Part 6Miscellaneous

Part 6—Miscellaneous 50—No obligation on persons to maintain secrecy No obligation to maintain secrecy or other restriction on the disclosure of information applies for the purposes of a complaint, report, assessment, investigation or referral under this Act, except an obligation or restriction designed to keep the identity of an informant secret. 51—Arrangements for provision of information by Commissioner of Police The Commissioner of Police is to enter into arrangements with the Commissioner under which the Commission is given access to confidential information and databases for the purposes of assessments and investigations under this Act and for appropriate protection of the confidentiality of the information accessed. 52—Commission to be regarded as law enforcement body The Commission is, for the purposes of any other Act, to be regarded as a body established for law enforcement purposes (however described). 53—Impersonation A person must not falsely represent, by words or conduct, that they are a member of the Commission. 54—Confidentiality (1) Except as required or authorised by this Act or by the Commissioner or the Director of OPI, a person who is or has been engaged in the administration of this Act must not, directly or indirectly, disclose information in relation to or connected with a matter that forms or is the subject of a complaint, report, assessment, investigation, referral or evaluation under this Act. Maximum penalty: $2 500 or imprisonment for 6 months. (2) Despite subsection (1), a person engaged in the administration of this Act may disclose information— (a) for the purposes of the administration or enforcement of this Act; or (b) for the purposes of referring a matter in accordance with this Act to a law enforcement agency, inquiry agency, public authority or public officer; or (c) for the purposes of a criminal proceeding or a proceeding for the imposition of a penalty; or (d) for the performance of the functions of the Office or the Commission under another Act; or (e) as otherwise required or authorised by this or another Act. (3) A person who receives information knowing that the information is connected with a matter that forms or is the subject of a complaint, report, assessment, investigation, referral or evaluation under this Act must not disclose that information unless— (a) the person is authorised in writing by the Commissioner or the Director of OPI, or by a person approved by the Commissioner or the Director of OPI under this section to give an authorisation; or (b) the disclosure of that information is for the purpose of— (i) dealing with a matter referred under this Act by the Commission or the Office; or (ii) a criminal proceeding, a proceeding for the imposition of a penalty or disciplinary action; or (iii) a person obtaining legal advice or legal representation or for the purposes of determining whether a person is entitled to an indemnity for legal costs; or (iv) a person obtaining medical or psychological assistance from a medical practitioner or psychologist; or (v) a person advising their employer; or (vi) a person advising their business partners or others with whom a relevant fiduciary relationship exists; or (vii) the management of a workers compensation claim; or (c) the information relates to the person and is disclosed by the person to a close family member of the person. Maximum penalty: $2 500 or imprisonment for 6 months. (3a) An authorisation to disclose information must be granted under subsection (3)(a) on application by a person— (a) if— (i) the information relates to the applicant; and (ii) the person determining the application is satisfied that disclosure of the information would not reasonably be expected to prejudice any further action in respect of the matter; or (b) if— (i) the information was disclosed to the applicant by a close family member; and (ii) the information relates to the close family member; and (iii) the close family member is deceased or is otherwise no longer able to apply for authorisation to disclose the information; and (iv) the person determining the application is satisfied that disclosure of the information would not reasonably be expected to prejudice any further action in respect of the matter. (4) For the purposes of subsection (3)(c), a person is a close family member of another person if— (a) 1 is a spouse of the other or is in a close personal relationship with the other; or (b) 1 is a parent or grandparent of the other (whether by blood or by marriage); or (c) 1 is a brother or sister of the other (whether by blood or by marriage); or (d) 1 is a guardian or carer of the other. (5) A person must not, except as authorised in writing by the Commissioner or the Director of OPI, or by a person approved by the Commissioner or the Director of OPI under this section to give an authorisation, or by a court hearing proceedings for an offence against this Act, publish, or cause to be published— (a) information tending to suggest that a particular person is, has been, may be, or may have been, the subject of a complaint, report, assessment, investigation or referral under this Act; or (b) information that might enable a person who has made a complaint or report under this Act to be identified or located; or (c) the fact that a person has made or may be about to make a complaint or report under this Act; or (d) information that might enable a person who has given or may be about to give information or other evidence under this Act to be identified or located; or (e) the fact that a person has given or may be about to give information or other evidence under this Act; or (f) any other information or evidence publication of which is prohibited by the Commission. Maximum penalty: (a) in the case of a body corporate—$150 000; (b) in the case of a natural person—$30 000. (6) A person does not however commit an offence against this section by publishing— (a) any information the disclosure of which has been authorised under subsection (3)(a); or (b) a report of anything said in any proceedings to which parliamentary privilege applies. (7) The Director of OPI and the Commissioner must enter into an agreement about the manner in which they will each exercise the power to authorise disclosure of information under this section. 55—Proceedings to be heard in private (1) Subject to an order of the court or judicial officer concerned to the contrary, proceedings for an application for a warrant or injunction under this Act, proceedings for contempt of the Commission and other proceedings under this Act (other than for an offence) must be heard in private. (2) Proceedings for an offence against this Act must be heard in private if a public hearing may prejudice an investigation under this Act or unduly prejudice the reputation of a person other than the defendant. 