Victorian Consolidated Legislation

Whistleblowers Protection Act 2001 - SECT 56

Can privileged or confidential information be disclosed to the Ombudsman?

56. Can privileged or confidential information be disclosed to the Ombudsman?



(1) An obligation to maintain confidentiality or any other restriction on the
disclosure of information obtained by or furnished to persons in the service
of the Crown or any public body that is imposed by any Act or oath or rule of
law or practice or under an agreement does not apply to the disclosure of
information for the purposes of an investigation by the Ombudsman of a
disclosed matter.

(2) The Crown is not, in relation to an investigation by the Ombudsman of a
disclosed matter, entitled to any privilege in respect of the production of
documents or the giving of evidence that is allowed by law in legal
proceedings.

(3) Subject to subsections (1) and (2) and section 55, a person cannot be
compelled for the purposes of an investigation by the Ombudsman of a disclosed
matter to produce any document or give any evidence that the person could not
be compelled to produce or give in proceedings before a court.