169AIdentity of complainant not to be disclosed

#### 169A Identity of complainant not to be disclosed 169A Identity of complainant not to be disclosed > > (1) Information tending to identify a person as a complainant (identifying information) is not to be disclosed by a member of the NSW Police Force. > > > (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 complainant as a result of the person’s voluntary self-identification as a complainant, or > > > > > (c) after consulting the person, the member of the NSW Police Force 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 complaint, 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 member of the NSW Police Force, 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 deal with the complaint effectively, or > > > > > (i) it is otherwise in the public interest to disclose the identifying information, or > > > > > (j) the identifying information is disclosed in accordance with a requirement of or made under this or another Act, or > > > > > (k) the identifying information is disclosed in accordance with guidelines established by the Commissioner for the purposes of this section. > > > (3) To avoid doubt, a person does not voluntarily self-identify as a complainant merely by making the complaint in confidence. > > > (4) In this section— > > > > counselling includes psychological counselling. > > > > detriment has the same meaning as in the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014). > > **s 169A:** Ins 2001 No 79, Sch 1 \[4\]. Subst 2022 No 14, Sch 7.1\[3\].