New South Wales Consolidated Acts

INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 114

114 Disclosures prejudicing investigations

(1) A person who is required--

(a) by a notice under section 21 or 22 to produce a statement of information or to attend and produce a document or other thing, or

(b) by a summons under section 35 to give evidence or to produce a document or other thing,

shall not disclose any information about the notice or summons that is likely to prejudice the investigation to which it relates.

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

(2) Subsection (1) does not apply to a notice or summons unless it specifies that information about the notice or summons must not be disclosed.

(3) A person does not contravene this section if--

(a) the disclosure is made to an employee, agent or other person in order to obtain information to comply with the notice or summons and the employee, agent or other person is directed not to inform the person to whom the information relates about the matter, or

(b) the disclosure is made to obtain legal advice or representation in relation to the notice or summons, or

(c) the disclosure is made for the purposes of, or in the course of, legal proceedings, or

(d) the disclosure is made to a medical practitioner or psychologist in relation to the provision by that health practitioner of medical or psychiatric care, treatment or counselling (including but not limited to psychological counselling) to a person--

(i) required by a summons under section 35 to give evidence, or

(ii) required by a notice under section 21 to produce a statement of information, or

(iii) required by a notice under section 22 to attend before a person specified in the notice to produce a document or other thing specified in the notice.

(4) A reference in this section to the disclosure of any information about a notice or summons includes a reference to--

(a) a disclosure about the existence or nature of the notice or summons or of the investigation to which it relates, and

(b) a disclosure of any information to a person from which the person could reasonably be expected to infer the existence or nature of the notice or summons or of the investigation to which it relates.