Victorian Current Acts Victorian Current Acts(1) A person must not disclose a restricted matter.
Penalty: 120 penalty units or imprisonment for 1 year or both.
Note to s. 185(1) amended by No. 2/2019 s. 87(1).
Note
See also Part 7 of the Public Interest Disclosures Act 2012 which imposes additional obligations in relation to confidentiality.
(2) Subsection (1) does not apply to the disclosure of a restricted matter—
(a) by the person in accordance with an authorisation under section 186; or
S. 185(2)(ab) inserted by No. 2/2019 s. 87(2)(a).
(ab) to the Chief Commissioner of Police by the person who has made a disclosure to which the restricted matter relates where the disclosure is made for the purposes of an investigation by the Chief Commissioner of Police of the disclosure as a public interest complaint; or
(b) for the purpose of obtaining legal advice or representation in relation to—
(i) a direction given to the person under section 176; or
(ii) an investigation request made to the person; or
S. 185(2)(b)(iii) substituted by No. 2/2019 s. 87(2)(b).
(iii) the person's rights, liabilities, obligations and privileges under this Part or a relevant Act; or
(c) by an Australian legal practitioner to whom a restricted matter has been disclosed in the circumstances specified in paragraph (b), for the purpose of complying with a legal duty of disclosure or a professional obligation arising from his or her professional relationship with his or her client; or
S. 185(2)(ca) inserted by No. 3/2019 s. 36.
(ca) for the purpose of, or in the course of, a restorative engagement process, with the written consent of the person participating in the process who alleges that they are the victim of sex discrimination or sexual harassment; or
S. 185(2)(d) substituted by No. 2/2019 s. 87(2)(c).
(d) by the person to the person's
spouse or domestic partner; or
S. 185(2)(e) substituted by No. 2/2019 s. 87(2)(c).
(e) by the person to the person's
employer or manager; or
(f) to the IBAC for the purpose of making a complaint under the Independent Broad-based Anti-corruption Commission Act 2011 about the conduct of a member of Victoria Police personnel in the course of the person's performance of duties or functions or exercise of powers under this Part or an applicable law; or
(g) to an interpreter, for the purpose of enabling a person who does not have a sufficient knowledge of the English language to comply with this Part; or
(h) to a parent or guardian of a person or to an independent person, for the purpose of enabling a person who is under the age of 18 years to comply with this Part; or
(i) to an independent person, for the purpose of enabling a person who is illiterate or has a mental or physical impairment that prevents the person from understanding an obligation imposed under this Part to comply with this Part; or
S. 185(2)(ia) inserted by No. 2/2019 s. 87(2)(d).
(ia) to any of the following for the purpose of assisting the person to seek advice or support in relation to the investigation to which the restricted matter relates—
(i) a registered health practitioner;
S. 185(2)(ia)(ii) amended by No. 29/2020 s. 7.
(ii) a trade union, within the meaning of section 93AB of the Competition and Consumer Act 2010 of the Commonwealth, of which the person is a member;
(iii) an employee assistance program; or
S. 185(2)(ib) inserted by No. 2/2019 s. 87(2)(d).
(ib) to the Victorian WorkCover Authority for the purpose of a workers' compensation claim; or
S. 185(2)(ic) inserted by No. 2/2019 s. 87(2)(d).
(ic) to a prescribed service for a purpose prescribed for that service; or
S. 185(2)(id) inserted by No. 2/2019 s. 87(2)(d).
(id) for the purpose of an application to the Fair Work Commission, including any related proceeding; or
(j) that is otherwise authorised or required by or under—
(i) this Part; or
S. 185(2)(j)(ii) amended by No. 2/2019 s. 87(2)(e).
(ii) the
Public Interest Disclosures Act 2012 ; or
(iii) the Independent Broad-based Anti-corruption Commission Act 2011 ; or
(iv) the Victorian Inspectorate Act 2011 ; or
(v) the Ombudsman Act 1973 .
S. 185(3) substituted by No. 2/2019 s. 87(3).
(3) Subsection (1) does not apply to the disclosure of a restricted matter if the disclosure made is of information that has been published by an investigating entity or the Integrity and Oversight Committee in a report or has otherwise been made public in accordance with this or any other Act.
(4) Nothing in this section affects the operation of section 176.
S. 185(5) inserted by No. 2/2019 s. 87(4).
(5) In this section—
"Fair Work Commission" means the body established under section 575 of the Fair Work Act 2009 of the Commonwealth;
"registered health practitioner" means a person registered under the Health Practitioner Regulation National Law to practise a health profession (other than as a student);
S. 185(5) def. of relevant Act amended by No. 9/2020 s. 390(Sch. 1 item 108).
"relevant Act" means—
(a) the Public Interest Disclosures Act 2012 ; or
(b) the Ombudsman Act 1973 ; or
(c) the Independent Broad-based Anti‑corruption Commission Act 2011 ; or
(d) the Victorian Inspectorate Act 2011 ; or
(e) the Fair Work Act 2009 of the Commonwealth; or
(f) the Judicial Commission of Victoria Act 2016 ; or
(g) Part IIIAA of the Constitution Act 1975 ; or
(h) the Local Government Act 2020 ; or
(i) the Racing Act 1958 ; or
(j) the Freedom of Information Act 1982 ;
"Victorian WorkCover Authority" has the same meaning as in the Workplace Injury Rehabilitation and Compensation Act 2013 .