24Disclosure of information

24 Disclosure of information

(1)  A person who is or has been the Inspector or an officer of the Inspector must not, either directly or indirectly, make a record of, or disclose, any information that was –

(a) acquired in his or her official capacity; and

(b) disclosed or obtained under this Act.

Penalty:  Fine not exceeding 20 penalty units.

(2)  Except as provided in subsections (3) and (4) , subsection (1) does not prevent the making of a record or the disclosure of information where the making of the record or the disclosure –

(a) was reasonably required for the proper discharge of the functions of the Inspector; or

(b) was done with the approval –

(i) in the case of information given by an officer of a custodial centre or of a department which provides a service at a custodial centre – of the responsible Secretary or the responsible Minister; or

(ii) in the case of information given by a member of a public authority – of the governing body of the authority or the responsible Minister; or

(iii) in any other case – of the person by whom the information was given (but only if that person is entitled or authorised to give the information).

(3)  Subsection (1) does not prevent the Inspector from giving information relating to a matter arising wholly or partly under the law of another Commonwealth jurisdiction to a person performing in that jurisdiction functions similar to those performed by the Inspector under this Act.

(4)  Subsection (1) does not prevent the disclosure of information to the Integrity Commission, coroner or Auditor-General if the information is relevant to the performance or exercise by the Integrity Commission, coroner or Auditor-General, respectively, of its, his or her functions or powers.

(4A)  [Section 24 Subsection (4A) inserted by No. 27 of 2025, s. 8, Applied:23 Dec 2025] Subsection (1) does not prevent the disclosure of information to a public authority or the responsible Minister.