New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 97P
Identifying information not to be disclosed
97P Identifying information not to be disclosed
(1) Information tending to identify a person as a protected person (
"identifying information" ) is not to be disclosed by a primary agency, a
public official or a public authority.
(2) However, subsection (1) does not
prevent the disclosure of the identifying information if-- (a) the person
consents in writing to the disclosure of the identifying information, or
(b)
it is generally known the person is a protected person as a result of the
person's voluntary self-identification as a protected person, or
(c) after
consulting the person, the agency, official or authority reasonably considers
it necessary to disclose the identifying information to protect a person from
detriment, or
(d) it is necessary the identifying information be disclosed to
a person whose interests are affected by the relevant protected action, or
(e) the identifying information has previously been lawfully published, or
(f) the identifying information is disclosed to a medical practitioner or
psychologist for the purposes of the practitioner or psychologist providing
medical or psychiatric care, treatment or counselling to the individual
disclosing the information, or
(g) the identifying information is disclosed
for the purposes of proceedings before a court or tribunal, or
(h) the
identifying information is disclosed in accordance with a direction of a
primary agency, if the primary agency certifies it is necessary to disclose
the information in the public interest, or
(i) the disclosure of the
identifying information is necessary to effectively investigate or deal with a
complaint or disclosure of information under this Act, or
(j) the
protected person took the relevant protected action to comply with or perform
a protected obligation.
(3) To avoid doubt, a person does not voluntarily
self-identify as a protected person merely by taking the relevant
protected action in confidence.
(4) Other provisions of this Act that
require, authorise, restrict or prohibit the disclosure of information prevail
over this section to the extent of an inconsistency.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback