New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 268

268 Disclosure of information

(1) A person must not disclose any information obtained in connection with the administration or execution of this Act (or any other Act conferring or imposing functions on the Electoral Commission or Electoral Commissioner) unless that disclosure is made--

(a) with the consent of the person from whom the information was obtained, or

(b) in connection with the administration or execution of this Act (or any such other Act), or

(c) for the purposes of any legal proceedings arising out of this Act (or any such other Act) or of any report of any such proceedings, or

(d) in accordance with a requirement imposed under the Ombudsman Act 1974 , or

(e) with other lawful excuse.

: Maximum penalty--1,000 penalty units.

(2) Despite subsection (1), the Electoral Commission or the Electoral Commissioner may disclose information if--

(a) the information is disclosed to a person who has given information to the Electoral Commission or Electoral Commissioner about a possible contravention of this Act or the Electoral Funding Act 2018 or a regulation under either of the Acts, and

(b) the disclosure is reasonably necessary for the purpose of--

(i) reporting the progress of an investigation into the possible contravention, or

(ii) providing the person who gave the information with advice as to the outcome of the investigation or any action taken as a result of the investigation, and

(c) the Electoral Commission or the Electoral Commissioner, as the case requires, is satisfied the disclosure is in the public interest.

(3) Despite subsection (1), the Electoral Commission or the Electoral Commissioner may disclose information if--

(a) the information concerns a possible contravention of this Act or the Electoral Funding Act 2018 or a regulation under either of the Acts, and

(b) the disclosure is for the purpose of reporting to the public about the progress or outcome of an investigation into the possible contravention, and

(c) the Electoral Commission or the Electoral Commissioner, as the case requires, is satisfied the disclosure is in the public interest.

(4) The Electoral Commission and the Electoral Commissioner have qualified privilege in proceedings for defamation arising out of a disclosure made under this section.