sec.92Secrecy

### sec.92 Secrecy An officer of the ombudsman, an officer of an agency, or another person who obtains information in a preliminary inquiry or an investigation or the performance of another function of the ombudsman under this Act must not— disclose the information other than as a part of— the performance of the function; or formulating a report about the performance of the function; or formulating a recommendation arising out of the performance of the function; or proceedings for an offence under this Act alleged to have been committed in the performance of the function; or if the information does not disclose the identity of a person, or information from which a person’s identity could be deduced— providing information or other help to an agency for the improvement of its administrative practices and procedures; or undertaking research relevant to a function of the ombudsman under this Act; or use the information to benefit any person. Maximum penalty—100 penalty units. Subsection (1) does not apply to the disclosure of information under section 91A . In this section— officer of the ombudsman includes the ombudsman. s 92 amd 2008 No. 59 s 93 ; 2018 No. 29 s 78 (sec.92-ssec.1) An officer of the ombudsman, an officer of an agency, or another person who obtains information in a preliminary inquiry or an investigation or the performance of another function of the ombudsman under this Act must not— disclose the information other than as a part of— the performance of the function; or formulating a report about the performance of the function; or formulating a recommendation arising out of the performance of the function; or proceedings for an offence under this Act alleged to have been committed in the performance of the function; or if the information does not disclose the identity of a person, or information from which a person’s identity could be deduced— providing information or other help to an agency for the improvement of its administrative practices and procedures; or undertaking research relevant to a function of the ombudsman under this Act; or use the information to benefit any person. Maximum penalty—100 penalty units. (sec.92-ssec.2) Subsection (1) does not apply to the disclosure of information under section 91A . (sec.92-ssec.3) In this section— officer of the ombudsman includes the ombudsman. - (a) disclose the information other than as a part of— (i) the performance of the function; or (ii) formulating a report about the performance of the function; or (iii) formulating a recommendation arising out of the performance of the function; or (iv) proceedings for an offence under this Act alleged to have been committed in the performance of the function; or (v) if the information does not disclose the identity of a person, or information from which a person’s identity could be deduced— (A) providing information or other help to an agency for the improvement of its administrative practices and procedures; or (B) undertaking research relevant to a function of the ombudsman under this Act; or - (i) the performance of the function; or - (ii) formulating a report about the performance of the function; or - (iii) formulating a recommendation arising out of the performance of the function; or - (iv) proceedings for an offence under this Act alleged to have been committed in the performance of the function; or - (v) if the information does not disclose the identity of a person, or information from which a person’s identity could be deduced— (A) providing information or other help to an agency for the improvement of its administrative practices and procedures; or (B) undertaking research relevant to a function of the ombudsman under this Act; or - (A) providing information or other help to an agency for the improvement of its administrative practices and procedures; or - (B) undertaking research relevant to a function of the ombudsman under this Act; or - (b) use the information to benefit any person. - (i) the performance of the function; or - (ii) formulating a report about the performance of the function; or - (iii) formulating a recommendation arising out of the performance of the function; or - (iv) proceedings for an offence under this Act alleged to have been committed in the performance of the function; or - (v) if the information does not disclose the identity of a person, or information from which a person’s identity could be deduced— (A) providing information or other help to an agency for the improvement of its administrative practices and procedures; or (B) undertaking research relevant to a function of the ombudsman under this Act; or - (A) providing information or other help to an agency for the improvement of its administrative practices and procedures; or - (B) undertaking research relevant to a function of the ombudsman under this Act; or - (A) providing information or other help to an agency for the improvement of its administrative practices and procedures; or - (B) undertaking research relevant to a function of the ombudsman under this Act; or