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GOVERNMENT SECTOR AUDIT ACT 1983 - SECT 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.
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