79Confidential or privileged information

79 Confidential or privileged information (1) Subject to this Act: (a) no obligation of secrecy or confidentiality or other restriction on disclosing information (imposed by a law of the Territory or otherwise) applies to the giving of evidence; and (b) no privilege exists to protect the refusal or failure to give evidence on grounds of public interest immunity; and (c) no privilege exists in favour of the Territory or a public body (other than a body that is a public body only because of section 16(1)(l)) to protect the refusal or failure to give evidence on grounds of client legal privilege. Note for subsection (1)(c) Client legal privilege for individuals is dealt with in section 80. (2) However, a person is not authorised or required by this Act: (a) to disclose information contrary to section 38 of the Northern Territory Aboriginal Sacred Sites Act 1989; or (b) to disclose confidential information about the decisions, proceedings or deliberations of: (i) the Executive Council or a committee of the Executive Council; or (ii) the Cabinet or a committee of the Cabinet; or (c) to disclose confidential information about communications among members of the Executive Council or Cabinet or among Australian governments; or (d) to produce a document or to disclose information about a document that is exempt under section 45(1)(a) of the Information Act 2002. (3) If, but for subsection (1)(c), the Territory or a public body could claim privilege in relation to information, the ICAC must not make the information available to the public, in a report or otherwise, except to the extent the ICAC considers necessary to explain or support a finding of improper conduct the ICAC has made public.

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