ANTI-CORRUPTION COMMISSION ACT 1988 - SECT 52
This legislation has been repealed.
ANTI-CORRUPTION COMMISSION ACT 1988 - SECT 52
52 . Non-disclosure of information
(1) A person who is,
or has at any time been, a member, an officer of the Commission, a seconded
officer, a special investigator, a service provider or a member or employee of
a service provider shall not, either directly or indirectly, except in or in
connection with the performance of a function under this Act —
(a) make
a record of, or divulge or communicate to any person, any information received
in his or her capacity as member, officer of the Commission, seconded officer,
special investigator, service provider or member or employee of a service
provider;
(b) make
use of any such information as is mentioned in paragraph (a); or
(c)
produce to any person a document furnished for the purposes of this Act.
Penalty: $8 000 or imprisonment for 2 years.
(2) Subsection (1)
does not prevent the divulging or communicating of information or the
production of a document —
(a) to
another person referred to in subsection (1) in connection with the
performance of that other person’s functions under this Act;
(b) to a
Royal Commission, an Inquiry Panel under the Local Government Act 1995 , an
independent agency, an appropriate authority, or any other body or authority
to which section 12(1)(f) applies, which is conducting an investigation or
inquiry into a matter that is the subject of, or is related to, an allegation;
(ba) for
the purposes of compliance with the Telecommunications (Interception) Western
Australia Act 1996 ;
(c) for
the purposes of proceedings for an offence instituted as a result of an
investigation;
(d) for
the purposes of 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 an investigation;
(e) for
the purposes of consultation with an independent agency or appropriate
authority about a matter relevant to the functions of the Commission; or
(f)
under reciprocal arrangements for the exchange of information made between the
Commission and an independent agency, appropriate authority or other body or
authority to which section 12(1)(f) applies.
(3) Subsection (1)
does not prevent the Commission from divulging information, or making a
statement, about the performance of the functions of the Commission to any
person or to the public or a section of the public if the Commission considers
that it is in the interests of any person, or in the public interest, to
divulge that information, or make that statement, in that manner.
(4) The Commission
shall not divulge information or make a statement under subsection (3) with
respect to a particular allegation where the disclosure of that information,
or the making of that statement, is likely to interfere with the carrying out
of investigatory or other action in relation to that or any other allegation
or the making of a report under this Act.
(5) The Commission
shall not, in disclosing information or making a statement under subsection
(3) with respect to a particular allegation —
(a) set
out opinions that are, either expressly or impliedly, critical of any person
unless the Commission has complied with subsection (6); or
(b)
disclose the name of a person who made the allegation or any other matter that
would enable a person who made the allegation to be identified unless it is
fair and reasonable in all the circumstances to do so.
(6) Where the
Commission proposes to disclose information or make a statement setting out
opinions referred to in subsection (5)(a) it shall, before doing so, afford
the person to whom the opinions relate the opportunity to appear before it and
to make submissions, either orally or in writing, in relation to the matter.
(7) A person who is a
member may for the purposes of this Act —
(a)
divulge or communicate to a standing committee or to a person assisting, and
authorised for the purposes of this paragraph by, a standing committee
information received in his or her capacity as a member; or
(b)
produce to a standing committee or a person referred to in paragraph (a) a
document furnished for the purposes of this Act.
(8) If, under this Act
—
(a)
evidence or information is furnished, divulged or communicated; or
(b) a
document is produced,
to a person or body on
the understanding that the evidence, information or document is confidential,
the person or body is subject to the provisions of this section in relation to
the evidence, information or document.
[Section 52 4 , formerly section 11, amended by
No. 14 of 1994 s. 14; No. 29 of 1996 s. 23 and 25; No. 1 of 2000 s. 11.]