Police Act 1990

Information tending to identify a person as a complainant (identifying information) is not to be disclosed by a member of the NSW Police Force.

However, subsection (1) does not prevent the disclosure of the identifying information if—

the person consents in writing to the disclosure of the identifying information, or

it is generally known the person is a complainant as a result of the person’s voluntary self-identification as a complainant, or

after consulting the person, the member of the NSW Police Force reasonably considers it necessary to disclose the identifying information to protect a person from detriment, or

it is necessary the identifying information be disclosed to a person whose interests are affected by the complaint, or

the identifying information has previously been lawfully published, or

the identifying information is disclosed to a medical practitioner or psychologist for the purposes of the practitioner or psychologist providing medical or psychiatric care, treatment or counselling to the member of the NSW Police Force, or

the identifying information is disclosed for the purposes of proceedings before a court or tribunal, or

the disclosure of the identifying information is necessary to deal with the complaint effectively, or

it is otherwise in the public interest to disclose the identifying information, or

the identifying information is disclosed in accordance with a requirement of or made under this or another Act, or

the identifying information is disclosed in accordance with guidelines established by the Commissioner for the purposes of this section.

To avoid doubt, a person does not voluntarily self-identify as a complainant merely by making the complaint in confidence.

In this section—