Independent Commissioner Against Corruption Act 2017

(1) The ICAC may, in writing, direct a person not to disclose information if the ICAC believes on reasonable grounds the information would:

(b) prejudice an investigation or activities related to an investigation.

(1A) A direction under subsection (1) may direct a person not to disclose to particular persons or classes of person or, subject to this section, to all persons, as specified in the direction.

(a) if the regulations require the direction to be recorded in a register – the means of locating the direction in the register;

(b) the date the direction expires, which must be a date within 12 months after the date the direction is given, unless the direction is given to protect an individual's safety or wellbeing or to prevent disclosure of identifying information;

(c) a statement as to whether the direction is the first direction, or a subsequent direction, given to the same person in relation to the same information;

(d) a statement that the direction ceases to have effect if the information to which it relates becomes public knowledge.

(3) Failure to comply with subsection (2) does not invalidate the direction, but if no date is specified as mentioned in subsection (2)(b), the direction expires 6 months after the date it is given.

(4) A person given a direction under subsection (1) commits an offence if:

(b) the conduct results in a contravention of the direction and the person is reckless in relation to the result.

Maximum penalty: 400 penalty units or imprisonment for 2 years.

(5) It is a defence to a prosecution for an offence against subsection (1) if:

(i) to a legal practitioner for obtaining professional legal advice; or

(ii) to a health practitioner or an accredited counsellor for obtaining professional assistance; or

(iii) to a religious or spiritual advisor who is subject to ethical confidentiality obligations, for obtaining spiritual assistance; or

(b) the person discloses the information believing on reasonable grounds that:

(ii) disclosing the information is the only reasonable way to deal with the emergency; and

(iii) the risk that the disclosure is made in response to significantly outweighs any risk to a protected person in disclosing the information.

(6) A direction may be given to a person more than once under this section in relation to the same information.