120Confidentiality of information

120 Confidentiality of information (1) This section applies to a person who obtains information in the course of or for: (a) the making of preliminary inquiries; or (b) the conduct of conciliation or mediation of a complaint; or (c) the conduct of the police complaints resolution process; or (d) the conduct of an investigation. (2) The person must not disclose the information to anyone else. Fault element: Recklessness as to the disclosure of the (3) Subsection (2) does not apply if: (a) the information is disclosed for: (i) the exercise of a power or performance of a function under this Act; or (ii) formulating a report, or recommendations for a report, under this Act; or (b) the information is disclosed in: (i) a report under this Act; or (ii) an agreement for the resolution of a complaint that, under section 44(5), is binding on the parties to the (c) the information is disclosed for: (i) a proceeding under section 20; or (ii) a proceeding for an offence against this Act; or (iii) a proceeding for another offence, or breach of discipline, constituted by the action or conduct the subject of a

Ombudsman Act 2009 54 (d) the information is disclosed to the Ombudsman of the Commonwealth or a State for exercising a power or performing a function: (i) under a law of the Territory, the Commonwealth or a State; or (ii) under an arrangement made under section 148; or (e) the information is disclosed in consulting a legal practitioner or, with the Ombudsman's consent, someone else. (4) The person must not make improper use of the information. Fault element: Intentionally making improper use of the (5) In this section: improper use, by a person of information, means the person uses the information to gain some private benefit or to benefit or cause harm to someone else.