Ombudsman Act 1972

Except as required or authorised by this Act or by the Ombudsman, a person who is or has been engaged in the administration of this Act must not, directly or indirectly, disclose information in relation to or connected with a matter that forms or is the subject of a complaint, report, assessment, investigation, referral or evaluation under this Act. Maximum penalty: Maximum penalty: $2 500 or imprisonment for

Despite subsection (1), a person engaged in the administration of this Act may disclose information—

for the purposes of the administration or enforcement of this Act;

for the purposes of referring a matter in accordance with this Act to a law enforcement agency, inquiry agency, public authority or public officer; or

for the purposes of a criminal proceeding or a proceeding for the imposition of a penalty; or

for the performance of the functions of the Ombudsman under another

as otherwise required or authorised by this or another

A person who receives information knowing that the information is connected with a matter that forms or is the subject of a complaint, report, assessment, investigation, referral or evaluation under this Act must not disclose that information unless—

the person is authorised in writing by the Ombudsman or by a person approved by the Ombudsman under this section to give an authorisation;

the disclosure of that information is for the purpose of—

dealing with a matter under this Act; or

a criminal proceeding, a proceeding for the imposition of a penalty or disciplinary action; or

a person obtaining legal advice or legal representation or for the purposes of determining whether a person is entitled to an indemnity for legal costs; or

a person obtaining medical or psychological assistance from a medical practitioner or psychologist; or

a person advising their employer; or

a person advising their business partners or others with whom a relevant fiduciary relationship exists; or

the management of a workers compensation claim; or

the information relates to the person and is disclosed by the person to a close family member of the person. Maximum penalty: Maximum penalty: $2 500 or imprisonment for

An authorisation to disclose information must be granted under subsection (3)(a) on application by a person—

if—

the information relates to the applicant; and

the person determining the application is satisfied that disclosure of the information would not reasonably be expected to prejudice any further action in respect of the matter; or

if—

the information was disclosed to the applicant by a close family member; and

the information relates to the close family member;

the close family member is deceased or is otherwise no longer able to apply for authorisation to disclose the information; and

the person determining the application is satisfied that disclosure of the information would not reasonably be expected to prejudice any further action in respect of the matter.

For the purposes of this section, a person is a close family member of another person if—

1 is a spouse of the other or is in a close personal relationship with the other; or

1 is a parent or grandparent of the other (whether by blood or by marriage); or

1 is a brother or sister of the other (whether by blood or by marriage); or

1 is a guardian or carer of the other.

A person must not, except as authorised in writing by the Ombudsman or a person approved by the Ombudsman under this section to give an authorisation, or by a court hearing proceedings for an offence against this

information tending to suggest that a particular person is, has been, may be, or may have been, the subject of a complaint, report, assessment, investigation or referral under this Act; or

information that might enable a person who has made a complaint or report under this Act to be identified or located; or

the fact that a person has made or may be about to make a complaint or report under this Act; or

information that might enable a person who has given or may be about to give information or other evidence under this Act to be identified or located; or

the fact that a person has given or may be about to give information or other evidence under this Act; or

any other information or evidence publication of which is prohibited by the Ombudsman. Maximum penalty: Maximum penalty:

in the case of a body corporate—$150 000;

in the case of a natural person—$30 000.

A person does not however commit an offence against this section by publishing—

any information the disclosure of which has been authorised under subsection (3)(a); or

a report of anything said in any proceedings to which parliamentary privilege applies.