Western Australian Current Acts Western Australian Current Acts (1A) Subsection (1)
applies to a person —
(a) who
makes a complaint; or
(b)
against whom a complaint is made; or
(c) who
performs a function under this Act in respect of a complaint; or
(d) who,
as a result of anything done under this Division, becomes aware of any detail
of a complaint knowing it to be relevant to the complaint.
(1) A person to whom
this subsection applies commits an offence if the person discloses information
that the complaint has been made or information about any detail of the
complaint.
(2) It is not an
offence against subsection (1) to disclose information if —
(a) the
disclosure is made for the purposes of investigating or dealing with the
complaint; or
(b) the
disclosure is required under a written law; or
(ba) the
disclosure is made by the Departmental CEO in circumstances where —
(i)
the complaint to which the information relates is a
complaint sent to the Departmental CEO under section 5.114(1) or 5.115(1); and
(ii)
the Departmental CEO has made a decision about whether to
make an allegation under section 5.116(2) in relation to the complaint; and
(iii)
the Departmental CEO considers that the disclosure is in
the public interest;
or
(c) the
complaint to which the information relates is a complaint of a minor breach
and a standards panel has dealt with the breach under section 5.110(6); or
(d) the
complaint to which the information relates is a complaint of a recurrent
breach or serious breach and the State Administrative Tribunal has made an
order described in section 5.117(1) in relation to the breach.
[(3) deleted]
[Section 5.123 inserted: No. 1 of 2007 s. 11;
amended: No. 16 of 2019 s. 59.]