208Exceptions to confidentiality requirements

#### 208 Exceptions to confidentiality requirements Purposes connected with Integrity Commissioner’s functions and powers (1) Subsection 207(1) does not prevent a person from making a record of information, or divulging or communicating information, if the person: (a) acquired the information in the performance of his or her duties as a staff member of ACLEI; and (b) makes the record, or divulges or communicates the information: (i) for the purposes of a corruption investigation; or (ii) for purposes otherwise connected with the exercise of the powers, or the performance of the functions, of the Integrity Commissioner under this Act; and (c) to the extent that the information is hearing material or derivative material—divulges or communicates the material in accordance with: (i) any direction given under subsection 90(1) (about confidentiality for hearings); and (ii) Subdivision EAA of Division 2 of Part 9. > Note: A defendant bears an evidential burden in relation to the matter in subsection (1): see subsection 13.3(3) of the Criminal Code. (2) Without limiting subsection (1), subsection 207(1) does not prevent a person from communicating information to another person if: (a) the person acquired the information in the performance of his or her duties as a staff member of ACLEI; and (b) a provision of this Act requires or permits the Integrity Commissioner to communicate that information to the other person; and (c) to the extent that the information is hearing material or derivative material—the person communicates the material in accordance with: (i) any direction given under subsection 90(1) (about confidentiality for hearings); and (ii) Subdivision EAA of Division 2 of Part 9. > Note 1: Various provisions in this Act require information sharing in relation to a corruption issue: see, for example, sections 44, 50 and 70. > Note 2: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code. Disclosure to a relevant agency (3) Subsection 207(1) does not prevent the Integrity Commissioner from disclosing information to the following heads of agencies: (a) the Commonwealth Ombudsman; (aa) the Inspector‑General of Intelligence and Security; (b) an Ombudsman of a State or Territory; (c) the head of a law enforcement agency; (d) the head of a police force of a State or Territory; (e) the head of an integrity agency for a State or Territory; (f) the head of another government agency; if: (g) the Integrity Commissioner is satisfied that, having regard to the functions of the agency concerned, it is appropriate to do so; and (h) to the extent that the information is hearing material or derivative material—the Integrity Commissioner discloses the material in accordance with: (i) any direction given under subsection 90(1) (about confidentiality for hearings); and (ii) Subdivision EAA of Division 2 of Part 9. > Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code. Integrity Commissioner to be satisfied that confidentiality regime in place (4) If the Integrity Commissioner proposes to disclose information to a person under subsection (3), the Integrity Commissioner must satisfy himself or herself that a law of the Commonwealth, a State or Territory makes provision corresponding to the provision made by section 207 and this section with respect to the confidentiality of information acquired by that person. Disclosure required by another Commonwealth law (5) Subsection 207(1) does not prevent a person from disclosing information if the disclosure is required under another law of the Commonwealth. > Note: A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code. Disclosure to particular person (6) The Integrity Commissioner may disclose information to a particular person if the Integrity Commissioner is satisfied that it is necessary to do so in order to protect that or another person’s life or physical safety. Section 149 certified information (7) The Integrity Commissioner must not disclose information to a person under subsection (3) or (6) (except to the Inspector‑General of Intelligence and Security for the purpose of performing the Inspector‑General’s functions) if: (a) the information is section 149 certified information; and (b) the disclosure of the information to the person would contravene the certificate issued under section 149. Notifying the Attorney‑General (8) The Integrity Commissioner must notify the Attorney‑General if the Integrity Commissioner intends to give section 149 certified information to the Inspector‑General of Intelligence and Security.