Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Information
obtained by the Commissioner, the Deputy Commissioner or a member of the
Commissioner’s staff in the course of, or for the purpose of, an
investigation under this Act, shall not be disclosed, except —
(a) for
the purposes of the investigation and of any report or recommendations to be
made thereon under this Act;
(b) for
the purposes of any proceedings for any perjury or any offence under the
Royal Commissions Act 1968 , or under this Act alleged to have been
committed in any proceedings upon such an investigation; or
(c) as
authorised by section 22A or 22B.
(1a) The Commissioner
may in writing direct the person to whom a document is sent by the
Commissioner not to disclose to any other person any information contained in
the document except for the purposes of the investigation to which the
document relates, and a person to whom such a direction is given shall comply
with the direction.
(1b)
Subsection (1) shall not be taken to preclude the Commissioner from
disclosing information, or making a statement, to any person or to the public
or a section of the public with respect to the performance of the
functions of, or an investigation by, the Commissioner if, in his opinion, it
is in the interests of any department or authority to which this
Act applies or of any person, or is otherwise in the public interest, so
to disclose that information or to make that statement.
(1c) The Commissioner
shall not disclose information or make a statement under subsection (1b)
with respect to a particular investigation where the disclosure of that
information, or the making of that statement, is likely to interfere with the
carrying out of that or any other investigation or the making of a report by
him under this Act.
(1d) The Commissioner
shall not, in disclosing information or making a statement under
subsection (1b) with respect to a particular investigation —
(a) set
out opinions that are, either expressly or impliedly, critical of any
department or authority to which this Act applies or any person unless the
Commissioner has complied with subsection (1e) in relation to the
investigation; or
(b)
disclose the name of a complainant or any other matter that would enable a
complainant to be identified unless it is fair and reasonable in all the
circumstances to do so.
(1e) Where the
Commissioner proposes to disclose information or make a statement setting out
opinions referred to in subsection (1d)(a) he shall, before doing so,
afford —
(a) if
the opinions relate to a department or authority, the principal officer of the
department or authority and the officer of that department or authority
principally concerned in the complaint; or
(b) if
the opinions relate to a person, that person,
the opportunity to
appear before him and to make submissions, either orally or in writing, in
relation to the complaint.
(1f) This
section has effect notwithstanding section 19(2).
(2) Any person who
discloses information contrary to the provisions of this section is
guilty of an offence.
[Section 23 amended by No. 68 of 1976
s. 7; No. 124 of 1984 s. 8; No. 14 of 1994 s. 19(2);
No. 29 of 1996 s. 26; No. 78 of 1996 s. 15 and 21; No. 74
of 2003 s. 91(15).]