19ARestriction on publication of evidence

19A Restriction on publication of evidence

19A Restriction on publication of evidence

(1) Direction regarding publication The Ombudsman may direct that—

(a) any evidence given before an inquiry held by the Ombudsman, or

(b) the contents of any document, or a description of any thing, produced to the Ombudsman, or

(c) any information that might enable a person who has given or may be about to give evidence before an inquiry to be identified or located, or

(d) the fact that any person has given or may be about to give evidence before an inquiry,

must not be published, or must not be published except in such manner, and to such persons, as the Ombudsman specifies.

(2) Public interest The Ombudsman is not to give a direction under this section unless satisfied that the direction is necessary or desirable in the public interest.

(3) Offence A person must not make a publication in contravention of a direction given under this section.

Maximum penalty—50 penalty units or imprisonment for 12 months, or both.

(3A) It is not a contravention of a direction given under this section to provide information or evidence—

(a) to a medical practitioner or psychologist for the purposes of providing medical or psychiatric care, treatment or counselling, including psychological counselling, to a person who has given or may give evidence before an inquiry, or

(b) to an Australian legal practitioner to obtain legal advice or representation in relation to an inquiry or an investigation relating to an inquiry.

(4) Definition In this section and sections 19B and 19C, inquiry means an inquiry held under section 19.

s 19A: Ins 2012 No 100, Sch 1 [2]. Am 2016 No 61, Sch 7.3 [1]; 2022 No 14, Sch 5[3]; 2022 No 39, Sch 1[9].