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VICTORIA POLICE ACT 2013 - SECT 184 Disclosure of information by the Chief Commissioner and other police personnel

VICTORIA POLICE ACT 2013 - SECT 184

Disclosure of information by the Chief Commissioner and other police personnel

    (1)     A person who—

        (a)     is or was a member of Victoria Police personnel; and

        (b)     acquires or acquired information by reason of, or in the course of, the performance of duties or functions or the exercise of powers under this Part—

must not directly or indirectly disclose that information.

Penalty:     120 penalty units or imprisonment for 1 year or both.

Note to s. 184(1) amended by No. 2/2019 s. 89(Sch. 1 Pt D item 7).

Note

The person may be subject to further confidentiality obligations under Part 7 of the Public Interest Disclosures Act 2012 .

    (2)     Subsection (1) does not apply to a disclosure of information—

        (a)     made for the purpose of performing duties or functions or exercising powers under this Part or an applicable law; or

        (b)     that is otherwise authorised or required to be made by or under this Part or an applicable law; or

        (c)     made for the purposes of—

S. 184(2)(c)(i) amended by No. 2/2019 s. 89(Sch. 1 Pt D item 8).

              (i)     proceedings for an offence against this Part or the Public Interest Disclosures Act 2012 ; or

S. 184(2)(c)(ii) amended by No. 2/2019 s. 89(Sch. 1 Pt D item 8).

              (ii)     a disciplinary process or action instituted in respect of conduct that could also constitute an offence against this Part or the Public Interest Disclosures Act 2012 ; or

              (iii)     proceedings for an offence or a disciplinary process or action instituted as a result of an investigation under this Part; or

        (d)     made by—

              (i)     the Chief Commissioner in the circumstances provided under subsection (3); or

              (ii)     a member of Victoria Police personnel under the authority of the Chief Commissioner in the circumstances provided under subsection (3).

    (3)     Subject to subsection (4), if the Chief Commissioner considers it appropriate, he or she may disclose or authorise the disclosure of any information acquired by a member of Victoria Police personnel by reason of, or in the course of, the performance of duties or functions or the exercise of powers under this Part to—

        (a)     an investigating entity; or

        (b)     a law enforcement agency; or

        (c)     a prosecutorial body.

    (4)     The Chief Commissioner may only disclose or authorise a disclosure of information under subsection (3) if he or she considers that the information is relevant to the performance of a duty or function or the exercise of a power by the investigating entity, law enforcement agency or prosecutorial body to which the information is proposed to be disclosed.

    (5)     Subsection (3) applies subject to any restriction on the provision or disclosure of information under this Act or any other Act (including any Act of the Commonwealth).

    (6)     Nothing in this section affects the operation of section 176.