26Secrecy, &c.

26 Secrecy, &c.

(1)  [Section 26 Subsection (1) amended by No. 33 of 2005, s. 16, Applied:11 Jul 2005] *[Section 26 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]*Subject to this section, a person who is or has been Ombudsman, an officer of the Ombudsman or a conciliator shall not, either directly or indirectly, make a record of, or disclose to any person, any information acquired by him in his official capacity, being information that was disclosed or obtained under the provisions of this Act.

Penalty:  Fine not exceeding 20 penalty units.

(2)  Except as provided in subsection (3) , subsection (1) does not prevent the making of a record or the disclosure of information where the making of the record or the disclosure –

(a) was reasonably required for the proper discharge of the functions of the Ombudsman; or

(b) was done with the approval –

(i) in the case of information given by an officer of a public authority, of the principal officer or responsible Minister;

(ii) in the case of information given by a member of a public authority, of the governing body of the authority or responsible Minister; or

(iii) in any other case, of the person by whom the information was given (but only if that person is entitled or authorized to give the information).

(3)  Except as provided in subsection (4) , subsection (1) does not prevent the Ombudsman from giving information relating to a matter arising wholly or partly under the law of another Commonwealth jurisdiction to a person exercising in that jurisdiction functions similar to those performed by the Ombudsman under this Act.

(3A)  [Section 26 Subsection (3A) inserted by No. 55 of 2011, s. 26, Applied:22 Dec 2011] Subsection (1) does not prevent the disclosure of information to the Integrity Commission if the information is relevant to the performance or exercise by the Integrity Commission of its functions or powers.

(3B)  does not prevent the disclosure of information to the Custodial Inspector if the information is relevant to the performance or exercise by the Custodial Inspector of his or her functions or powers.