sec.5AA.14Secrecy

### sec.5AA.14 Secrecy This section applies to a person who— is, or has been— a person engaged by the service; or a selection panel member; and in that capacity acquired relevant information about someone else. The person must not disclose the information to anyone else. Maximum penalty—100 penalty units or 2 years imprisonment. Subsection (2) does not apply to the disclosure of information about a person, if— the disclosure— is to a police officer, a public service employee in the service, or a selection panel member, for the purpose of assessing the person’s suitability to be, or continue to be, engaged by the service; or is with the person’s consent; or is of information that is relevant to an existing investigation of an offence; or is for a proceeding started because of an investigation mentioned in subparagraph (iii) ; or is information the person may disclose to a person who is entitled to ask for it under another Act; or Public Sector Act 2022 , section 97 the information discloses evidence of the commission or suspected commission of an offence and an investigation is started or facilitated because of the information. Also, a person involved in any way in anything done under this part can not be compelled to produce to a court any document kept, or to disclose to a court any information obtained, because of the doing of the thing. Other than to the extent the Police Powers and Responsibilities Act 2000 , section 803 applies to the document or information, subsection (4) does not affect the operation of the Judicial Review Act 1991 . In this section— disclose , in relation to information about a person, includes give access to information about a person. selection panel member means a member of a panel formed to make a recommendation to the commissioner about a person’s engagement by the service. s 5AA.14 ins 2003 No. 92 s 32 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2009 No. 25 s 38 ; 2014 No. 12 s 77 sch 1 ; 2022 No. 34 s 365 sch 3 (sec.5AA.14-ssec.1) This section applies to a person who— is, or has been— a person engaged by the service; or a selection panel member; and in that capacity acquired relevant information about someone else. (sec.5AA.14-ssec.2) The person must not disclose the information to anyone else. Maximum penalty—100 penalty units or 2 years imprisonment. (sec.5AA.14-ssec.3) Subsection (2) does not apply to the disclosure of information about a person, if— the disclosure— is to a police officer, a public service employee in the service, or a selection panel member, for the purpose of assessing the person’s suitability to be, or continue to be, engaged by the service; or is with the person’s consent; or is of information that is relevant to an existing investigation of an offence; or is for a proceeding started because of an investigation mentioned in subparagraph (iii) ; or is information the person may disclose to a person who is entitled to ask for it under another Act; or Public Sector Act 2022 , section 97 the information discloses evidence of the commission or suspected commission of an offence and an investigation is started or facilitated because of the information. (sec.5AA.14-ssec.4) Also, a person involved in any way in anything done under this part can not be compelled to produce to a court any document kept, or to disclose to a court any information obtained, because of the doing of the thing. (sec.5AA.14-ssec.5) Other than to the extent the Police Powers and Responsibilities Act 2000 , section 803 applies to the document or information, subsection (4) does not affect the operation of the Judicial Review Act 1991 . (sec.5AA.14-ssec.6) In this section— disclose , in relation to information about a person, includes give access to information about a person. selection panel member means a member of a panel formed to make a recommendation to the commissioner about a person’s engagement by the service. - (a) is, or has been— (i) a person engaged by the service; or (ii) a selection panel member; and - (i) a person engaged by the service; or - (ii) a selection panel member; and - (b) in that capacity acquired relevant information about someone else. - (i) a person engaged by the service; or - (ii) a selection panel member; and - (a) the disclosure— (i) is to a police officer, a public service employee in the service, or a selection panel member, for the purpose of assessing the person’s suitability to be, or continue to be, engaged by the service; or (ii) is with the person’s consent; or (iii) is of information that is relevant to an existing investigation of an offence; or (iv) is for a proceeding started because of an investigation mentioned in subparagraph (iii) ; or (v) is information the person may disclose to a person who is entitled to ask for it under another Act; or Example for subparagraph (v) — Public Sector Act 2022 , section 97 - (i) is to a police officer, a public service employee in the service, or a selection panel member, for the purpose of assessing the person’s suitability to be, or continue to be, engaged by the service; or - (ii) is with the person’s consent; or - (iii) is of information that is relevant to an existing investigation of an offence; or - (iv) is for a proceeding started because of an investigation mentioned in subparagraph (iii) ; or - (v) is information the person may disclose to a person who is entitled to ask for it under another Act; or Example for subparagraph (v) — Public Sector Act 2022 , section 97 - (b) the information discloses evidence of the commission or suspected commission of an offence and an investigation is started or facilitated because of the information. - (i) is to a police officer, a public service employee in the service, or a selection panel member, for the purpose of assessing the person’s suitability to be, or continue to be, engaged by the service; or - (ii) is with the person’s consent; or - (iii) is of information that is relevant to an existing investigation of an offence; or - (iv) is for a proceeding started because of an investigation mentioned in subparagraph (iii) ; or - (v) is information the person may disclose to a person who is entitled to ask for it under another Act; or Example for subparagraph (v) — Public Sector Act 2022 , section 97