64Identifying information not to be disclosed

64 Identifying information not to be disclosed

64 Identifying information not to be disclosed

(1) Information tending to identify a person as the maker of a voluntary public interest disclosure (identifying information) is not to be disclosed by a public official or an agency.

(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 the maker of the voluntary public interest disclosure as a result of the person’s voluntary self-identification as the maker, or

(c) after consulting the person, the public official or agency 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 disclosure, 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 individual disclosing the information, 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 disclosure effectively, or

(i) it is otherwise in the public interest to disclose the identifying information.

Note.

Section 43 provides for an agency’s public interest disclosure policy to include procedures to ensure the agency’s compliance with this section.

(3) To avoid doubt, a person does not voluntarily self-identify as the maker of a voluntary public interest disclosure merely by making the disclosure in confidence.

(4) A provision of 1 of the following Acts prevails over this section to the extent of an inconsistency—

(a) the Independent Commission Against Corruption Act 1988,