Ombudsman Act 1973

At any time, the Ombudsman may provide or disclose any information received or obtained in the course of the performance of duties and functions or the exercise of powers by the Ombudsman under this Act to a person or body specified in subsection (3) if the Ombudsman considers that—

the information is relevant to the performance of the duties and functions or the exercise of the powers of the person or body; and

it is appropriate for the information to be brought to the attention of the person or body, having regard to the nature of the information.

Despite subsection (1), the Ombudsman must not provide or disclose any information to a person or body if—

the person or body, or an employee of the person or body, is the subject of an assessable disclosure; and

the information—

would be likely to lead to the identification of a person who made the assessable disclosure; and

is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies.

For the purposes of subsection (1), the following persons and bodies are specified—

the IBAC;

Integrity Oversight Victoria;

the Auditor-General;

the Parliamentary Workplace Standards and Integrity Commission;

Victoria Police;

the Director of Public Prosecutions;

the Commission for Children and Young People established under section 6 of the Commission for Children and Young People Act 2012;

the Chief Municipal Inspector appointed under section 182 of the Local Government Act 2020;

a Municipal Monitor appointed under section 179 of the Local Government Act 2020;

the Treaty Authority;

the Victorian WorkCover Authority within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013;

the Environment Protection Authority established under section 5 of the Environment Protection Act 1970;

the Racing Integrity Commissioner established under section 37A of the Racing Act 1958;

a Royal Commission, Board of Inquiry or Formal Review;

a body established under a law of the Commonwealth or of another State or of a Territory that is the equivalent of a Royal Commission, Board of Inquiry or Formal Review;

a Commission of Inquiry appointed under Division 5 of Part 7 of the Local Government Act 2020;

the Australian Federal Police constituted under section 6 of the Australian Federal Police Act 1979 of the Commonwealth;

the police force or police service (however described) of another State or a Territory;

a responsible Minister of the Crown;

any authority or its principal officer;

a person or body to whom the Ombudsman has referred a complaint under section 16I or 16IA;

a prescribed person or body.

Subsection (1) applies subject to any restriction on the provision or disclosure of information under this Act or any other Act (including any Commonwealth Act).

If—

a House of the Parliament has by resolution referred a report made by the Ombudsman to a Parliamentary Committee of that House to determine whether there has been a breach of parliamentary privilege or contempt of Parliament; and

the Parliamentary Committee requests the Ombudsman to provide or disclose any information received or obtained in the course of preparing the report which the Parliamentary Committee considers may be necessary to determine whether there has been a breach of parliamentary privilege or contempt of Parliament—

The Ombudsman must not provide or disclose information under subsection (5) that is likely to lead to the identification of a person who has made an assessable disclosure.

In this section—

a Royal Commission established under the Inquiries Act 2014; or

a Royal Commission established under the prerogative of the Crown.