Ombudsman Act 2009

(1) This section applies to a person who obtains information in the course of or for:

(a) the making of preliminary inquiries; or

(b) the conduct of conciliation or mediation of a complaint; or

(c) the conduct of the police complaints resolution process; or

(d) the conduct of an investigation.

(2) The person must not disclose the information to anyone else.

Fault element: Recklessness as to the disclosure of the information.

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

(3) Subsection (2) does not apply if:

(a) the information is disclosed for:

(i) the exercise of a power or performance of a function under this Act; or

(ii) formulating a report, or recommendations for a report, under this Act; or

(b) the information is disclosed in:

(i) a report under this Act; or

(ii) an agreement for the resolution of a complaint that, under section

44(5), is binding on the parties to the complaint; or

(c) the information is disclosed for:

(i) a proceeding under section 20; or

(ii) a proceeding for an offence against this Act; or

(iii) a proceeding for another offence, or breach of discipline, constituted by the action or conduct the subject of a complaint; or

(d) the information is disclosed to the Ombudsman of the Commonwealth or a

State for exercising a power or performing a function:

(i) under a law of the Territory, the Commonwealth or a State; or

(ii) under an arrangement made under section 148; or

(e) the information is disclosed in consulting a legal practitioner or, with the Ombudsman's consent, someone else.

(4) The person must not make improper use of the information.

Fault element: Intentionally making improper use of the information.

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

(5) In this section:

improper use, by a person of information, means the person uses the information to gain some private benefit or to benefit or cause harm to someone else.