Crime and Corruption Act 2001

A person must not, without the commission’s written consent or contrary to the commission’s order, disclose to anyone else—

an answer given, or document or thing produced, at a commission hearing, or anything about the answer, document or thing; or

information that might enable the existence or identity of a person who is about to give or has given evidence before the commission (witness) at a hearing to be ascertained; or

information that might enable the existence of a notice that is a confidential document under section 84 to be ascertained.

A person does not contravene subsection (1) if any of the following applies to the disclosure—

the answer given, or document or thing produced, was given or produced at a public hearing and the disclosure is not contrary to the commission’s order;

the witness appeared at a public hearing and the disclosure is not contrary to the commission’s order;

the disclosure is made—

for the purpose of defending a charge of an offence and is relevant to the defence; and

to a person charged with the offence or a lawyer representing a person charged with the offence;

the disclosure is made for the purpose of making a submission to the parliamentary committee about the conduct of the commission’s investigation;

the disclosure is made for the purposes of a disciplinary proceeding or to start a prosecution for an offence.

Also, a person does not contravene subsection (1)(b) if—

the person is the witness, or the disclosure is made with the witness’s implied or express consent; or

the information mentioned in the provision has been generally made known by the witness or by the commission.

In subsection (3), a reference to a witness is a reference to a witness other than a witness who received a notice that is a confidential document under section 84.

Further, a person does not contravene subsection (1)(c) if the person has a reasonable excuse.

It is a reasonable excuse for a person to disclose the existence of a notice that is a confidential document under section 84 if—

the disclosure is made for the purpose of—

seeking legal advice in relation to the document or an offence against subsection (1)(c); or

obtaining information in order to comply with the document; or

making a complaint to the parliamentary committee about the document; or

the administration of this Act; and

the person informs the person to whom the disclosure is made that it may be an offence to disclose the existence of the document to anyone else.

The commission may apply to a Supreme Court judge for an order prohibiting a disclosure mentioned in subsection (2)(e).