Victorian Current Acts Victorian Current Acts(1) A person must not disclose a transferred restricted matter except as permitted by this section.
Penalty: 120 penalty units or imprisonment for 12 months or both.
Note to s. 183(1) inserted by No. 30/2016 s. 46(14).
Note
Section 185 applies to an offence against this subsection.
(2) Unless the IBAC orders otherwise, a transferred restricted matter may be disclosed if that matter has already been disclosed as part of an examination that was open to the public.
(3) A transferred restricted matter may be disclosed—
(a) in accordance with a direction of the IBAC; or
(b) subject to 127(2), to a legal practitioner for the purpose of obtaining legal advice or representation relating to a witness summons or matter; or
(c) to a person for the purpose of obtaining legal assistance relating to a witness summons or matter; or
(d) to an officer or agent of a body corporate by the body corporate or another officer or agent of the body corporate for the purpose of ensuring compliance with a witness summons; or
(e) to the Ombudsman in connection with a complaint to the Ombudsman that relates to a function of the Ombudsman under section 13 or 13AA of the Ombudsman Act 1973 ; or
(f) to the Victorian Inspectorate for the purpose of, or in connection with, a complaint to the Victorian Inspectorate; or
(g) by a legal practitioner for the purpose of complying with a legal duty of disclosure or a professional obligation arising from his or her professional relationship with a client; or
(h) by a legal practitioner referred to in paragraph (b) for the purpose of giving legal advice, making representations, or obtaining legal aid, relating to the witness summons or matter; or
(i) by a person referred to in paragraph (c) for the purpose of obtaining legal aid relating to a witness summons or matter; or
(j) if that disclosure is otherwise authorised or required under this Act.
(4) This section does not apply to an IBAC Officer.
(5) Nothing in this section prevents the IBAC from issuing a confidentiality notice in relation to a transferred restricted matter.
(6) In this section—
"Director" means the Director, Police Integrity under section 7 of the Police Integrity Act 2008 as in force immediately before its repeal;
"transferred restricted matter" means any of the following which, immediately before the repeal of the Police Integrity Act 2008 , was a restricted matter within the meaning of section 23 of that Act as in force immediately before its repeal and which, by virtue of the Schedule, has become subject to this Act—
(a) any evidence given before the Director;
(b) the contents of any statement of information or document, or a description of any thing, produced to the Director;
(c) the contents of any document, or a description of any thing, seized under the Police Integrity Act 2008 ;
(d) any information that might enable a person who has been, or is about to be, examined before the Director to be identified or located;
(e) the fact that a person had been, or was about to be, examined before the Director;
(f) the existence of a witness summons under the Police Integrity Act 2008 ;
(g) the subject matter of an investigation under the Police Integrity Act 2008 in relation to which a witness summons under that Act had been issued.
S. 184 inserted by No. 82/2012 s. 22.