Western Australian Current Acts Western Australian Current Acts (1) In this section
—
court includes a tribunal, authority or person
having power to require the production of documents or the answering of
questions;
produce includes permit access to.
(2) This section
applies to information if, in circumstances referred to in section 208(4), it
is disclosed to an authority or person for use in connection with the
performance of a function of the authority or person under a written law.
(3) The authority or
person, or any person or employee under the control of the authority or person
—
(a) must
not, either directly or indirectly —
(i)
make a record of information to which this section
applies; or
(ii)
disclose any information to which this section applies,
except for the purpose
for which it was disclosed to the authority or person; and
(b)
cannot be required to produce or disclose the information in or to any court
except for the purposes of a prosecution or disciplinary action instituted as
a result of an investigation conducted by the Commission or the Parliamentary
Inspector under this Act.
Penalty, for a contravention of paragraph (a):
Imprisonment for 3 years and a fine of $60 000.
(4) Subsection (3)
does not prevent the disclosure of —
(a) the
fact that an allegation has been received or initiated by the Commission or
the details of an allegation; or
(b) the
fact that a matter relating to misconduct has been reported, notified or
referred to the Parliamentary Inspector or the details of the matter.
[Section 209, formerly section 43, amended: No. 78
of 2003 s. 20 and 35(13); renumbered as section 209: No. 78 of 2003 s. 35(1).]
[Division 5 heading, formerly Division 4 heading,
renumbered: No. 78 of 2003 s. 35(6).]