19COffences relating to private sessions

19C Offences relating to private sessions

[Section 19C of Part 3 Inserted by No. 4 of 2021, s. 16, Applied:01 Mar 2021]

(1)  A person must not make a record of, use or disclose information that –

(a) was obtained by the person at a private session of a Commission; or

(b) was given at a private session of a Commission and obtained by the person before, or after, the information was so given; or

(c) was given to a member of a Commission for the purposes of a private session or proposed private session.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years.

(2)  Subsection (1) does not apply if –

(a) the disclosure of the information was required or authorised under this Act, or any other Act, in order to ensure the safety and welfare of a person or a class of persons; or

(b) the record, use or disclosure of the information was for the purposes of performing functions, or exercising powers, under this Act in respect of the Commission to whom the information was given; or

(c) the person is authorised to make the record of, or to use or disclose, the information under this Act and only records, uses or discloses the information in accordance with this Act; or

(d) the information is recorded, used or disclosed with the consent of –

(i) in relation to information referred to in subsection (1)(a) or (b) , the person who gave the information at the private session of the Commission and each person referred to in the information; and

(ii) in relation to information referred to in subsection (1)(c) , the person who gave the information to the member of the Commission; or

(da) [Section 19C Subsection (2) amended by No. 19 of 2025, s. 4, Applied:01 Mar 2021] the information that is recorded or used by, or disclosed to, a person –