PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 81 Offence to reveal confidential information obtained or received under the Whistleblowers Protection Act 2001

PROTECTED DISCLOSURE ACT 2012 (NO. 85 OF 2012) - SECT 81

    (1)     Subsection (2) applies if a person obtains or receives information in the course of or as a result of a protected disclosure, within the meaning of the Whistleblowers Protection Act 2001 , or the investigation of a disclosed matter under that Act whether—

        (a)     before the commencement of section 82; or

        (b)     on or after the commencement of section 82 under the continued provisions of the Whistleblowers Protection Act 2001 .

    (2)     On or after the commencement of section 82, the person must not disclose the information referred to in subsection (1) except as provided in subsection (3).

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

    (3)     A person may disclose information referred to in subsection (1)—

        (a)     for the purposes of the exercise of functions under the continued provisions of the Whistleblowers Protection Act 2001 of the President of the Legislative Council, the Speaker of the Legislative Assembly, the Ombudsman, the Chief Commissioner of Police or a public body; or

        (b)     in the case of information relating to the investigation of a disclosure made in accordance with Part 2 of the Whistleblowers Protection Act 2001 that transfers from the Director to the IBAC under Schedule 1—as would be permitted under the Independent Broad-based Anti-corruption Commission Act 2011 if the information had been disclosed under this Act or in the course of an investigation of a protected disclosure complaint under any Act; or

        (c)     for the purposes of any proceeding in relation to an offence against section 22, 60 or 106 of the Whistleblowers Protection Act 2001 or section 19 of the Evidence Act 1958 ; or

        (d)     for the purposes of 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 of the Whistleblowers Protection Act 2001 ; or

        (e)     for the purposes of any report of recommendation to be made under any continued provision of the Whistleblowers Protection Act 2001 ; or

        (f)     for the purposes of any report referred to in Part 9 of the Whistleblowers Protection Act 2001 .

    (4)     In this section—

"continued provision", of the Whistleblowers Protection Act 2001 , means a provision of that Act continued in force under Schedule 1;

"Director" has the same meaning as it has in section 3(1) of the Whistleblowers Protection Act 2001 ;

"public body" has the same meaning as it has in section 3(1) of the Whistleblowers Protection Act 2001 .