Disclosing or taking advantage of information—transitional provision
20 Disclosing or taking advantage of information—transitional provision
S. 20(1) amended by No. 62/1989 s. 10(1)(a)–(c).
A person (other than the complainant) who obtains or receives information in the course or as a result of the exercise of the functions of the Ombudsman under this Act—
shall not disclose that information except—
S. 20(1)(a)(i) amended by No. 62/1989 s. 10(1)(d)(i)(ii).
for the purposes of the exercise of the functions of the Ombudsman and of any report or recommendation to be made under this Act; or
S. 20(1)(a)(ii) amended by Nos 9256 s. 2(a), 62/1989 s. 10(1)(e), 69/2009 s. 54(Sch. Pt 2 item 37).
for the purposes of any proceedings in relation to an offence against this Act or section 19 of the Evidence (Miscellaneous Provisions) Act 1958; or
S. 20(1)(a)(iii) inserted by No. 9256 s. 2(b), amended by No. 6/2012 s. 45.
for the purposes of any communication authorized under section 20A, 20B, 20C or 20D of this Act; and
S. 20(1)(b) amended by No. 30/2016 s. 70(3)(e).
shall not take advantage of any knowledge gained from that information to benefit the person or any other person.
A person who in contravention of this section discloses information or takes advantage of knowledge gained from information shall be guilty of an offence against this Act.
S. 20(3) inserted by No. 62/1989 s. 10(2), amended by No. 69/2009 s. 54(Sch. Pt 2 item 37), repealed by No. 82/2012 s. 235(2).
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S. 20(4) inserted by No. 62/1989 s. 12(1).
Proceedings may only be instituted for an offence under subsection (2)—
by the Ombudsman; or
by or with the consent of the Director of Public Prosecutions.
S. 20(5) inserted by No. 82/2012 s. 235(3).
This section does not apply to any information obtained or received by a person on or after the commencement of Division 1 of Part 7 of the Integrity and Accountability Legislation Amendment Act 2012.
Note
Part VA applies to information acquired on or after the commencement of Division 1 of Part 7 of the Integrity and Accountability Legislation Amendment Act 2012.
S. 20A inserted by No. 9256 s. 3, amended by No. 62/1989 s. 11(a)(b).
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