56A—Use of evidence or information (1) Subject to this Act (but despite any other Act or law) evidence or information obtained (whether before or after the commencement of this section) by the lawful exercise of powers in relation to suspected corruption in public administration— (a) may be used for the purposes of any other investigation in relation to suspected corruption in public administration; and (b) may be provided to, and may be received and used by— (i) law enforcement agencies and prosecution authorities for the purposes of any criminal investigation or proceedings or proceedings for the imposition of a penalty; and (ii) public authorities for the purposes of any disciplinary investigation or action in relation to suspected corruption in public administration, whether the investigation, proceedings or action relate to, or arise from, the same matter or a different matter; and (c) is not inadmissible in proceedings before a court merely because the evidence or information was not obtained for the purposes of those proceedings. (1a) For the purposes of subsection (1), evidence or information will be taken to be obtained by a lawful exercise of powers in relation to suspected corruption in public administration notwithstanding a jurisdictional error in the exercise of those powers. (2) No civil or criminal liability lies against a person in respect of any use of evidence or information permitted by this section. 57—Victimisation (1) A person who causes detriment to another on the ground, or substantially on the ground, that the other person or a third person has made or intends to make a complaint or report under this Act or has provided, or intends to provide, information or other assistance to the Commission in connection with an investigation under this Act commits an act of victimisation. (2) Causing detriment on the ground that a person— (a) has made a false allegation; or (b) has not acted in good faith, does not constitute an act of victimisation. (3) An act of victimisation under this Act may be dealt with— (a) as a tort; or (b) as if it were an act of victimisation under the Equal Opportunity Act 1984, but, if the victim commences proceedings in a court seeking a remedy in tort, he or she cannot subsequently lodge a complaint under the Equal Opportunity Act 1984 and, conversely, if the victim lodges a complaint under that Act, he or she cannot subsequently commence proceedings in a court seeking a remedy in tort. (4) If a complaint alleging an act of victimisation under this Act has been lodged with the Commissioner for Equal Opportunity and the Commissioner is of the opinion that the subject matter of the complaint has already been adequately dealt with by a competent authority, the Commissioner may decline to act on the complaint or to proceed further with action on the complaint. (5) In proceedings against a person seeking a remedy in tort for an act of victimisation committed by an employee or agent of the person, it is a defence to prove that the person exercised all reasonable diligence to ensure that the employee or agent would not commit an act of victimisation. (6) A person who personally commits an act of victimisation under this Act is guilty of an offence. Maximum penalty: $10 000. (7) Proceedings for an offence against subsection (6) may only be commenced by a police officer or a person approved by either the Commissioner of Police or the Director of Public Prosecutions. (8) In this section— detriment includes— (a) injury, damage or loss; or (b) intimidation or harassment; or (c) discrimination, disadvantage or adverse treatment in relation to a person's employment; or (d) threats of reprisal. 58—Service Subject to the regulations, a notice or other document required or authorised to be given to or served on a person under this Act may— (a) be given to the person personally; or (b) be left for the person at the person's place of residence or business with someone apparently over the age of 16 years; or (c) be posted to the person at the person's last known place of residence or business; or (d) be transmitted by fax or email to a fax number or email address provided by the person (in which case the notice or other document will be taken to have been given or served at the time of transmission); or (e) if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served in accordance with that Act. 59—Evidence (1) In proceedings, a certificate apparently executed by the Commissioner certifying as to a matter relating to— (a) the appointment of an examiner or investigator; or (b) a delegation; or (c) a notice; or (d) an order; or (e) the receipt or non‑receipt of a document, statement of information or other thing, under this Act constitutes proof, in the absence of proof to the contrary, of the matters so certified. 59A—Legal assistance (1) Despite any other Act or law but subject to subsection (2), the Attorney‑General must determine a claim for a relevant payment in respect of legal expenses incurred after the commencement of this section in accordance with the policy set out in Schedule 5. (2) This section does not prevent the Attorney‑General making any payment to a person in excess of the amount that would be payable in accordance with the policy set out in Schedule 5 or in circumstances other than those referred to in that Schedule. (3) In this section— relevant payment means a payment as reimbursement of costs associated with the engagement of an independent legal practitioner by a public officer who has been the subject of, or required to participate in, an investigation under this Act. 60—Regulations (1) The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act. (2) Without limiting the generality of subsection (1), the regulations may— (a) make provision for the payment of expenses or other amounts to persons required to attend before the Commission, produce a document or other thing or provide a copy of a document; and (b) prescribe forms for the purposes of this Act; and (c) prescribe the manner in which a summons or notice under Schedule 2 is to be served on or given to a person; and (d) prescribe fines (not exceeding $5 000) for offences against the regulations; and (e) be of general application or vary in their application according to prescribed factors; and (f) provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Commissioner.