Disclosure by Parliamentary Inspector or officer
208 Disclosure by Parliamentary Inspector or officer
In this section —
court includes a tribunal, authority or person having power to require the production of documents or the answering of questions;
official information, in relation to a relevant person, means information acquired by the person by reason of, or in the course of, the performance of the person’s functions under this Act;
produce includes permit access to;
relevant person means a person who is or was —
the Parliamentary Inspector; or
an officer of the Parliamentary Inspector.
Subject to subsections (3), (4) and (6) a relevant person must not, either directly or indirectly —
make a record of official information; or
disclose any official information.
Penalty: Imprisonment for 3 years and a fine of $60 000.
Despite subsection (2), a relevant person may make a record of official information —
under or for the purposes of this Act;
otherwise in connection with the performance of the person’s functions under this Act.
Despite subsection (2), official information may be disclosed by a relevant person if it is disclosed —
under or for the purposes of this Act; or
for the purposes of a prosecution or disciplinary action instituted as a result of an investigation conducted by the Commission or the Parliamentary Inspector under this Act or any other prosecution or disciplinary action in relation to misconduct; or
to either House of Parliament or to the Standing Committee; or
to any prescribed authority or person; or
otherwise in connection with the performance of the person’s functions under this Act.
A relevant person is not authorised to disclose operational information under subsection (4)(c) or (d) unless —
that operational information arises from a matter relating to misconduct reported, notified or referred to the Parliamentary Inspector; and
the Parliamentary Inspector has certified that disclosure is necessary in the public interest.
Despite subsection (2), a relevant person may disclose —
the fact that an allegation has been received or initiated by the Commission or the details of an allegation; or
the fact that a matter relating to misconduct has been reported, notified or referred to the Parliamentary Inspector or the details of the matter.
A relevant person cannot be required to produce or disclose any official information in or to any court except for the purposes of a prosecution or disciplinary action instituted as a result of an investigation conducted by the Commission or the Parliamentary Inspector under this Act.
[Section 208, formerly section 42, amended: No. 78 of 2003 s. 19; renumbered as section 208: No. 78 of 2003 s. 35(1).]
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