Constraints on access to information not to apply
137 Constraints on access to information not to apply
An obligation to maintain secrecy or any other restriction on the disclosure of information by an agency, imposed by or under an Act or rule of law, does not apply—
to the disclosure of information required by the Monitor under section 134; or
to information obtained by the Monitor under section 135.
The Monitor or any other person must not divulge or communicate, except to another person performing duties under this Act, any information which has come to the knowledge of the Monitor by reason, directly or indirectly, of subsection (1), if the person who had possession of that information could not, but for that subsection, lawfully have divulged that information to the Monitor or the other person.
Despite subsection (2) or any other law, the Monitor may include in a report under section 142 any information obtained in the course of the Monitor's performance of functions under this or any other Act (other than information that would disclose a deliberation or decision of Cabinet that has not been officially published) if the Monitor considers that—
the information is relevant to the subject matter of the report; and
following consultation with the Minister (if any) responsible for the agency that provided the information—the inclusion of the information in the report is in the public interest.
S. 138 inserted by No. 20/2019 s. 85.
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