Victorian Numbered Acts Victorian Numbered Acts(1) A person must not disclose a restricted matter.
Penalty: 120 penalty units or imprisonment for 1 year or both.
Note
See also Part 7 of the Protected Disclosure Act 2012 which imposes additional obligations in relation to confidentiality.
(2) Subsection (1) does not apply to the disclosure of a restricted matter—
(a) by the person in accordance with an authorisation under section 186; or
(b) for the purpose of obtaining legal advice or representation in relation to—
(i) a direction given to the person under section 176; or
(ii) an investigation request made to the person; or
(iii) the rights, liabilities, obligations and privileges of the person under this Part or the Protected Disclosure Act 2012 ; or
(c) by an Australian legal practitioner to whom a restricted matter has been disclosed in the circumstances specified in paragraph (b), for the purpose of complying with a legal duty of disclosure or a professional obligation arising from his or her professional relationship with his or her client; or
(d) by the person to his or her spouse or domestic partner if the restricted matter disclosed is the fact that the person—
(i) has been, or is proposed to be, interviewed by, or has produced, or may produce, any document or thing to, the Chief Commissioner under this Part; or
(ii) has otherwise participated, or will participate, in an investigation under this Part; or
(e) by the person to his or her employer or manager or both in the circumstances specified under subsection (3); or
(f) to the IBAC for the purpose of making a complaint under the Independent Broad-based Anti-corruption Commission Act 2011 about the conduct of a member of Victoria Police personnel in the course of the person's performance of duties or functions or exercise of powers under this Part or an applicable law; or
(g) to an interpreter, for the purpose of enabling a person who does not have a sufficient knowledge of the English language to comply with this Part; or
(h) to a parent or guardian of a person or to an independent person, for the purpose of enabling a person who is under the age of 18 years to comply with this Part; or
(i) to an independent person, for the purpose of enabling a person who is illiterate or has a mental or physical impairment that prevents the person from understanding an obligation imposed under this Part to comply with this Part; or
(j) that is otherwise authorised or required by or under—
(i) this Part; or
(ii) the Protected Disclosure Act 2012 ; or
(iii) the Independent Broad-based Anti-corruption Commission Act 2011 ; or
(iv) the Victorian Inspectorate Act 2011 ; or
(v) the Ombudsman Act 1973 .
(3) For the purposes of subsection (2)(e), the specified circumstances are—
(a) the restricted matter is the fact that the person—
(i) has been, or is proposed to be, interviewed by, or has produced, or may produce, any document or thing to, the Chief Commissioner under this Part; or
(ii) has otherwise participated, or will participate, in an investigation under this Part; and
(b) the disclosure is for the purpose of enabling the person to take the appropriate leave from his or her employment in order to—
(i) be interviewed by, or produce any document or thing to, the Chief Commissioner under this Part; or
(ii) otherwise participate in an investigation under this Part.
(4) Nothing in this section affects the operation of section 176.