56Copying, recording, disclosing and using draft report

56 Copying, recording, disclosing and using draft report

(1) A person commits an offence if: (a) the person receives a draft report under section 55 or as a result of a disclosure permitted under subsection (2) of this section; and (b) the person does any of the following: (i) copies, or makes a record of, any part of the report; (ii) uses any part of the report; (iii) discloses any of the contents of the report to any person or to a court, tribunal or coroner.

Penalty: Imprisonment for 2 years.

(2) Subsection (1) does not apply to any conduct that is necessary for the purpose of: (a) preparing submissions on the draft report; or (b) taking steps to remedy security deficiencies that are identified in the draft report.

Note: A defendant bears an evidential burden in relation to a matter in subsection (2): see subsection 13.3(3) of the Criminal Code.

(3) A person who receives a draft report under section 55, or as a result of a disclosure permitted under subsection (2) of this section, cannot be required to disclose it to a court, tribunal or coroner. (4) A person who receives a draft report under section 55, or as a result of a disclosure permitted under subsection (2) of this section, is not entitled to take any disciplinary action against an employee of the person on the basis of information in the report.