86Disclosure to certain agencies, bodies and persons

86 Disclosure to certain agencies, bodies and persons

When this section applies (1) This section applies if the Ombudsman reasonably believes that protected information will enable or assist any of the following agencies or bodies to perform or exercise any of the functions or powers of the agency or body: (a) the Commonwealth Ombudsman; (b) an agency of a State or a Territory the functions of which include a function that corresponds to a function of the Ombudsman; (c) the Australian Securities and Investments Commission; (d) the Australian Competition Tribunal; (e) the National Competition Council; (f) the Australian Competition and Consumer Commission; (g) any other prescribed agency of the Commonwealth, a State or a Territory; (h) any professional disciplinary body prescribed. Disclosure (2) The Ombudsman may disclose that protected information to the person or body concerned. (3) If any of the following persons: (a) a delegate of the Ombudsman; (b) a person assisting the Ombudsman under section 33; is authorised by the Ombudsman, in writing, for the purposes of this section, the person may disclose that protected information to the person or body concerned. Offence—unauthorised disclosure by professional disciplinary bodies (4) A person commits an offence if: (a) the person is: (i) a professional disciplinary body prescribed for the purpose of paragraph (1)(h); or (ii) a member of such a professional disciplinary body; and (b) protected information has been disclosed under subsection (2) or (3) to the body; and (c) the person: (i) discloses the information to another person; or (ii) uses the information; and (d) the disclosure or use is not: (i) with the consent of the Ombudsman; or (ii) for the purpose of deciding whether or not to take disciplinary or other action; or (iii) for the purpose of taking disciplinary or other action.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.