New South Wales Consolidated Acts

INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 79Q

79Q Identifying information not to be disclosed

(1) Information tending to identify a person as a protected person (
"identifying information" ) is not to be disclosed by a primary agency, a public official or a public authority.

(2) However, subsection (1) does not prevent the disclosure of the identifying information if--

(a) the person consents in writing to the disclosure of the identifying information, or

(b) it is generally known the person is a protected person as a result of the person's voluntary self-identification as a protected person, or

(c) after consulting the person, the agency, official or authority reasonably considers it necessary to disclose the identifying information to protect a person from detriment, or

(d) it is necessary the identifying information be disclosed to a person whose interests are affected by the relevant protected action, or

(e) the identifying information has previously been lawfully published, or

(f) the identifying information is disclosed to a medical practitioner or psychologist for the purposes of the practitioner or psychologist providing medical or psychiatric care, treatment or counselling to the individual disclosing the information, or

(g) the identifying information is disclosed for the purposes of proceedings before a court or tribunal, or

(h) the identifying information is disclosed in accordance with a direction of a primary agency, if the primary agency certifies it is necessary to disclose the information in the public interest, or

(i) the disclosure of the identifying information is necessary to effectively investigate or deal with a complaint or disclosure of information under this Act, or

(j) the protected person took the relevant protected action to comply with or perform a protected obligation.

(3) To avoid doubt, a person does not voluntarily self-identify as a protected person merely by taking the relevant protected action in confidence.

(4) Other provisions of this Act that require, authorise, restrict or prohibit the disclosure of information prevail over this section to the extent of an inconsistency.