180Secrecy

#### 180 Secrecy 180 Secrecy > > (1) This section applies to the following— > > > > > (a) a person who is or was an officer of the Commission, > > > > > (b) a person who is or was the Inspector or an officer of the Inspector, > > > > > (c) a person who is or was an Australian legal practitioner appointed to assist the Commission or an examining Commissioner or who is or was a person who assists, or performs services for or on behalf of, such an Australian legal practitioner in the exercise of the Australian legal practitioner’s functions as counsel to the Commission, > > > > > (d) a person or body referred to in section 28 (6), 161 (4) or 162 (6), > > > > > (e) an authorised person referred to in section 137, > > > > > (f) a person who is or was a member of a task force assisting the Commission in accordance with an arrangement under section 21 (5) (a), > > > > > (g) a person carrying out or participating in investigations for or on behalf of or under the direction of the Commission in accordance with an arrangement under section 21 (5) (b). > > > (2) A person to whom this section applies must not, directly or indirectly, except for the purposes of this Act or otherwise in connection with the exercise of the person’s functions under this Act— > > > > > (a) make a record of any information, or > > > > > (b) disclose or communicate to any person any information, > > > > being information acquired by the person by reason of, or in the course of, the exercise of the person’s functions under this Act. > > > > Maximum penalty—50 penalty units or imprisonment for 12 months, or both. > > > (3) A person to whom this section applies who is involved in the investigation under Part 6 of serious misconduct must not, directly or indirectly, except for the purposes of this Act or otherwise in connection with the exercise of the person’s functions under this Act disclose or communicate to any police officer or former police officer any information acquired by the person by reason of, or in the course of, the exercise of the person’s functions under that Part in relation to the investigation. > > > > Maximum penalty—50 penalty units or imprisonment for 12 months, or both. > > > (4) A person to whom this section applies cannot be required— > > > > > (a) to produce in any court any document or other thing that has come into the person’s possession, custody or control by reason of, or in the course of, the exercise of the person’s functions under this Act, or > > > > > (b) to disclose or communicate to any court any matter or thing that has come to the person’s notice in the exercise of the person’s functions under this Act, > > > > except for the purposes of a prosecution, disciplinary proceedings or proceedings under Division 1A or 1C of Part 9 of the [Police Act 1990](/view/html/inforce/current/act-1990-047), arising out of any investigation conducted by a Commissioner or Assistant Commissioner under this Act or a prosecution or disciplinary proceedings against an officer of the Commission arising out of any investigation of the Inspector or an Assistant Inspector under this Act. > > > (5) Despite this section, a person to whom this section applies may (subject to sections 176–179) disclose any such information as follows— > > > > > (a) for the purposes of and in accordance with this Act or of discharging the Commission’s functions under this or any other Act, > > > > > (a1) where the information is identifying information—if the disclosure is for a reason mentioned in section 97P(2), > > > > > (b) for the purpose of any proceedings for an offence under this Act or proceedings for contempt under this Act, > > > > > (c) for the purposes of criminal, coronial or disciplinary proceedings— > > > > > > > (i) resulting from an investigation conducted by the Commission or the Inspector or an Assistant Inspector, or > > > > > > > (ii) arising out of (or relating to) a police investigation, critical incident investigation or Crime Commission investigation overseen by the Commission under Part 7 or 8, > > > > > (d) in accordance with a direction of the Commission or Inspector, if the Commission or Inspector certifies that it is necessary to do so in the public interest, > > > > > (e) if the information is obtained from a police officer, with the consent of the Commissioner of Police or the Minister administering the [Police Act 1990](/view/html/inforce/current/act-1990-047), > > > > > (f) where the information is obtained from a public authority, with the consent of the head of that authority or of the responsible Minister, > > > > > (g) if the information is obtained from any other person, with the consent of that person, > > > > > (h) to a police officer, the Department of Family and Community Services or any other public authority that the Commission considers appropriate in the circumstances if the information relates to the safety, welfare or well-being of a particular child or young person (or a class of children or young persons), > > > > > (i) to any person if the Commission believes on reasonable grounds that disclosure to that person is necessary to prevent or lessen the likelihood of harm being done to any person (but only if the Commission also believes on reasonable grounds that there is a risk of harm (including self-harm) being done to any person), > > > > > (j) for the purpose of any proceedings under Part 5 of the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052) arising as a consequence of a decision made by the Commission in respect of an access application under that Act, > > > > > (k) for the purpose of proceedings under— > > > > > > > (i) the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014), section 33 or 37, or > > > > > > > (ii) this Act, section 97H or 97K, > > > > > (l) to a medical practitioner or psychologist in relation to the provision by that health practitioner of medical or psychiatric care, treatment or counselling (including but not limited to psychological counselling) to a person to whom this section applies, > > > > > (m) to any prescribed authority or person. > > > (6) An authority or person to whom information is disclosed under subsection (5), and any person or employee under the control of that authority or person, is subject to the same rights, privileges, obligations and liabilities under subsections (2), (3) and (4) in respect of that information as if he or she were a person to whom this section applies and had acquired the information in the exercise of functions under this Act. > > > (7) This section does not prevent the Commission from disclosing any information relating to— > > > > > (a) a matter arising under a law of another State, the Commonwealth or a Territory of the Commonwealth, or > > > > > (b) an undertaking that is or was being carried out jointly by New South Wales and another State, the Commonwealth or a Territory of the Commonwealth, > > > > to a person exercising under a law of that other State, the Commonwealth or that Territory, as the case may be, functions similar to those exercised by the Commission under this Act. > > > (8) This section does not operate to render admissible in evidence in any proceedings any document that would not have been so admissible if this section had not been enacted. > > > (9) If— > > > > > (a) the Commission, or an officer of the Commission, is to give evidence before, or to produce the whole or any part of a document to, the Joint Committee, and > > > > > (b) the evidence proposed to be given, or the whole or any part of the document proposed to be produced, would disclose information obtained by the Commission or officer, in the course of his or her office, from a public authority or other person, and > > > > > (c) the public authority or other person has informed the Commission or officer that the information is confidential, > > > > the Commission or officer must make a request under section 31H (1) of the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068) for the evidence to be taken in private or for a direction to be given that the document, or part of the document, be treated as confidential. > > > (10) In the case of information obtained from a public authority or other person as referred to in subsection (5), a reference in section 31H of the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068) to the consent in writing of a witness, in relation to the disclosure or publication of evidence, is to be construed as a reference to the consent in writing of the public authority or other person. > > > (11) In this section— > > > > court includes any tribunal, authority or person having power to require the production of documents or the answering of questions. > > > > identifying information has the same meaning as in section 97P. > > > > produce includes permit access to. > > **s 180:** Am 2022 No 14, Sch 6\[13\]; 2022 No 14, Sch 6\[23\]–\[25\].