PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 54 Circumstances in which information may be disclosed

PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 54

    (1)     A person or body may, in any of the circumstances set out in subsection (2), disclose—

        (a)     the content, or information about the content, of an assessable disclosure; or

        (b)     information likely to lead to the identification of a person who has made an assessable disclosure.

    (2)     For the purposes of subsection (1) information may be disclosed in the following circumstances—

        (a)     where necessary for the purpose of the exercise of functions under this Act;

        (b)     by an investigating entity, or an officer of an investigating entity, where necessary for the purpose of the exercise of functions under the Independent Broad-based Anti-corruption Commission Act 2011 , the Victorian Inspectorate Act 2011 , the Ombudsman Act 1973 or Part IVB of the Police Regulation Act 1958 ;

        (c)     for the purpose of a proceeding for an offence against—

              (i)     a relevant Act; or

              (ii)     section 19 of the Evidence (Miscellaneous Provisions) Act 1958 arising from an investigation by the Ombudsman;

        (d)     for the purpose of a disciplinary process or action instituted in respect of conduct that could constitute an offence against—

              (i)     a relevant Act; or

              (ii)     section 19 of the Evidence (Miscellaneous Provisions) Act 1958 arising from an investigation by the Ombudsman;

        (e)     for the purpose of obtaining legal advice or representation in relation to—

              (i)     a witness summons, a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice;

              (ii)     the person's rights, liabilities, obligations and privileges under a relevant Act;

        (f)     by an Australian legal practitioner to whom an assessable disclosure or information has been disclosed in the circumstances specified in paragraph (e), for the purpose of complying with a legal duty of disclosure or a professional obligation arising from his or her professional relationship with his or her client;

        (g)     to an interpreter, for the purpose of enabling a person who does not have a sufficient knowledge of the English language to comply with this Part;

        (h)     to a parent or guardian of a person or to an independent person, for the purpose of enabling a person who is under the age of 18 years to comply with this Part;

              (i)     to an independent person, for the purpose of enabling a person who is illiterate or has a mental or physical impairment that prevents the person from understanding an obligation imposed under this Part to comply with this Part.

    (3)     For the purposes of subsection (2)—

"confidentiality notice" means—

        (a)     a confidentiality notice issued by the IBAC under section 33C(1) of the Independent Broad-based Anti-corruption Commission Act 2011 ; or

        (b)         a confidentiality notice issued by the Victorian Inspectorate under section 28E(1) of the Victorian Inspectorate Act 2011 ; or

        (c)     a confidentiality notice issued by the Ombudsman under section 26C(1) of the Ombudsman Act 1973 ;

"officer of an investigating entity" means a person who is—

        (a)     carrying out investigative functions in relation to a protected disclosure complaint; and

        (b)     is authorised to perform those functions by or under the Act under which the protected disclosure complaint is being investigated by the investigating entity;

"relevant Act" means—

        (a)     this Act; or

        (b)     the Independent Broad-based Anti-corruption Commission Act 2011 ; or

        (c)     the Victorian Inspectorate Act 2011 ; or

        (d)     the Ombudsman Act 1973 ; or

        (e)     Part IVB of the Police Regulation Act 1958 ;

"witness summons" means—

        (a)     a witness summons issued by the IBAC under section 82F(1) of the Independent Broad-based Anti-corruption Commission Act 2011 ; or

        (b)         a witness summons issued by the Victorian Inspectorate under section 33E(1) of the Victorian Inspectorate Act 2011 ; or

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        (c)     a witness summons issued by the Ombudsman under section 17 of the Evidence (Miscellaneous Provisions) Act 1958 .

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PART 8—FUNCTIONS AND POWERS OF THE IBAC AND VICTORIAN INSPECTORATE