OMBUDSMAN ACT 2009 (NO 5 OF 2009) - SECT 120 Confidentiality of information
OMBUDSMAN ACT 2009 (NO 5 OF 2009) - SECT 120
Confidentiality of information(1) This section applies to a person who obtains information in the course of or for:
(a) the making of preliminary inquiries; or
(b) the conduct of conciliation or mediation of a complaint; or
(c) the conduct of the police complaints resolution process; or
(d) the conduct of an investigation.
(2) The person must not disclose the information to anyone else.
Fault element: Recklessness as to the disclosure of the information.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
(3) Subsection (2) does not apply if:
(a) the information is disclosed for:
(i) the exercise of a power or performance of a function under this Act; or
(ii) formulating a report, or recommendations for a report, under this Act; or
(b) the information is disclosed in:
(i) a report under this Act; or
(ii) an agreement for the resolution of a complaint that, under section 44(5), is binding on the parties to the complaint; or
(c) the information is disclosed for:
(i) a proceeding under section 20; or
(ii) a proceeding for an offence against this Act; or
(iii) a proceeding for another offence, or breach of discipline, constituted by the action or conduct the subject of a complaint; or
(d) the information is disclosed to the Ombudsman of the Commonwealth or a State for exercising a power or performing a function:
(i) under a law of the Territory, the Commonwealth or a State; or
(ii) under an arrangement made under section 148; or
(e) the information is disclosed in consulting a legal practitioner or, with the Ombudsman's consent, someone else.
(4) The person must not make improper use of the information.
Fault element: Intentionally making improper use of the information.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
(5) In this section:
"improper use", by a person of information, means the person uses the information to gain some private benefit or to benefit or cause harm to someone else.