New South Wales Consolidated Acts

INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 112

112 Restriction on publication of evidence

(1) The Commission may direct that--

(a) any evidence given before it, or

(b) the contents of any document, or a description of any thing, produced to the Commission or seized under a search warrant issued under this Act, or

(c) any information that might enable a person who has given or may be about to give evidence before the Commission to be identified or located, or

(d) the fact that any person has given or may be about to give evidence at a compulsory examination or public inquiry, or

(e) any written submissions received by the Commission (including, but not limited to, submissions made by Counsel assisting the Commission),

shall not be published or shall not be published except in such manner, and to such persons, as the Commission specifies.

(1A) The Commission is not to give a direction under this section unless satisfied that the direction is necessary or desirable in the public interest.

(1B) A direction under this section does not apply to--

(a) the making of a complaint to the Inspector or the disclosure of information, documents or other things to the Inspector, or

(b) the disclosure of information, documents or other things by a law enforcement officer to the Director of Public Prosecutions in accordance with the duty of disclosure under section 15A of the Director of Public Prosecutions Act 1986 .

(2) A person shall not make a publication in contravention of a direction given under this section.

: Maximum penalty--50 penalty units or imprisonment for 12 months, or both.

(3) It is not a contravention of a direction given under this section to publish any evidence, contents of a document or information to a medical practitioner or psychologist for the purposes of that health practitioner providing medical or psychiatric care, treatment or counselling (including but not limited to psychological counselling) to a person who--

(a) has given or may be about to give evidence at a compulsory examination or public inquiry, or

(b) has been given a notice under section 21 requiring the person to produce a statement of information, or

(c) has been given a notice under section 22 requiring the person to attend before a person specified in the notice to produce a document or other thing specified in the notice.