Law Enforcement Conduct Commission Act 2016
180Secrecy
Start here
Get a plain-English read of 180
Turn the raw legal text into a practical explanation grounded in Law Enforcement Conduct Commission Act 2016.
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—