Commonwealth Consolidated Acts

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PUBLIC INTEREST DISCLOSURE ACT 2013 - SECT 20

Disclosure or use of identifying information

Disclosure of identifying information

  (1)   A person (the first person ) commits an offence if:

  (a)   another person (the second person ) has made a public interest disclosure; and

  (b)   the first person discloses information ( identifying information ) that:

  (i)   was obtained by any person in that person's capacity as a public official; and

  (ii)   is likely to enable the identification of the second person as a person who has made a public interest disclosure; and

  (c)   the disclosure is to a person other than the second person.

Penalty:   Imprisonment for 6 months or 30 penalty units, or both.

Use of identifying information

  (2)   A person commits an offence if the person uses identifying information.

Penalty:   Imprisonment for 6 months or 30 penalty units, or both.

Exceptions

  (3)   Subsections   (1) and (2) do not apply if one or more of the following applies:

  (a)   the disclosure or use of the identifying information is for the purposes of this Act;

  (b)   the disclosure or use of the identifying information is in connection with the performance of a function conferred on the Ombudsman by section   5A of the Ombudsman Act 1976 ;

  (c)   the disclosure or use of the identifying information is in connection with the performance of a function conferred on the IGIS by section   8A of the Inspector - General of Intelligence and Security Act 1986 ;

  (d)   the disclosure or use of the identifying information is for the purposes of:

  (i)   a law of the Commonwealth; or

  (ii)   a prescribed law of a State or a Territory;

  (e)   the person likely to be identified by the identifying information has consented to the disclosure or use of the identifying information, or acted in a way that is inconsistent with keeping that person's identity confidential;

  (f)   the identifying information has previously been lawfully published.

Note:   A defendant bears an evidential burden in relation to a matter in subsection   (3) (see subsection   13.3(3) of the Criminal Code ).

  (4)   For the purposes of paragraph   (3)(a), and without limitation, a person discloses or uses identifying information for the purposes of this Act if the person does so:

  (a)   for the purpose of providing assistance in relation to a public interest disclosure; or

  (b)   for the purpose of providing legal advice, or other professional assistance, relating to a public interest disclosure, in the circumstances mentioned in paragraph   67(2)(a); or

  (c)   in the performance or exercise (or purported performance or exercise) of a function or power conferred by this Act, in the circumstances mentioned in subsection   78(1).


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