NSWIn ForceAct
Ombudsman Act 1974
31ZIdentifying information not to be disclosed
Start here
Get a plain-English read of 31Z
Turn the raw legal text into a practical explanation grounded in Ombudsman Act 1974.
#### 31Z Identifying information not to be disclosed
31Z Identifying information not to be disclosed
> > (1) Information tending to identify a person as a protected person (identifying information) is not to be disclosed by the Ombudsman or a public authority.
>
> > (2) However, subsection (1) does not prevent the disclosure of the identifying information if—
> >
> > > (a) the person consents in writing to the disclosure of the identifying information, or
> >
> > > (b) it is generally known the person is a protected person as a result of the person’s voluntary self-identification as a protected person, or
> >
> > > (c) after consulting the person, the Ombudsman or public authority reasonably considers it necessary to disclose the identifying information to protect a person from detriment, or
> >
> > > (d) it is necessary the identifying information be disclosed to a person whose interests are affected by the relevant protected action, or
> >
> > > (e) the identifying information has previously been lawfully published, or
> >
> > > (f) the identifying information is disclosed to a medical practitioner or psychologist for the purposes of the practitioner or psychologist providing medical or psychiatric care, treatment or counselling to the individual disclosing the information, or
> >
> > > (g) the identifying information is disclosed for the purposes of proceedings before a court or tribunal, or
> >
> > > (h) the disclosure of the identifying information is necessary to effectively investigate or deal with a complaint or disclosure of information under this Act, or
> >
> > > (i) the protected person took the relevant protected action to comply with or perform a protected obligation, or
> >
> > > (j) it is otherwise in the public interest to disclose the identifying information.
>
> > (3) To avoid doubt, a person does not voluntarily self-identify as a protected person merely by taking the relevant protected action in confidence.
>
> > (4) Other provisions of this Act that require, authorise, restrict or prohibit the disclosure of information prevail over this section to the extent of an inconsistency.
>
> **s 31Z:** Ins 2022 No 14, Sch 5\[9\].