CORRUPTION, CRIME AND MISCONDUCT ACT 2003 - SECT 208

CORRUPTION, CRIME AND MISCONDUCT ACT 2003 - SECT 208

208 .         Disclosure by Parliamentary Inspector or officer

        (1)         In this section —

        court includes a tribunal, authority or person having power to require the production of documents or the answering of questions;

        official information , in relation to a relevant person, means information acquired by the person by reason of, or in the course of, the performance of the person’s functions under this Act;

        produce includes permit access to;

        relevant person means a person who is or was —

            (a)         the Parliamentary Inspector; or

            (b)         an officer of the Parliamentary Inspector.

        (2)         Subject to subsections (3), (4) and (6) a relevant person must not, either directly or indirectly —

            (a)         make a record of official information; or

            (b)         disclose any official information.

        Penalty: Imprisonment for 3 years and a fine of $60 000.

        (3)         Despite subsection (2), a relevant person may make a record of official information —

            (a)         under or for the purposes of this Act;

            (b)         otherwise in connection with the performance of the person’s functions under this Act.

        (4)         Despite subsection (2), official information may be disclosed by a relevant person if it is disclosed —

            (a)         under or for the purposes of this Act; or

            (b)         for the purposes of a prosecution or disciplinary action instituted as a result of an investigation conducted by the Commission or the Parliamentary Inspector under this Act or any other prosecution or disciplinary action in relation to misconduct; or

            (c)         to either House of Parliament or to the Standing Committee; or

            (d)         to any prescribed authority or person; or

            (e)         otherwise in connection with the performance of the person’s functions under this Act.

        (5)         A relevant person is not authorised to disclose operational information under subsection (4)(c) or (d) unless —

            (a)         that operational information arises from a matter relating to misconduct reported, notified or referred to the Parliamentary Inspector; and

            (b)         the Parliamentary Inspector has certified that disclosure is necessary in the public interest.

        (6)         Despite subsection (2), a relevant person may disclose —

            (a)         the fact that an allegation has been received or initiated by the Commission or the details of an allegation; or

            (b)         the fact that a matter relating to misconduct has been reported, notified or referred to the Parliamentary Inspector or the details of the matter.

        (7)         A relevant person cannot be required to produce or disclose any official information in or to any court except for the purposes of a prosecution or disciplinary action instituted as a result of an investigation conducted by the Commission or the Parliamentary Inspector under this Act.

        [Section 208, formerly section 42, amended: No. 78 of 2003 s. 19; renumbered as section 208: No. 78 of 2003 s. 35(1).]