Victorian Numbered Acts

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PUBLIC INTEREST MONITOR ACT 2011 (NO. 72 OF 2011) - SECT 17

Confidentiality

    (1)     A person who is or was a Public Interest Monitor must not disclose information obtained or that came to the person's knowledge in the course of or as a result of his or her role, or the performance of his or her functions, as a Public Interest Monitor.

Penalty:     240 penalty units or imprisonment for 2 years or both.

    (2)     Subject to subsection (3), subsection (1) does not apply to disclosure of information by a Public Interest Monitor in the performance of his or her functions as a Public Interest Monitor.

    (3)     A Public Interest Monitor must not disclose information obtained or that came to his or her knowledge in the course of or as a result of performing his or her functions as a Public Interest Monitor to another Public Interest Monitor except to the extent necessary—

        (a)     to enable a Deputy Public Interest Monitor to discuss his or her functions with the Principal Public Interest Monitor and for the Principal Public Interest Monitor to discuss his or her functions with a Deputy Public Interest Monitor; or

        (b)     to enable a Deputy Public Interest Monitor to discuss his or her functions with another Deputy Public Interest Monitor if the Principal Public Interest Monitor is unavailable; or

        (c)     for the purposes of another Public Interest Monitor undertaking the functions of the Public Interest Monitor if the Public Interest Monitor is unable to perform those functions; or

        (d)     to enable the Principal Public Interest Monitor to prepare an annual report under this Act.

    (4)     A person who is or was a Public Interest Monitor is not compellable to disclose information obtained, or that came to the person's knowledge, in the course of or as a result of performing his or her functions as a Public Interest Monitor     in any proceeding before a court, board, commission or tribunal.

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PART 4—GENERAL



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