 109 (Disclosure of information)
Crimes (Sentencing Procedure) Act 1999—sections 51B (Certain information not to be published or broadcast) and 100H (Certain information not to be published or broadcast)
Criminal Procedure Act 1986—regulations under section 351 (Regulations with respect to the provision or disclosure of information in connection with intervention programs)
Criminal Records Act 1991—section 13 (Unlawful disclosure of information concerning spent convictions)
Dust Diseases Tribunal Act 1989—section 32I (Information about claims)
Education Act 1990—provision made by or under section 18A (Publication of school results) or Division 2 (Obtaining information about students) of Part 5A
Electoral Act 2017—sections 43 (Electoral Information Register not available for public inspection), 55 (Privacy—non-disclosure of information), 159 (Secrecy relating to technology assisted voting), 175 (Security of election materials and electronic resources) and 268 (Disclosure of information)
Gaming and Liquor Administration Act 2007—section 17 (Secrecy)
Health Administration Act 1982—Division 6B (Quality assurance committees) of Part 2, Part 2A (Response to incidents) and section 23 (Specially privileged information)
Health Care Complaints Act 1993
Independent Commission Against Corruption Act 1988
Jury Act 1977
Law Enforcement Conduct Commission Act 2016
Parliamentary Budget Officer Act 2010—section 17 (Confidentiality of information or documents relating to election policy costings)
Police Act 1990—section 169A (Identity of complainant not to be disclosed)
Police Regulation 2015—clause 54 (Secrecy as to complaints about conduct)
Public Interest Disclosures Act 2022—section 64 (Identifying information not to be disclosed)
Public Lotteries Act 1996—section 80 (Secrecy)
State Records Act 1998—section 73 (Authority’s duty of confidentiality) but only in respect of information to which a person gains access in the exercise of functions under that Act as a result of the information having been acquired in the course of the administration of another Act mentioned in this Schedule
Totalizator Act 1997—section 105 (Secrecy)
Witness Protection Act 1995
Subclause (1) does not apply in relation to the disclosure of a spent conviction (within the meaning of the Criminal Records Act 1991) to the person who was convicted.
This Act’s bill:Explanatory memorandumSecond reading speech
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