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](/view/html/inforce/current/act-1988-035), > > > > > (b) the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), > > > > > (c) the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061). > > > (5) This section applies in addition to, and does not derogate from, a restriction or prohibition on the disclosure of information imposed by— > > > > > (a) another Act or law, or > > > > > (b) an order of a court or tribunal. > > > > Note. > > > > However, section 83 authorises an agency to provide information relating to a public interest disclosure to another agency if doing so is reasonably necessary for the exercise of either agency’s functions under this Act. Section 83 prevails to the extent of an inconsistency with another Act or law. > > > (6) In this section— > > > > counselling includes psychological counselling. > > > > medical practitioner has the same meaning as in the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a). > > > > psychologist has the same meaning as in the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a).