OMBUDSMAN ACT 1973 - SECT 25B Persons who receive proposed or draft reports or information in them

OMBUDSMAN ACT 1973 - SECT 25B

S. 25B(1) amended by No. 2/2019 s. 165(1).

    (1)     Subject to subsections (4), (5), and (6), a person who receives a copy of a report to Parliament under section 25AAB, a proposed report, or a draft or part of a proposed report or information contained in a proposed report or draft or part of a proposed report, before the relevant time must not disclose any information contained in the copy of the report to Parliament, the proposed report or draft or part of the proposed report unless—

        (a)     the disclosure is permitted under subsection (3); and

        (b)     the advice required by subsection (7) is given at the same time the disclosure is made.

Penalty:     120 penalty units or imprisonment for 12 months or both.

    (2)     For the purposes of subsection (1) the relevant time is—

        (a)     for a report that is to be laid before a House of the Parliament, the time when the report is so laid; or

        (b)     for any other report, the time when the report is made by the Ombudsman.

    (3)     For the purposes of subsection (1), a disclosure is permitted if the disclosure—

        (a)     is made in accordance with a direction or authorisation given by the Ombudsman; or

S. 25B(3)(b) amended by Nos 85/2012 s. 165, 2/2019 s. 79(Sch.  1 Pt C item 33).

        (b)     is made by an officer of an authority or a public interest disclosure entity, the responsible Minister for an authority or a public interest disclosure entity or a member of staff of the responsible Minister to other officers of the authority or public interest disclosure entity, the responsible Minister or other members of staff of the responsible Minister for the purposes of enabling the authority or public interest disclosure entity or the responsible Minister to respond to the proposed report or draft or part of the proposed report; or

S. 25B(3)(ba) inserted by No. 2/2019 s. 165(2).

        (ba)     is made by the Secretary to the Department of Premier and Cabinet (who receives a copy of a report to Parliament under section 25AAB) to the Premier or the responsible Minister for the purpose of enabling the Premier or the responsible Minister to respond to the copy of the report; or

        (c)     is made by a member of staff of a Council to the Mayor of the Council or by the Mayor to a member of staff of the Council for the purposes of enabling the Council to respond to the proposed report or draft or part of the proposed report; or

S. 25B(3)(d) amended by No. 2/2019 s. 165(3).

        (d)     subject to any direction given under section 18M(3), is made for the purposes of obtaining legal advice or representation in relation to the proposed report or draft or part of the proposed report; or

        (e)     is otherwise authorised or required to be made by or under this Act.

    (4)     Despite subsection (1), a disclosure is permitted if the disclosure is made for the purposes of making a complaint about the conduct of an Ombudsman officer—

        (a)     to the IBAC under the Independent Broad‑based Anti-corruption Commission Act 2011 ; or

        (b)     to the Victorian Inspectorate under the Victorian Inspectorate Act 2011 .

    (5)     Despite subsection (1), a disclosure is permitted if the disclosure is made for the purposes of complying with—

        (a)     a witness summons served on a person by the IBAC under the Independent Broad‑based Anti-corruption Commission Act 2011 ; or

        (b)     a witness summons served on a person by the Victorian Inspectorate under the Victorian Inspectorate Act 2011 .

    (6)     Despite subsection (1), a disclosure is permitted if the disclosure is made after the information is laid before a House of the Parliament in a report by the Ombudsman or has otherwise been made public in accordance with the Act.

    (7)     A person who makes a disclosure of information permitted by subsection (3) must advise any person to whom the disclosure is made that this section applies in relation to the subsequent disclosure of that information by the person to whom the disclosure is made.

    (8)     Proceedings may only be instituted for an offence under subsection (1)—

        (a)     by the Ombudsman; or

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

S. 26 amended by No. 30/2016 s. 70(4)(h)(i), repealed by No. 2/2019 s. 166.

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Pt 5A (Headings and ss 26A– 26F) inserted by No. 82/2012 s. 244.

Part VA—Confidentiality

Division 1—Confidentiality requirements for Ombudsman officers

S. 26A inserted by No. 82/2012 s. 244.