25Disclosure of information by Tasmanian national preventive mechanism

25 Disclosure of information by Tasmanian national preventive mechanism

(1)  Except as provided in subsections (2) and (3) , a person who is, or has been, a Tasmanian national preventive mechanism, a delegate of a Tasmanian national preventive mechanism or staff of a Tasmanian national preventive mechanism must not, either directly or indirectly, make a record of, or disclose, any information that was –

(a) acquired in his or her official capacity; and

(b) disclosed or obtained under this Act.

Penalty:  Fine not exceeding 20 penalty units.

(2)  Subsection (1) does not prevent a Tasmanian national preventive mechanism or a member of his or her staff making a record of or disclosing information if the making of the record or the disclosure –

(a) is reasonably required for the proper exercise of the functions of the Tasmanian national preventive mechanism; or

(b) is done with the consent –

(i) in the case of information given by an officer of a place of detention or of a department which provides a service at a place of detention – of the responsible Secretary or a responsible Minister; or

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

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

(3)  Subsection (1) does not prevent a Tasmanian national preventive mechanism from disclosing information –

(a) to a relevant authority; or

(b) to a responsible Minister; or

(c) to the Auditor-General or the Deputy Auditor-General appointed under the Audit Act 2008 ; or

(d) to the Ombudsman and the Deputy Ombudsman appointed under the Ombudsman Act 1978 ; or