Commission not to disclose critical police or Crime Commission information
179 Commission not to disclose critical police or Crime Commission information
This section applies—
to information (referred to as police information) that is provided to the Commission by the Commissioner of Police or by some other police officer in accordance with a requirement under this Act or the Police Act 1990, and
to information (referred to as Crime Commission information) that is provided to the Commission by the Crime Commissioner or by some other Crime Commission officer in accordance with a requirement under this Act or the Crime Commission Act 2012.
The Commissioner of Police may at any time notify the Commission that specified police information (referred to in this section as critical police information) is information the disclosure of which may, in the opinion of the Commissioner of Police, prejudice the investigation or prevention of crime, or otherwise be contrary to the public interest.
The Crime Commissioner may at any time notify the Commission that specified Crime Commission information (referred to in this section as critical Crime Commission information) is information the disclosure of which may, in the opinion of the Crime Commissioner, prejudice the investigation or prevention of crime, or otherwise be contrary to the public interest.
Any notice under subsection (2) or (3) must include the reasons for which the Commissioner of Police or Crime Commissioner has formed the opinion referred to in that subsection.
The Commission is not to disclose critical police information or critical Crime Commission information at any time.
The Commission is not to disclose police information or Crime Commission information that is provided to the Commission by the Commissioner of Police or some other police officer or the Crime Commissioner or some other Crime Commission officer in accordance with a requirement under this Act (other than critical police information or critical Crime Commission information) before the expiry of 21 days after the date on which it was provided.
Note.
The 21-day period provides the Commissioner of Police and Crime Commissioner with an opportunity to notify the Commission that the information is critical police information or critical Crime Commission information, respectively.
Subsections (5) and (6) do not apply to or in respect of the disclosure of information for the purpose of Part 6.
Nothing in this section prevents the Commission from disclosing—
police information (including critical police information) to the Minister or the Commissioner of Police or to any other person to whom the Commissioner of Police authorises disclosure of the information, or
Crime Commission information (including critical Crime Commission information) to the Minister or the Crime Commissioner or to any other person to whom the Crime Commissioner authorises disclosure of the information.
Nothing in this section prevents the Commission from including police information (including critical police information) or Crime Commission information (including critical Crime Commission information)—
in any report submitted to the Presiding Officer of each House of Parliament, or
in the copy of any such report submitted to the Minister,
if, in the Commission’s opinion, the circumstances so warrant.
This Act’s bill:Explanatory memorandumSecond reading speech
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