New South Wales Consolidated Acts

ROYAL COMMISSION (POLICE SERVICE) ACT 1994 - SECT 28

28 Disclosures prejudicing inquiry

(s 114 ICAC Act)

(1) A person who is required by a notice under section 6 or 7 to produce a statement of information or to attend and produce a document or other thing, or by a summons to attend the Commission and give evidence or produce a document or other thing, must not disclose any information about the notice or summons that is likely to prejudice the Commission’s inquiry or any part or aspect of the Commission’s inquiry to which it relates.

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

(2) Subsection (1) does not apply to a notice or summons unless it specifies that information about the notice or summons must not be disclosed.

(3) A person does not contravene this section if:

(a) the disclosure is made to an employee, agent or other person in order to obtain information to comply with the notice or summons and the employee, agent or other person is directed not to inform the person to whom the information relates about the matter, or

(b) the disclosure is made to obtain legal advice or representation in relation to the notice or summons, or

(c) the disclosure is made for the purposes of, or in the course of, legal proceedings.

(4) A reference in this section to the disclosure of any information about a notice or summons includes a reference to:

(a) a disclosure about the existence or nature of the notice or summons or of the part or aspect of the Commission’s inquiry to which it relates, and

(b) a disclosure of any information to a person from which the person could reasonably be expected to infer the existence or nature of the notice or summons or of the part or aspect of the Commission’s inquiry to which it relates.