PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 53 Identity of person making assessable disclosure must not be disclosed

PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 53

    (1)     A person or body must not disclose information likely to lead to the identification of a person who has made an assessable disclosure.

Penalty:     In the case of a natural person, 120 penalty units or 12 months imprisonment or both.

In the case of a body corporate, 600 penalty units.

    (2)     Subsection (1) does not apply if—

        (a)     the person who made the assessable disclosure has given written consent to an investigating entity to disclose—

              (i)     any information likely to lead to the person's identification; or

              (ii)     specific information likely to lead to the person's identification—

and the information is disclosed by the investigating entity after and in accordance with that consent; or

        (b)     the person or body discloses the information in accordance with section 54; or

        (c)     the IBAC or the Victorian Inspectorate has determined that the assessable disclosure is not a protected disclosure complaint and the person or body discloses the information after that determination; or

        (d)     an investigating entity has—

              (i)     published in a report to Parliament under this or any other Act, or otherwise made public, the information; and

              (ii)     in doing so, acted consistently with the obligations relating to confidentiality that apply to the investigating entity under this Act—

and the person or body discloses the information after that publication.