26FDisclosure subject to confidentiality notice

26F Disclosure subject to confidentiality notice S. 26F(1) amended by No. 2/2019 s. 77(1). (1) Subject to subsections (2), (2A), (2B), (3), (4) and (5), a person who— (a) is duly served with a confidentiality notice and, if applicable, a copy of any order extending the confidentiality notice; or (b) receives a copy of a confidentiality notice under subsection (6) or (7) and, if applicable, a copy of any order extending the confidentiality notice— must not disclose a restricted matter specified in the confidentiality notice while it has effect. (2) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made in any of the following circumstances— (a) in accordance with a direction or authorisation given by the Ombudsman; (b) to any person where necessary for the purposes of obtaining any information, document or other thing to comply with a witness summons or a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice, including if the person— (i) does not have a sufficient knowledge of the English language to understand the nature of the witness summons or confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice, to an interpreter; (ii) is a person under the age of 18 years, to a parent, guardian or independent person; (iii) is a person who is illiterate or has a mental, physical or other impairment which prevents the person from understanding the witness summons, confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice without assistance, to an independent person; S. 26F(2)(c) amended by No. 2/2019 s. 169. (c) subject to any direction given under section 18M(3), for the purposes of obtaining legal advice or representation in relation to— (i) an enquiry or investigation conducted by the Ombudsman under this Act; or S. 26F(2)(c)(ii) amended by No. 85/2012 s. 168(1), substituted by No. 2/2019 s. 77(2)(a). (ii) the person's rights, liabilities, obligations and privileges under this Act or a relevant Act; S. 26F(2)(d) amended by No. 30/2016 s. 70(5)(b). (d) by a legal practitioner who receives a disclosure in the circumstances specified in paragraph (c), for the purposes of complying with a legal duty of disclosure or a professional obligation arising from their professional relationship with their client; S. 26F(2)(e) substituted by No. 2/2019 s. 77(2)(b). (e) to any of the following persons, unless the Ombudsman directs that the restricted matter must not be disclosed to that person— (i) the spouse or domestic partner of the person served with the confidentiality notice; (ii) the employer or manager of the person served with the confidentiality notice, or both; S. 26F(2)(f) inserted by No. 2/2019 s. 77(2)(b). (f) in any of the following circumstances, unless the Ombudsman directs that the restricted matter must not be disclosed in that circumstance— (i) to any of the following for the purpose of assisting the person to seek advice or support in relation to the investigation in respect of which the confidentiality notice has been issued— (A) a registered health practitioner; S. 26F (2)(f)(i)(B) amended by No. 31/2024 s. 94. (B) a trade union, within the meaning of section 93AB(11) of the Competition and Consumer Act 2010 of the Commonwealth, of which the person is a member; (C) an employee assistance program; (ii) to the Victorian WorkCover Authority for the purpose of a workers' compensation claim; (iii) to a prescribed service for a purpose prescribed for that service; (iv) for the purpose of an application to the Fair Work Commission, including any related proceeding; S. 26F(2)(g) inserted by No. 2/2019 s. 77(2)(b). (g) as is otherwise authorised or required to be made by or under this Act. S. 26F(2A) inserted by No. 2/2019 s. 77(3). (2A) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed to the IBAC if— (a) the IBAC referred the complaint to which the restricted matter relates to the Ombudsman under section 73 of the **Independent Broad-based Anti‑corruption Commission Act 2011**; and (b) the IBAC has withdrawn the referral in accordance with section 79 of that Act. S. 26F(2B) inserted by No. 2/2019 s. 77(3). (2B) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed to Victoria Police if— (a) the Ombudsman has disclosed information to the Chief Commissioner of Police under section 16L relating to actual or potential criminal conduct; and (b) the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct. (3) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made for the purposes of making— (a) a complaint to the IBAC under the **Independent Broad-based Anti-corruption Commission Act 2011**; or S. 26F(3)(b) amended by No. 31/2024 s. 113(Sch. 1 item 24.18). (b) a complaint to Integrity Oversight Victoria under the **Integrity Oversight Victoria Act 2011**. (4) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure is made for the purposes of complying with— (a) a witness summons served on a person by the IBAC under the **Independent Broad‑based Anti-corruption Commission Act 2011**; or S. 26F(4)(b) amended by No. 31/2024 s. 113(Sch. 1 item 24.18). (b) a witness summons served on a person by Integrity Oversight Victoria under the **Integrity Oversight Victoria Act 2011**. S. 26F(5) amended by No. 2/2019 s. 77(4). (5) Despite subsection (1), a restricted matter specified in a confidentiality notice may be disclosed if the disclosure made is of information that has been laid before a House of the Parliament in a report by the Ombudsman, another investigating entity or the Integrity and Oversight Committee or has otherwise been made public in accordance with this or any other Act. (6) A person who makes a disclosure of information permitted by subsection (2) must, when making the disclosure, provide the person to whom the disclosure is made with a copy of the confidentiality notice and of any order extending the confidentiality notice, unless the person has a reasonable excuse for not doing so. (7) If in respect of a particular investigation a person who makes a disclosure of information permitted by subsection (2) receives a new confidentiality notice, a notice cancelling the confidentiality notice or an order extending the confidentiality notice, the person must as soon as reasonably practicable provide a copy of the new confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice to each person to whom the disclosure has been made, unless the person has a reasonable excuse for not doing so. (8) Proceedings may only be instituted for an offence under subsection (1), (6) or (7)— S. 26F(9) inserted by No. 2/2019 s. 77(5). (9) In this section— ***Fair Work Commission*** means the body established under section 575 of the Fair Work Act 2009 of the Commonwealth; ***investigating entity*** has the same meaning as in section 3 of the **Public Interest Disclosures Act 2012**; ***registered health practitioner*** means a person registered under the Health Practitioner National Law to practise a health profession (other than as a student); S. 26F(9) def. of *relevant Act* amended by Nos 9/2020 s. 390(Sch. 1 item 75.2), 31/2024 s. 113(Sch. 1 item 24.19). ***relevant Act*** means— (a) the **Public Interest Disclosures Act 2012**; or (b) the **Independent Broad-based Anti-corruption Commission Act 2011**; or (c) the **Integrity Oversight Victoria Act 2011**; or (d) the Fair Work Act 2009 of the Commonwealth; or (e) the **Local Government Act 2020**; or (f) the **Racing Act 1958**; or (g) the **Freedom of Information Act 1982**; ***Victorian WorkCover Authority*** has the same meaning as in the **Workplace Injury Rehabilitation and Compensation Act 2013**. Note to s. 26F inserted by No. 85/2012 s. 168(2), amended by No. 2/2019 s. 77(6). A person who is served with or receives a confidentiality notice may be subject to further confidentiality obligations under Part 7 of the **Public Interest Disclosures Act 2012**. Pt 5A Div. 3 (Heading and s. 26FA) inserted by No. 85/2012 s. 170, amended by No. 30/2016 s. 70(5)(c), repealed by No. 2/2019 s. 78. Pt 5AB (Heading and ss 26FB, 26FC) inserted by No. 2/2019 s. 170. Part VAB—Information sharing S. 26FB inserted by No. 2/2019 s. 170. 26FB Disclosure of information by the Ombudsman (1) At any time, the Ombudsman may provide or disclose any information received or obtained in the course of the performance of duties and functions or the exercise of powers by the Ombudsman under this Act to a person or body specified in subsection (3) if the Ombudsman considers that— (a) the information is relevant to the performance of the duties and functions or the exercise of the powers of the person or body; and (b) it is appropriate for the information to be brought to the attention of the person or body, having regard to the nature of the information. (2) Despite subsection (1), the Ombudsman must not provide or disclose any information to a person or body if— (a) the person or body, or an employee of the person or body, is the subject of an assessable disclosure; and (b) the information— (i) would be likely to lead to the identification of a person who made the assessable disclosure; and (3) For the purposes of subsection (1), the following persons and bodies are specified— (a) the IBAC; S. 26FB(3)(b) amended by No. 31/2024 s. 113(Sch. 1 item 24.20). (b) Integrity Oversight Victoria; (c) the Auditor-General; S. 26FB(3)(ca) inserted by No. 27/2024 s. 132. (ca) the Parliamentary Workplace Standards and Integrity Commission; (d) Victoria Police; (e) the Director of Public Prosecutions; (f) the Commission for Children and Young People established under section 6 of the **Commission for Children and Young People Act 2012**; S. 26FB(3)(g) amended by Nos 9/2020 s. 390(Sch. 1 item 75.3), 31/2024 s. 95(1)(a). (g) the Chief Municipal Inspector appointed under section 182 of the **Local Government Act 2020**; S. 26FB(3)(h) amended by No. 31/2024 s. 95(1)(b). (h) a Municipal Monitor appointed under section 179 of the **Local Government Act 2020**; (i) the Victorian WorkCover Authority within the meaning of the **Workplace Injury Rehabilitation and Compensation Act 2013**; (j) the Environment Protection Authority established under section 5 of the **Environment Protection Act 1970**; (k) the Racing Integrity Commissioner established under section 37A of the **Racing Act 1958**; S. 26FB(3)(ka) inserted by No. 