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INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION REGULATIONS 2023 (SR NO 3 OF 2023) - REG 32

Confidentiality of test results

    (1)     The following records must be kept in a secure location—

        (a)     all records that relate to or include a sample direction or a direction given to a registered medical practitioner under regulation 21 ;

        (b)     all records that relate to or include any samples of blood or urine taken for testing for the presence of alcohol or drugs as a result of a sample direction or a direction given to a registered medical practitioner under regulation 21;

        (c)     all records that relate to or include the result of any testing of a sample of breath, urine or blood of an IBAC Officer as a result of a sample direction or a direction given to a registered medical practitioner under regulation 21.

    (2)     A person must not disclose to any other person any information revealed by the testing of a sample of breath, urine or blood of an IBAC Officer as a result of a sample direction or a direction given to a registered medical practitioner under regulation 21 unless—

        (a)     that information is already publicly known; or

        (b)     disclosure of that information is required or authorised under Division 1 of Part 9 of the Act ; or

        (c)     disclosure of that information is necessary for the investigation of any offence; or

        (d)     the IBAC Officer consents; or

        (e)     disclosure of that information is for the management, supervision and support of the IBAC Officer in the workplace; or

        (f)     disclosure of that information is necessary to enable the IBAC to determine whether to take disciplinary action against the IBAC Officer and for the purpose of determining the outcome of any disciplinary action; or

        (g)     disclosure of that information is solely for the purposes of compiling reports and statistics and that information does not include information that could be used to identify the IBAC Officer who provided the sample.



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