Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Subject to this section, a person who is or has been Ombudsman, an officer of the Ombudsman or a conciliator shall not, either directly or indirectly, make a record of, or disclose to any person, any information acquired by him in his official capacity, being information that was disclosed or obtained under the provisions of this Act.
Penalty:
Fine not exceeding 20 penalty units.
(2) Except as provided in subsection (3), subsection (1) does not prevent the making of a record or the disclosure of information where the making of the record or the disclosure –
(a) was reasonably required for the proper discharge of the functions of the Ombudsman; or
(b) was done with the approval –
(i) in the case of information given by an officer of a public authority, of the principal officer or responsible Minister;
(ii) in the case of information given by a member of a public authority, of the governing body of the authority or responsible Minister; or
(iii) in any other case, of the person by whom the information was given (but only if that person is entitled or authorized to give the information).
(3) Except as provided in subsection (4), subsection (1) does not prevent the Ombudsman from giving information relating to a matter arising wholly or partly under the law of another Commonwealth jurisdiction to a person exercising in that jurisdiction functions similar to those performed by the Ombudsman under this Act.
(4) Where the Attorney-General gives the Ombudsman a document certifying that the disclosure of the information described in the document would, for a reason specified in the document (being a reason referred to in any of the paragraphs in section 24(4)), be contrary to the public interest, subsections (2) and (3) do not have the effect of permitting the disclosure of the information to a person other than the Ombudsman or an officer of the Ombudsman.
(5) A person who is or has been the Ombudsman, an officer of the Ombudsman or a conciliator may not, in proceedings before a court, or before a person authorized by law, or by consent of parties, to hear, receive, and examine evidence, be compelled to disclose information acquired by him in his capacity as Ombudsman, officer of the Ombudsman or conciliator, being information that was disclosed or obtained under this Act.
(6) A person who, having as Ombudsman, an officer of the Ombudsman or a conciliator obtained or received any information in the course of, or for the purpose of, an investigation under this Act, takes advantage of knowledge obtained from that information to benefit himself or any other person is guilty of an offence.
(7) In this section –
(b) a reference to the disclosure of information includes a reference to the delivery or giving to a person of that record or a copy of it or of any part of it.