39Disclosure subject to confidentiality notice

39 Disclosure subject to confidentiality notice

S. 39(1) amended by No. 2/2019 s. 63(1).

(1) Subject to subsections (2), (2A) and (3), a person who—

S. 39(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.59).

(a) is duly served with a confidentiality notice by Integrity Oversight Victoria under section 38(9), and if applicable, any order extending the confidentiality notice; or

(b) receives a copy of a confidentiality notice under subsection (3) or (4) and, if applicable, a copy of any order extending the confidentiality notice—

must not disclose a restricted matter specified in the confidentiality notice while it has effect.

Note to s. 39(1) amended by No. 2/2019 s. 63(2).

A person who is served with or receives a confidentiality notice may be subject to further confidentiality obligations under Part 7 of the Public Interest Disclosures Act 2012.

(2) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made in any of the following circumstances—

S. 39(2)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.59).

(a) in accordance with a direction or authorisation given by Integrity Oversight Victoria;

(b) to any person where necessary for the purposes of obtaining any information, document or other thing to comply with a witness summons, a confidentiality notice or an order extending a confidentiality notice under section 38, including if the person—

(i) does not have a sufficient knowledge of the English language to understand the nature of the witness summons, a confidentiality notice or an order extending a confidentiality notice under section 38, to an interpreter;

(ii) is a person under the age of 18 years, to a parent, guardian or independent person;

(iii) is a person who is illiterate or has a mental, physical or other impairment which prevents the person from understanding the witness summons, a confidentiality notice or an order extending a confidentiality notice under section 38 without assistance, to an independent person;

(c) subject to section 58(2) and (8), for the purposes of obtaining legal advice or representation in relation to—

(i) the witness summons, a confidentiality notice or an order extending a confidentiality notice under section 38;

S. 39(2)(c)(ii) substituted by No. 2/2019 s. 63(3)(a).

(ii) the person's rights, liabilities, obligations and privileges under this Act or a relevant Act;

(d) by an Australian legal practitioner who receives a disclosure in the circumstances specified in paragraph (c), for the purposes of complying with a legal duty of disclosure or a professional obligation arising from his or her professional relationship with his or her client;