Commissioner and members not to be required to disclose information
23 Commissioner and members not to be required to disclose information
Subject to subsection (3), the Commissioner, a member or a prescribed authority cannot be required—
to produce in a court, or before a tribunal, a Royal Commission or an approved authority, any document that has come into the custody or control of the person in the course of, or because of, the performance of functions or duties under this Act; or
to divulge or communicate to or before such a body any matter or thing that has come to the notice of the person in the performance of functions or duties under this Act, except where it is necessary to do so for the purpose of carrying the provisions of this Act into effect.
Subject to subsection (3), the Office for Public Integrity or the Independent Commission Against Corruption cannot be required—
to produce in a court, or before a tribunal, a Royal Commission or an approved authority, any document that has come into the custody or control of the person in relation to this Act; or
to divulge or communicate to or before such a body any matter or thing that has come to the notice of the person in relation to this Act, except where it is necessary to do so for the purpose of carrying the provisions of this Act into effect.
If it is essential to the determination of legal proceedings under or in relation to a law of this State that the judicial officer presiding over the proceedings be advised of—
the fact that a person is a participant in a witness protection program; or
the location and circumstances of a participant in a witness protection program, a person referred to in subsection (1) or (2) must disclose the relevant information to the judicial officer in chambers, but the person must not disclose the information if any person other than the judicial officer and the judicial officer's associate or clerk is present.
The judicial officer must not disclose any information disclosed to the judicial officer under subsection (3) otherwise than in accordance with this Act.
Subsection (1) does not apply to information about a financial support arrangement for a participant or former participant in a witness protection program if the information is provided in such a way that cannot identify the location, or prejudice the safety, of the participant or former participant.
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