Legislation Review Act 1987
12Confidentiality
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12 Confidentiality
12 Confidentiality
(1) Where, in the opinion of the Committee, any evidence proposed to be given before, or the whole or a part of a document produced or proposed to be produced in evidence to, the Committee relates to a secret or confidential matter, the Committee may, and at the request of the witness giving the evidence or producing the document shall:
(a) take the evidence in private, or
(b) direct that the document, or the part of the document, be treated as confidential.
(2) Where a direction under subsection (1) applies to a document or part of a document produced in evidence to the Committee, the contents of the document or part shall, for the purposes of this section, be deemed to be evidence given by the person producing the document and taken by the Committee in private.
(3) Where, at the request of a witness, evidence is taken by the Committee in private:
(a) the Committee shall not, without the consent in writing of the witness, and
(b) a person (including a member of the Committee) shall not, without the consent in writing of the witness and the authority of the Committee under subsection (5),
disclose or publish the whole or a part of that evidence.
Penalty: 20 penalty units or imprisonment for 3 months.
(4) Where evidence is taken by the Committee in private otherwise than at the request of a witness, a person (including a member of the Committee) shall not, without the authority of the Committee under subsection (5), disclose or publish the whole or a part of that evidence.
Penalty: 20 penalty units or imprisonment for 3 months.
(5) The Committee may, in its discretion, disclose or publish or, by writing under the hand of the Chair, authorise the disclosure or publication of evidence taken in private by the Committee, but this subsection does not operate so as to affect the necessity for the consent of a witness under subsection (3).
(6) Nothing in this section prohibits:
(a) the disclosure or publication of evidence that has already been lawfully published, or
(b) the disclosure or publication by a person of a matter of which the person has become aware other than by reason, directly or indirectly, of the giving of evidence before the Committee.