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.