52Content of assessable disclosure must not be disclosed

52 Content of assessable disclosure must not be disclosed

(1) This section applies to a person or body—

(a) to whom an assessable disclosure has been made; or

(b) who receives an assessable disclosure in the performance of duties or functions under this Act; or

S. 52(1)(c) substituted by No. 2/2019 s. 30(1), amended by No. 31/2024 s. 113(Sch. 1 item 28.30).

(c) to whom the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee provides information about the content of an assessable disclosure to determine whether the disclosure is a public interest complaint; or

(d) to whom an assessable disclosure, or information about the content of an assessable disclosure, is disclosed in any of the circumstances referred to in subsection (3)(a); or

(e) to whom an assessable disclosure, or information about the content of an assessable disclosure, has been disclosed in contravention of subsection (2).

(2) The person or body must not disclose the content, or information about the content, of an assessable disclosure.

Penalty: In the case of a natural person, 120 penalty units or 12 months imprisonment or both.

In the case of a body corporate, 600 penalty units.

(3) Subsection (2) does not apply if—

(a) the person or body discloses the content, or information about the content, of the assessable disclosure—

(i) in accordance with section 54; or

(ii) in accordance with a direction or authorisation given by the investigating entity that is investigating the disclosure; or

(iii) to the extent necessary for the purpose of taking lawful action in relation to the conduct that is the subject of the assessable disclosure including a disciplinary process or action; or

S. 52(3)(b) substituted by No. 2/2019 s. 30(2)(a), amended by No. 31/2024 s. 113(Sch. 1 item 28.30).

(b) the IBAC, Integrity Oversight Victoria or the Integrity and Oversight Committee has determined that the assessable disclosure is not a public interest complaint and the person or body discloses the content, or information about the content, of the assessable disclosure after that determination; or

S. 52(3)(c) amended by No. 2/2019 s. 30(2)(b).

(c) an investigating entity has—

(i) published in a report to Parliament under this or any other Act, or otherwise made public, the content, or information about the content, of the assessable disclosure; and

(ii) in doing so, acted consistently with the obligations relating to confidentiality that apply to the investigating entity under this Act—

and the person or body discloses the content, or information about the content, of the assessable disclosure after that publication; or