Disclosure of identity of informant etc. restricted
16 Disclosure of identity of informant etc. restricted
A person must not make a disclosure (an identifying disclosure) of information that might identify or tend to identify anyone as a person who has made an appropriate disclosure of public interest information under this Act unless —
the person who made the disclosure of public interest information consents to the disclosure of information that might identify or tend to identify him or her; or
it is necessary to do so having regard to the rules of natural justice; or
it is necessary to do so to enable the matter to be investigated effectively; or
the disclosure is made in accordance with an order of a court or any other person or body having authority to hear, receive and examine evidence; or
[(e) deleted]
the identifying disclosure is made in accordance with section 152 or 153 of the Corruption, Crime and Misconduct Act 2003.
Penalty: $24 000 or imprisonment for 2 years.
A reasonable time before making a disclosure in the circumstances described in subsection (1)(b) or (c), the person making the identifying disclosure must take all reasonable steps to advise the person whose identity is to be disclosed —
that the disclosure is to be made; and
the reason for the disclosure being made.
Subsection (2) does not apply in respect of a person who made an anonymous disclosure.
A person must not make a disclosure of information that might identify or tend to identify anyone as a person in respect of whom a disclosure of public interest information has been made under this Act (identifying information) unless —
the person in respect of whom the disclosure of public interest information has been made consents to the disclosure of information that might identify or tend to identify him or her; or
it is necessary to do so to enable the matter to be investigated effectively; or
it is necessary to do so in the course of taking action under section 9(1)(a) to (c); or
there are reasonable grounds to believe that the disclosure of identifying information is necessary to prevent or minimise the risk of injury to any person or damage to any property; or
the disclosure is made in accordance with an order of a court or any other person or body having authority to hear, receive and examine evidence; or
[(f) deleted]
the disclosure is made in accordance with section 152 or 153 of the Corruption, Crime and Misconduct Act 2003.
Penalty: $24 000 or imprisonment for 2 years.
[Section 16 amended: No. 48 of 2003 s. 62 (as amended: No. 78 of 2003 s. 35(13)); No. 78 of 2003 s. 74(2); No. 8 of 2009 s. 104(3); No. 31 of 2012 s. 13 and 16; No. 35 of 2014 s. 39.]
17. Protection of s. 13 forfeited in some cases etc.
A person who has made an appropriate disclosure of public interest information under this Act and who —
fails, without reasonable excuse, to assist a person investigating a matter to which the disclosure relates by supplying the person with any information requested, whether orally or in writing, by the person in such manner, and within such period, as is specified by the person making the request; or
discloses information contained in a disclosure of public interest information otherwise than under this Act,
forfeits the protection given by section 13.
Subsection (1)(a) does not apply in respect of a person who made an anonymous disclosure.
Where a court is considering whether a person has pursuant to subsection (1) forfeited the protection of section 13 and forms the view that the failure or disclosure —
has not materially prejudiced the public interest served by the appropriate disclosure; and
is of a minor nature,
it may make an order relieving the person in whole or part from the forfeiture and may also make such consequential orders necessary to give effect to the order for relief.
[Section 17 amended: No. 31 of 2012 s. 14.]
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