51Direction not to disclose certain information

51 Direction not to disclose certain information (1) The Inspector may, in writing, direct a person not to disclose information if the Inspector believes on reasonable grounds the information would: (a) put a person's safety or wellbeing at risk; or (b) prejudice an investigation or activities related to an investigation under the ICAC Act.

Integrity and Ethics Commissioner Act 2025 26 (2) A direction under subsection (1) may direct a person not to disclose to particular persons or classes of person or, subject to this section, to all persons, as specified in the direction. (3) A direction under subsection (1) must include the following: (a) if the regulations require the direction to be recorded in a register – the means of locating the direction in the register; (b) the date the direction expires, which must be a date within 12 months after the date the direction is given, unless the direction is given to protect an person's safety or wellbeing or to prevent disclosure of identifying information; (c) a statement as to whether the direction is the first direction, or a subsequent direction, given to the same person in relation to the same information; (d) a statement that the direction ceases to have effect if the information to which it relates becomes public knowledge. (4) A failure to comply with subsection (3) does not invalidate the direction, but if no date is specified as required by subsection (3)(b), the direction expires 6 months after the date it is given. (5) A person given a direction under subsection (1) commits an offence if: (a) the person intentionally engages in conduct; and (b) the conduct results in a contravention of the direction and the person is reckless in relation to the result. (6) It is a defence to a prosecution for an offence against subsection (5) if: (a) the disclosure is made: (i) to a legal practitioner for obtaining professional legal advice; or (ii) to a health practitioner or an accredited counsellor for obtaining professional assistance; or (iii) to a religious or spiritual advisor who is subject to ethical confidentiality obligations, for obtaining spiritual assistance; or

Integrity and Ethics Commissioner Act 2025 27 (b) the person discloses the information believing on reasonable grounds that: (i) circumstances of sudden or extraordinary emergency exist; and (ii) disclosing the information is the only reasonable way to deal with the emergency; and (iii) the risk that the disclosure is made in response to significantly outweighs any risk to a protected person in disclosing the information. (7) A direction may be given to a person more than once under this section in relation to the same information. (8) In this section: health practitioner means: (a) a medical practitioner; or (b) a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student). protected person, see section 4 of the ICAC Act.