OMBUDSMAN ACT 1976 - SECT 35C Disclosure of NACC information

OMBUDSMAN ACT 1976 - SECT 35C

  (1)   If the Attorney - General gives the Ombudsman a certificate certifying that the disclosure of certain NACC information by one or more listed disclosure methods specified in the certificate would be contrary to the public interest by reason that it would prejudice:

  (a)   the safety of a person; or

  (b)   the fair trial of a person who has been, or may be, charged with an offence; or

  (c)   the proper performance of the functions of the National Anti - Corruption Commissioner or the Inspector; or

  (d)   the operations of a law enforcement agency;

the Ombudsman must not so disclose the NACC information, except to the Inspector - General of Intelligence and Security in accordance with section   35AB.

  (2)   In this section:

"Inspector" means the Inspector within the meaning of the National Anti - Corruption Commission Act 2022 .

"listed disclosure method" , in relation to information, a document or a record, means:

  (a)   including the information or the contents of the document or record in any report under Division   2 of Part   II; or

  (b)   giving the information, document or record to another person or authority under section   6 or 6A; or

  (c)   giving the information, document or record to an Ombudsman of a State; or

  (d)   giving the information, document or record to an authority with which the Ombudsman has made an arrangement under section   8B; or

  (e)   disclosing, or making a statement that discloses, the information or the contents of the document or record under subsection   35A(1); or

  (f)   disclosing information or the contents of a document or record by any other specified method.

"NACC information" means information or the contents of a document that is, or was, in the possession or under the control of the National Anti - Corruption Commissioner or the Inspector.