NSWIn ForceAct
Ombudsman Act 1974
19CDisclosures prejudicing investigations
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#### 19C Disclosures prejudicing investigations
19C Disclosures prejudicing investigations
> > (1) A person who is—
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> > > (a) required under section 18 to produce a statement of information or to attend and produce a document or other thing, or
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> > > (b) by a summons under section 19 required to give evidence or to produce a document or other thing,
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> > must not disclose any information about the requirement or summons that is likely to prejudice the investigation to which it relates.
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> > Maximum penalty—50 penalty units or imprisonment for 12 months, or both.
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> > (2) Subsection (1) does not apply to a requirement or summons unless it specifies that information about the requirement or summons must not be disclosed.
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> > (3) A person does not contravene this section if—
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> > > (a) the disclosure is made to an employee, agent or other person in order to obtain information to comply with the requirement or summons and the employee, agent or other person is directed not to inform the person to whom the information relates about the matter, or
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> > > (b) the disclosure is made to obtain legal advice or representation in relation to the requirement or summons, or
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> > > (c) the disclosure is made for the purposes of, or in the course of, legal proceedings, or
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> > > (c1) the disclosure is made to a medical practitioner or psychologist in relation to the provision by that health practitioner of medical or psychiatric care, treatment or counselling (including but not limited to psychological counselling) to a person required to give evidence by a summons under section 19, or
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> > > (d) the disclosure is made in accordance with guidelines issued by the Ombudsman or in accordance with the regulations.
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> > (4) A reference in this section to the disclosure of any information about a requirement or summons includes a reference to—
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> > > (a) a disclosure about the existence or nature of the requirement or summons or of the investigation to which it relates, and
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> > > (b) a disclosure of any information to a person from which the person could reasonably be expected to infer the existence or nature of the requirement or summons or of the investigation to which it relates.
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> **s 19C:** Ins 2012 No 100, Sch 1 \[2\]. Am 2013 No 35, Sch 3 \[2\] \[3\]; 2016 No 61, Sch 7.3 \[3\]; 2022 No 14, Sch 5\[3\].