NSWIn ForceAct
Ombudsman Act 1974
19ARestriction on publication of evidence
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#### 19A Restriction on publication of evidence
19A Restriction on publication of evidence
> > (1) Direction regarding publication The Ombudsman may direct that—
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> > > (a) any evidence given before an inquiry held by the Ombudsman, or
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> > > (b) the contents of any document, or a description of any thing, produced to the Ombudsman, or
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> > > (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
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> > > (d) the fact that any person has given or may be about to give evidence before an inquiry,
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> > must not be published, or must not be published except in such manner, and to such persons, as the Ombudsman specifies.
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> > (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.
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> > (3) Offence A person must not make a publication in contravention of a direction given under this section.
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> > Maximum penalty—50 penalty units or imprisonment for 12 months, or both.
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> > (3A) It is not a contravention of a direction given under this section to provide information or evidence—
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> > > (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
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> > > (b) to an Australian legal practitioner to obtain legal advice or representation in relation to an inquiry or an investigation relating to an inquiry.
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> > (4) Definition In this section and sections 19B and 19C, inquiry means an inquiry held under section 19.
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> **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\[9\].