185Disclosure of restricted matter prohibited

185 Disclosure of restricted matter prohibited

(1) A person must not disclose a restricted matter.

Note to s. 185(1) amended by No. 2/2019 s. 87(1).

See also Part 7 of the Public Interest Disclosures Act 2012 which imposes additional obligations in relation to confidentiality.

(2) Subsection (1) does not apply to the disclosure of a restricted matter—

(a) by the person in accordance with an authorisation under section 186; or

S. 185(2)(ab) inserted by No. 2/2019 s. 87(2)(a).

(ab) to the Chief Commissioner of Police by the person who has made a disclosure to which the restricted matter relates where the disclosure is made for the purposes of an investigation by the Chief Commissioner of Police of the disclosure as a public interest complaint; or

(b) for the purpose of obtaining legal advice or representation in relation to—

(i) a direction given to the person under section 176; or

(ii) an investigation request made to the person; or

S. 185(2)(b)(iii) substituted by No. 2/2019 s. 87(2)(b).

(iii) the person's rights, liabilities, obligations and privileges under this Part or a relevant Act; or

(c) by an Australian legal practitioner to whom a restricted matter has been disclosed in the circumstances specified in paragraph (b), for the purpose of complying with a legal duty of disclosure or a professional obligation arising from his or her professional relationship with his or her client; or

S. 185(2)(ca) inserted by No. 3/2019 s. 36.

(ca) for the purpose of, or in the course of, a restorative engagement process, with the written consent of the person participating in the process who alleges that they are the victim of sex discrimination or sexual harassment; or

S. 185(2)(d) substituted by No. 2/2019 s. 87(2)(c).

(d) by the person to the person's spouse or domestic partner; or

S. 185(2)(e) substituted by No. 2/2019 s. 87(2)(c).

(e) by the person to the person's employer or manager; or

(f) to the IBAC for the purpose of making a complaint under the Independent Broad-based Anti-corruption Commission Act 2011 about the conduct of a member of Victoria Police personnel in the course of the person's performance of duties or functions or exercise of powers under this Part or an applicable law; or

(g) to an interpreter, for the purpose of enabling a person who does not have a sufficient knowledge of the English language to comply with this Part; or

(h) to a parent or guardian of a person or to an independent person, for the purpose of enabling a person who is under the age of 18 years to comply with this Part; or