Disclosure subject to confidentiality notice
26F Disclosure subject to confidentiality notice
S. 26F(1) amended by No. 2/2019 s. 77(1).
Subject to subsections (2), (2A), (2B), (3), (4) and (5), a person who—
is duly served with a confidentiality notice and, if applicable, a copy of any order extending the confidentiality notice; or
receives a copy of a confidentiality notice under subsection (6) or (7) and, if applicable, a copy of any order extending the confidentiality notice—
must not disclose a restricted matter specified in the confidentiality notice while it has effect.
Penalty: 120 penalty units or imprisonment for 12 months or both.
Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made in any of the following circumstances—
in accordance with a direction or authorisation given by the Ombudsman;
to any person where necessary for the purposes of obtaining any information, document or other thing to comply with a witness summons or a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice, including if the person—
does not have a sufficient knowledge of the English language to understand the nature of the witness summons or confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice, to an interpreter;
is a person under the age of 18 years, to a parent, guardian or independent person;
is a person who is illiterate or has a mental, physical or other impairment which prevents the person from understanding the witness summons, confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice without assistance, to an independent person;
S. 26F(2)(c) amended by No. 2/2019 s. 169.
subject to any direction given under section 18M(3), for the purposes of obtaining legal advice or representation in relation to—
an enquiry or investigation conducted by the Ombudsman under this Act; or
S. 26F(2)(c)(ii) amended by No. 85/2012 s. 168(1), substituted by No. 2/2019 s. 77(2)(a).
the person's rights, liabilities, obligations and privileges under this Act or a relevant Act;
S. 26F(2)(d) amended by No. 30/2016 s. 70(5)(b).
by a legal practitioner who receives a disclosure in the circumstances specified in paragraph (c), for the purposes of complying with a legal duty of disclosure or a professional obligation arising from their professional relationship with their client;
S. 26F(2)(e) substituted by No. 2/2019 s. 77(2)(b).
to any of the following persons, unless the Ombudsman directs that the restricted matter must not be disclosed to that person—
the spouse or domestic partner of the person served with the confidentiality notice;
the employer or manager of the person served with the confidentiality notice, or both;
S. 26F(2)(f) inserted by No. 2/2019 s. 77(2)(b).
in any of the following circumstances, unless the Ombudsman directs that the restricted matter must not be disclosed in that circumstance—
to any of the following for the purpose of assisting the person to seek advice or support in relation to the investigation in respect of which the confidentiality notice has been issued—
a registered health practitioner;
S. 26F (2)(f)(i)(B) amended by No. 31/2024 s. 94.
a trade union, within the meaning of section 93AB(11) of the Competition and Consumer Act 2010 of the Commonwealth, of which the person is a member;
an employee assistance program;
to the Victorian WorkCover Authority for the purpose of a workers' compensation claim;
to a prescribed service for a purpose prescribed for that service;
for the purpose of an application to the Fair Work Commission, including any related proceeding;
S. 26F(2)(g) inserted by No. 2/2019 s. 77(2)(b).
as is otherwise authorised or required to be made by or under this Act.
S. 26F(2A) inserted by No. 2/2019 s. 77(3).
Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed to the IBAC if—
the IBAC referred the complaint to which the restricted matter relates to the Ombudsman under section 73 of the Independent Broad-based Anti‑corruption Commission Act 2011; and
the IBAC has withdrawn the referral in accordance with section 79 of that Act.
S. 26F(2B) inserted by No. 2/2019 s. 77(3).
Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed to Victoria Police if—
the Ombudsman has disclosed information to the Chief Commissioner of Police under section 16L relating to actual or potential criminal conduct; and
the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct.
Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made for the purposes of making—
a complaint to the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011; or
S. 26F(3)(b) amended by No. 31/2024 s. 113(Sch. 1 item 24.18).
a complaint to Integrity Oversight Victoria under the Integrity Oversight Victoria Act 2011.
Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made for the purposes of complying with—
a witness summons served on a person by the IBAC under the Independent Broad‑based Anti-corruption Commission Act 2011; or
S. 26F(4)(b) amended by No. 31/2024 s. 113(Sch. 1 item 24.18).
a witness summons served on a person by Integrity Oversight Victoria under the Integrity Oversight Victoria Act 2011.
S. 26F(5) amended by No. 2/2019 s. 77(4).
Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure made is of information that has been laid before a House of the Parliament in a report by the Ombudsman, another investigating entity or the Integrity and Oversight Committee or has otherwise been made public in accordance with this or any other Act.
A person who makes a disclosure of information permitted by subsection (2) must, when making the disclosure, provide the person to whom the disclosure is made with a copy of the confidentiality notice and of any order extending the confidentiality notice, unless the person has a reasonable excuse for not doing so.
Penalty: 120 penalty units or imprisonment for 12 months or both.
If in respect of a particular investigation a person who makes a disclosure of information permitted by subsection (2) receives a new confidentiality notice, a notice cancelling the confidentiality notice or an order extending the confidentiality notice, the person must as soon as reasonably practicable provide a copy of the new confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice to each person to whom the disclosure has been made, unless the person has a reasonable excuse for not doing so.
Penalty: 120 penalty units or imprisonment for 12 months or both.
Proceedings may only be instituted for an offence under subsection (1), (6) or (7)—
by the Ombudsman; or
by or with the consent of the Director of Public Prosecutions.
S. 26F(9) inserted by No. 2/2019 s. 77(5).
In this section—
Fair Work Commission means the body established under section 575 of the Fair Work Act 2009 of the Commonwealth;
investigating entity has the same meaning as in section 3 of the Public Interest Disclosures Act 2012;
registered health practitioner means a person registered under the Health Practitioner National Law to practise a health profession (other than as a student);
S. 26F(9) def. of relevant Act amended by Nos 9/2020 s. 390(Sch. 1 item 75.2), 31/2024 s. 113(Sch. 1 item 24.19).
relevant Act means—
the Public Interest Disclosures Act 2012; or
the Independent Broad-based Anti-corruption Commission Act 2011; or
the Integrity Oversight Victoria Act 2011; or
the Fair Work Act 2009 of the Commonwealth; or
the Local Government Act 2020; or
the Racing Act 1958; or
the Freedom of Information Act 1982;
Victorian WorkCover Authority has the same meaning as in the Workplace Injury Rehabilitation and Compensation Act 2013.
Note to s. 26F inserted by No. 85/2012 s. 168(2), amended by No. 2/2019 s. 77(6).
Note
A person who is served with or receives a confidentiality notice may be subject to further confidentiality obligations under Part 7 of the Public Interest Disclosures Act 2012.
Pt 5A Div. 3 (Heading and s. 26FA) inserted by No. 85/2012 s. 170, amended by No. 30/2016 s. 70(5)(c), repealed by No. 2/2019 s. 78.
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Pt 5AB (Heading and ss 26FB, 26FC) inserted by No. 2/2019 s. 170.
Part VAB—Information sharing
S. 26FB inserted by No. 2/2019 s. 170.
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