Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person must not
make a disclosure (an identifying disclosure ) of information that might
identify or tend to identify anyone as a person who has made an appropriate
disclosure of public interest information under this Act
unless —
(a) the
person who made the disclosure of public interest information consents to the
disclosure of information that might identify or tend to identify him or her;
or
(b) it
is necessary to do so having regard to the rules of natural justice; or
(c) it
is necessary to do so to enable the matter to be investigated effectively; or
[(d), (e) deleted]
(f) the
identifying disclosure is made in accordance with section 152 or 153 of
the Corruption and Crime Commission Act 2003 .
Penalty: $24 000 or imprisonment for
2 years.
(2) A reasonable time
before making a disclosure in the circumstances described in
subsection (1)(b) or (c), the person making the identifying
disclosure must take all reasonable steps to advise the person whose identity
is to be disclosed —
(a) that
the disclosure is to be made; and
(b) the
reason for the disclosure being made.
(3) A person must not
make a disclosure of information that might identify or tend to identify
anyone as a person in respect of whom a disclosure of public interest
information has been made under this Act ( identifying information )
unless —
(a) the
person in respect of whom the disclosure of public interest information has
been made consents to the disclosure of information that might identify or
tend to identify him or her;
(b) it
is necessary to do so to enable the matter to be investigated effectively;
(c) it
is necessary to do so in the course of taking action under
section 9(1)(a) to (c);
(d)
there are reasonable grounds to believe that the disclosure of
identifying information is necessary to prevent or minimise the risk of injury
to any person or damage to any property; or
[(e), (f) deleted]
(g) the
disclosure is made in accordance with section 152 or 153 of the
Corruption and Crime Commission Act 2003 .
Penalty: $24 000 or imprisonment for
2 years.
[Section 16 amended by No. 48 of 2003
s. 62 (as amended by No. 78 of 2003 s. 35(13)); No. 78 of 2003
s. 74(2); No. 8 of 2009 s. 104(3).]