Victorian Consolidated Legislation

Whistleblowers Protection Act 2001 - SECT 22

Offence to reveal confidential information

22. Offence to reveal confidential information



(1) A person who obtains or receives information in the course of or as a
result of a protected disclosure or the investigation of a disclosed matter
under this Act must not disclose that information except for the purposes of-



   (a)  the exercise of the functions under this Act of the President of the
        Legislative Council, the Speaker of the Legislative Assembly, the
        Ombudsman, the Director, the Chief Commissioner of Police or a public
        body; or

   (b)  any report or recommendation to be made under this Act; or

   (c)  any report referred to in Part 9; or

   (d)  any proceedings in relation to an offence against section 60 or
        section 106 or this section or section 19 of the Evidence Act 1958; or

   (e)  any criminal or disciplinary proceedings taken against a member of the
        police force as a result of an investigation of a disclosed matter by
        the Chief Commissioner of Police under Part 7.

Penalty: 60 penalty units or 6 months imprisonment or both.

(2) The Ombudsman or a public body must not in a report or recommendation
under this Act or a report referred to in Part 9 disclose particulars likely
to lead to the identification of a person who made a protected disclosure.

(3) A public body must not in a report referred to in Part 9 disclose
particulars likely to lead to the identification of a person against whom a
protected disclosure is made.

(3A) The Ombudsman must not in a report referred to in section 102 disclose
particulars likely to lead to the identification of a person against whom a
protected disclosure is made.

(4) Nothing in this section affects the operation of section 90.