Crime and Corruption Act 2001

This section applies to a person who is or was—

a relevant official; or

a member of the reference committee; or

a person to whom information is given either by the commission or by a person mentioned in paragraph (a) or (b) on the understanding, express or implied, that the information is confidential.

A person must not make a record of, or wilfully disclose, information that has come to the person’s knowledge because the person is or was a person to whom this section applies.

However, a person does not contravene subsection (2) if—

in the case of a record—

the record is made for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or

the making of the record was lawful under a repealed Act; or

in the case of a disclosure—

the disclosure is made—

for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or

at the direction of the parliamentary commissioner under chapter 6, part 4; or

the disclosure was lawful under a repealed Act; or

in the case of a record or a disclosure—the information was publicly available.

A person may not be required to produce in any court a document that has come into the person’s possession, or to disclose to any court a matter or thing that has come to the person’s notice, because the person is or was a person to whom this section applies, unless—

the commission, or a commissioner in the commissioner’s official capacity, or the chief executive officer in the chief executive officer’s official capacity, is a party to the relevant proceeding; or

it is necessary to produce the document or disclose the matter or thing—

to give effect to this Act; or

for a prosecution started as a result of an investigation conducted by the commission.

In this section—

a commission officer;

a member of the parliamentary committee;

the parliamentary commissioner;

an officer of the parliamentary service;

a person appointed, engaged or assigned to help the parliamentary committee or the parliamentary commissioner;

the public interest monitor;

a person mentioned in section 132 of the repealed Criminal Justice Act 1989;

a person to whom section 126 of the repealed Crime Commission Act 1997 applied.

repealed Criminal Justice Act 1989;

repealed Crime Commission Act 1997.