Victorian Consolidated Legislation

Ombudsman Act 1973 - SECT 20

Person obtaining information shall not disclose or take advantage of it

20. Person obtaining information shall not disclose or take advantage of it



(1) A person (other than the complainant) who obtains or receives information
in the course or as a result of the exercise of the functions of the Ombudsman
under this Act-

   (a)  shall not disclose that information except-

   (i)  for the purposes of the exercise of the functions of the Ombudsman and
        of any report or recommendation to be made under this Act; or

   (ii) for the purposes of any proceedings in relation to an offence against
        this Act or section 19 of the Evidence Act 1958; or

   (iii) for the purposes of any communication authorized under section 20A of
        this Act; and

   (b)  shall not take advantage of any knowledge gained from that information
        to benefit himself or any other person.

(2) A person who in contravention of this section discloses information or
takes advantage of knowledge gained from information shall be guilty of an
offence against this Act.





(3) Information obtained or received by a party from the Ombudsman in the
course or as a result of the exercise of the functions of the Ombudsman under
this Act is not admissible as evidence (if given by that party) in any legal
proceedings other than proceedings in relation to an offence against this Act
or section 19 of the Evidence Act 1958.

(4) Proceedings may only be instituted for an offence under subsection (2)2-

   (a)  by the Ombudsman; or

   (b)  by or with the consent of the Director of Public Prosecutions.