31/2024 s. 95(2). (ka) a Royal Commission, Board of Inquiry or Formal Review; S. 26FB(3)(kb) inserted by No. 31/2024 s. 95(2). (kb) a body established under a law of the Commonwealth or of another State or of a Territory that is the equivalent of a Royal Commission, Board of Inquiry or Formal Review; S. 26FB(3)(kc) inserted by No. 31/2024 s. 95(2). (kc) a Commission of Inquiry appointed under Division 5 of Part 7 of the **Local Government Act 2020**; (l) the Australian Federal Police constituted under section 6 of the Australian Federal Police Act 1979 of the Commonwealth; (m) the police force or police service (however described) of another State or a Territory; (n) a responsible Minister of the Crown; (o) any authority or its principal officer; (p) a person or body to whom the Ombudsman has referred a complaint under section 16I or 16IA; (q) a prescribed person or body. (4) Subsection (1) applies subject to any restriction on the provision or disclosure of information under this Act or any other Act (including any Commonwealth Act). (5) If— (a) a House of the Parliament has by resolution referred a report made by the Ombudsman to a Parliamentary Committee of that House to determine whether there has been a breach of parliamentary privilege or contempt of Parliament; and (b) the Parliamentary Committee requests the Ombudsman to provide or disclose any information received or obtained in the course of preparing the report which the Parliamentary Committee considers may be necessary to determine whether there has been a breach of parliamentary privilege or contempt of Parliament— the Ombudsman may at the Ombudsman's discretion comply with the request. (6) The Ombudsman must not provide or disclose information under subsection (5) that is likely to lead to the identification of a person who has made an assessable disclosure. S. 26FB(7) inserted by No. 31/2024 s. 95(3). (7) In this section— ***Board of Inquiry*** has the same meaning as it has in the **Inquiries Act 2014**; ***Formal Review*** has the same meaning as it has in the **Inquiries Act 2014**; ***Royal Commission*** means— (a) a Royal Commission established under the **Inquiries Act 2014**; or (b) a Royal Commission established under the prerogative of the Crown. S. 26FC inserted by No. 2/2019 s. 170. 26FC Disclosure of information for specified purposes (1) Subject to subsection (4), the Ombudsman may provide or disclose information received or obtained in the course of the performance of duties and functions or the exercise of powers under this Act to the public if the information relates to the commencement or progress of an own motion investigation or an own motion enquiry or review under Part IIIAB and the Ombudsman is satisfied that the information does not include any information that— (a) is likely to lead to the identification of any person; or (b) is adverse to an authority, unless the information is already in the public domain or the authority has consented to the information being provided or disclosed. (2) Subject to subsection (4), the Ombudsman may provide or disclose information received or obtained in the course of the performance of duties and functions or the exercise of powers under this Act to a person, body or authority that the Ombudsman considers appropriate if the Ombudsman considers that the provision or disclosure of the information is necessary to prevent or lessen the risk of harm to a person's health, safety or welfare. (3) Subject to subsection (4), the Ombudsman may provide or disclose information received or obtained in the course of the performance of duties and functions or the exercise of powers under this Act to an authority if the Ombudsman— (a) considers that the provision or disclosure of the information is necessary to assist the authority to improve its complaint handling or administrative practices or procedures; and (b) is satisfied that the information does not include any information that is likely to lead to the identification of any person unless that person has provided consent or the identification is otherwise authorised under the **Privacy and Data Protection Act 2014**. (4) The Ombudsman must not provide or disclose any information under this section that includes— S. 26FC(4)(a) amended by No. 31/2024 s. 113(Sch. 1 item 24.21). (a) any information that the Ombudsman considers would prejudice any criminal proceedings or criminal investigations, or investigations by the Ombudsman, the IBAC or Integrity Oversight Victoria; or (c) a finding or an opinion that a specified person is guilty of or has committed, is committing or is about to commit an offence; or (d) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for an offence; or (e) any information that— (i) is likely to lead to the identification of a person who has made an assessable disclosure; and (5) The operation of this section is not limited by sections 26FB and 26A. Pt 5B (Heading and ss 26G–26I) inserted by No. 82/2012 s. 245. Part VB—Oversight of the Ombudsman S. 26G (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 24.22). S. 26G inserted by No. 82/2012 s. 245, amended by No. 31/2024 s. 113(Sch. 1 item 24.23).