Offence to disclose certain information – official functions under this Act
145 Offence to disclose certain information – official functions under this Act
A person commits an offence if:
(a) the person obtains information in the course of performing a function connected with the administration of this Act or exercising a power under this Act; and
the person intentionally engages in conduct; and
(c) the conduct results in the disclosure of the information and the disclosure is not:
(i) for a purpose connected with the administration of this Act, including a legal proceeding arising out of the operation of this Act or a referral; or
to a person who is otherwise entitled to the information; and
(d) the person is reckless in relation to the result and circumstance referred to in paragraph (c).
Maximum penalty: 400 penalty units or imprisonment for 2 years.
Strict liability applies to subsection (1)(a).
(3) It is a defence to a prosecution for an offence against subsection (1) if:
(a) the person discloses the information for obtaining professional legal advice from a legal practitioner; or
(b) the person has knowledge of the information independently from obtaining it in the course of performing functions connected with the administration of this Act; or
(c) the person is an independent entity, or an officer or employee of an independent entity, and:
the information is not identifying information; or
(ii) the information is identifying information but the person has given consideration to the principles mentioned in section 91 and disclosure is reasonably necessary to perform the functions of the independent entity; or
(d) the disclosure is authorised in writing by the ICAC or the Inspector; or
the information is otherwise available to the public; or
(f) the person discloses the information believing on reasonable grounds that:
circumstances of sudden or extraordinary emergency exist; and
(ii) disclosing the information is the only reasonable way to deal with the emergency; and
(iii) the disclosure is made in response to the risk and that risk significantly outweighs any risk to a protected person in disclosing the information; or
(g) the disclosure is reasonably required to protect a protected person.
Note for subsection (3)
In addition to the circumstances mentioned in subsection (3), a person who discloses confidential information will not be criminally responsible for an offence if the disclosure is justified or excused by or under a law (see section 43BE of the Criminal Code).
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