90Directions in relation to confidentiality

#### 90 Directions in relation to confidentiality Prohibition or limitation on use or disclosure (1) The Integrity Commissioner may direct that hearing material: (a) must not be used or disclosed; or (b) may only be used by, or disclosed to, specified persons in specified ways or on specified conditions. > Note: Failure to comply with a direction is an offence: see subsection (6). (2) If all or part of the hearing is held in private, the Integrity Commissioner must give a direction under subsection (1) if the Commissioner is satisfied that the failure to give such a direction: (a) might prejudice a person’s safety; or (b) would reasonably be expected to prejudice the witness’ fair trial, if the witness has been charged with a related offence or such a charge is imminent; or (c) might lead to the publication of section 149 certified information. (3) The Integrity Commissioner may, in writing, vary or revoke a direction. (3A) However, the direction cannot be varied or revoked if the Integrity Commissioner is satisfied that the variation or revocation: (a) might prejudice a person’s safety; or (b) would reasonably be expected to prejudice the witness’ fair trial, if the witness has been charged with a related offence or such a charge is imminent; or (c) might lead to the publication of section 149 certified information. Disclosure to IGIS officials (3B) Nothing in a direction given by the Integrity Commissioner prevents: (a) a person from disclosing hearing material to an IGIS official; or (b) an IGIS official using hearing material, for the purpose of the IGIS official performing a function, or exercising a power, as an IGIS official; or (c) an IGIS official disclosing hearing material to a person who is not an IGIS official if the hearing material could be disclosed to the person under paragraph (1)(b). (3C) However, if the Commissioner is satisfied that the disclosure or use would be reasonably likely to prejudice the performance of functions, or the exercise of powers, of the Integrity Commissioner, the Integrity Commissioner may direct under subsection (1) that subsection (3B) does not apply. (3D) The Integrity Commissioner must consult the Inspector‑General of Intelligence and Security as soon as practicable after giving a direction under subsection (1) in accordance with subsection (3C). Court certificate in relation to evidence in respect of which a direction has been given (4) If: (a) a person has been charged with an offence before a federal court or a court of a State or Territory; and (b) the court considers that it may be desirable in the interests of justice that particular evidence given at a hearing, in respect of which the Integrity Commissioner has given a direction under subsection (1), be made available to the person or to a legal practitioner representing the person; the court may give to the Integrity Commissioner a certificate to that effect. If the court does so, the Integrity Commissioner must make the evidence available to the court. (5) If: (a) the Integrity Commissioner makes evidence available to a court under subsection (4); and (b) the court, after examining the evidence, is satisfied that the interests of justice so require; the court may make the evidence available to the person charged with the offence concerned or to a legal practitioner representing the person. Offence (6) A person commits an offence if: (a) the person uses or discloses hearing material (whether or not the person is the first to do so); and (b) the use or disclosure contravenes a direction given under subsection (1) about the hearing material; and (c) the use or disclosure is not under subsection (4) or (5) or paragraph 96AB(1)(b). Penalty: Imprisonment for 2 years or 120 penalty units, or both. Direction is not a legislative instrument (7) A direction given to a person under subsection (1) is not a legislative instrument.