Independent Commissioner Against Corruption Act 2017
146Unauthorised disclosure of information other than in
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146 Unauthorised disclosure of information other than in performing official functions in administering this Act (a) the person obtains information from the ICAC, other than in the course of performing functions connected with the administration of this Act; and (b) the information is confidential information and the person has knowledge of that circumstance; and (c) the person intentionally engages in conduct; and (d) the conduct results in the disclosure of the information and the person is reckless in relation to the result. (a) the person discloses the information: (i) for the administration of this Act, including to a person specified in section 93(1)(b) for their administration of Part 6; or (ii) for a legal proceeding if, after considering section 156, the court considers the disclosure is in the interests of justice; or
Independent Commissioner Against Corruption Act 2017 111 (iii) for obtaining professional legal advice from a legal practitioner; or (iv) for obtaining professional assistance from a health practitioner or an accredited counsellor; or (v) for obtaining spiritual assistance from a religious or spiritual advisor who is subject to ethical confidentiality obligations; or (b) the person has knowledge of the information independently from obtaining it in the course of performing functions connected with the administration of this Act; or (c) the information is information relating to the person and the person discloses it to a close family member; or (d) the person is an independent entity, or an officer or employee of an independent entity, and: (i) the information is not identifying information; or (ii) the information is identifying information but the person has given consideration to the principles mentioned in section 91 and disclosure is reasonably necessary to perform the functions of the independent entity; or (e) the disclosure is authorised in writing by the ICAC or the (f) the person discloses the information believing on reasonable deal with the emergency; or (g) the disclosure is reasonably required to protect a protected
Independent Commissioner Against Corruption Act 2017 112 close family member of a person means any of the following: (a) a spouse or de facto partner of the person; (b) a parent or grandparent (by blood or marriage) of the person; (c) a brother or sister (by blood or marriage) of the person; (d) a guardian for, or carer of, the person. confidential information means information about improper conduct or an allegation of improper conduct, other than information that is otherwise available to the public.