16Confidentiality of information obtained under warrant

16 Confidentiality of information obtained under warrant

(1)  Except as otherwise allowed by this Act, the Ombudsman or an officer of the Ombudsman must not record or disclose information that –

(a) was obtained by anyone under a warrant; and

(b) came to the Ombudsman's or officer's knowledge during or as the result of an inspection.

Penalty:  Fine not exceeding 100 penalty units or a term of imprisonment not exceeding 12 months, or both.

(2)  Subsection (1) does not –

(a) prevent the Ombudsman or an officer of the Ombudsman from disclosing in a report under this Part any matter for the purpose of stating the grounds for the conclusions and recommendations in the report; or

(b) otherwise prevent the Ombudsman or an officer of the Ombudsman from recording or disclosing information for the discharge of functions under this Act.

(3)  A person is not compellable in any proceeding to disclose information that –

(a) was obtained by anyone under a warrant; and

(b) came to that person's knowledge because the person is or was engaged in the administration of this Act.

(4)  If information was obtained by anyone under a warrant and that information came to a person's knowledge both –

(a) because the person is or was the Ombudsman or an officer of the Ombudsman; and

(b) because the person is or was engaged in the administration of another Act –

subsections (1) and (3) apply despite any provisions of that other Act that may allow the person to record, disclose or be compelled in a proceeding to disclose the information and those provisions of that other Act do not apply in respect of that information.