New South Wales Consolidated Acts

GOVERNMENT SECTOR AUDIT ACT 1983 - SECT 36A

36A Disclosure of confidential information

(1) An authorised person must not disclose confidential information unless the Auditor-General has authorised the disclosure.

(2) The Auditor-General may authorise the disclosure of confidential information only if--

(a) in the Auditor-General's opinion, the disclosure of the confidential information is--

(i) in the public interest, and

(ii) necessary for the exercise of the Auditor-General's functions, and

(b) the Auditor-General has, at least 28 days before authorising the disclosure of the confidential information, notified the Premier that the Auditor-General is proposing to disclose the information, and

(c) the Premier has not, within 28 days after being notified by the Auditor-General of the proposed disclosure, issued a certificate that the disclosure of the confidential information is, in the Premier's opinion, not in the public interest.

(3) The Auditor-General or Premier, in forming an opinion under subsection (2) about whether or not it is in the public interest to disclose confidential information, must consider the public interest factors both for and against the disclosure.

(4) A certificate of the Premier that it is not in the public interest to disclose confidential information is conclusive evidence of that fact.

(5) If information is confidential information, a claim of confidentiality or privilege is not waived merely because the information is accessed, provided or produced under this Act.

(6) In this section--

"confidential information" means--

(a) Cabinet information within the meaning of the Government Information (Public Access) Act 2009 , or

(b) information that could be subject to a claim of privilege by the State or a public official in a court of law.

"disclose" includes publish.