26Commissioner and members not to be required to disclose information

#### 26 Commissioner and members not to be required to disclose information (1) Subject to subsection (3), the Commissioner, a Deputy Commissioner, an AFP employee or a special member of the Australian Federal Police is not to be required: (a) to produce in a court, or before a tribunal, a Royal Commission of the Commonwealth, a State or a Territory or any other commission of inquiry, any document that has come into the custody or control of the person in the course of, or because of, the performance of functions or duties, or the exercise of powers, under this Act; or (b) to divulge or communicate to or before such a body any matter or thing that has come to the notice of the person in the performance of functions or duties, or the exercise of powers, under this Act; or (c) to divulge or communicate to or before such a body information, if: (i) the information is about the identity of, or disclosure of the information is such as to reveal the identity of, an AFP employee or special member of the Australian Federal Police who is involved in the operation of the NWPP; and (ii) the person has the information as a result of the performance of functions or duties, or the exercise of powers, under this Act; except where it is necessary to do so for the purpose of carrying the provisions of this Act into effect. (2) Subject to subsection (3), the Commonwealth Ombudsman or a member of the staff of the Commonwealth Ombudsman is not to be required: (a) to produce in a court, or before a tribunal, a Royal Commission of the Commonwealth, a State or a Territory or any other commission of inquiry, any document that has come into the custody or control of the person in relation to this Act; or (b) to divulge or communicate to or before such a body any matter or thing that has come to the notice of the person in relation to this Act; or (c) to divulge or communicate to or before such a body information, if: (i) the information is about the identity of, or disclosure of the information is such as to reveal the identity of, an AFP employee or special member of the Australian Federal Police who is involved in the operation of the NWPP; and (ii) the person has the information as a result of the performance of functions or duties, or the exercise of powers, in relation to this Act; except where it is necessary to do so for the purpose of carrying the provisions of this Act into effect. (3) If it is essential to the determination of legal proceedings under or in relation to a law of the Commonwealth, a State or a Territory that the judge or magistrate presiding over the proceedings be advised of a participant’s location and circumstances, a person referred to in subsection (1) or (2) is to disclose the relevant information to the judge or magistrate in chambers, but the person must not disclose the information if any person other than the judge or magistrate and the person is present. (4) The judge or magistrate must not disclose any information disclosed to the judge or magistrate under subsection (3) otherwise than in accordance with this Act. (5) Subsection (1) does not apply to information about a financial support arrangement for a participant if the information is provided in a way that cannot identify the location, or prejudice the safety, of the participant.