Commission may communicate information
34A Commission may communicate information
If, in the course of inquiring into a matter, a Commission obtains information that relates, or that may relate, to a contravention of a law, or to evidence of a contravention of a law, of the State, the Commonwealth, another State or a Territory, the Commission may, if in the opinion of the Commission it is appropriate to do so, communicate the information or furnish the evidence, as the case may be, to – the Attorney-General of the State, the Commonwealth, another State, the Australian Capital Territory or the Northern Territory; or the Director of Public Prosecutions; or the authority or person responsible for the administration or enforcement of that law.
A reference in subsection (1) to a contravention of a law is a reference to a contravention for which a person may be liable to – a criminal penalty; or a civil or administrative penalty.
If, in the course of inquiring into a matter, a Commission – obtains information; or takes evidence; or receives a document or thing – that, in the opinion of the Commission, relates or may relate to a matter into which another Commission is required or authorised to inquire, the first-mentioned Commission may, if in its opinion it is appropriate to do so, communicate the information or furnish the evidence, document or thing, as the case may be, to that other Commission.
For the purposes of subsection (3) – another Commission includes a Royal Commission, or a Commission of Inquiry, established in another Australian jurisdiction.
If, in the course of inquiry into a matter, a Commission – obtains information; or takes evidence; or receives a document or thing – that, in the opinion of the Commission, relates or may relate to the performance of the functions of the Integrity Commission (established under the Integrity Commission Act 2009), the Commission may, if in its opinion it is appropriate to do so, communicate the information or furnish the evidence, document or thing, as the case may be, to the Integrity Commission.
If, in the course of inquiry into a matter, a Commission obtains information or evidence in relation to a person that relates, or may relate, to the safety and protection of children, the Commission may, if in the opinion of the Commission it is appropriate to do so, communicate the information or furnish the evidence, as the case may be, to a person or organisation that the Commission is satisfied – is responsible for the management or oversight of, or reporting on, the safety and protection of children generally; or is responsible for the oversight, registration, approval or any other endorsement of persons in the same occupation, industry or recreational activity as the person to whom the information relates; or is responsible for disciplinary proceedings relating to members of the same occupation, industry or recreational activity as the person to whom the information relates.
A person who obtains information, evidence, a document or thing in accordance with this section may make a record of, use or disclose the information, evidence, document or thing for the purposes of performing his or her functions or exercising his or her powers.
A reference in subsection (3) or (5) to the furnishing of a document or thing includes a reference to the furnishing of the contents of the document or a description of the thing.
This Act’s bill:Explanatory notesSecond reading speech
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