Western Australian Current Acts Western Australian Current Acts (1) Information
obtained by the Commissioner, the Deputy Commissioner or a member of the
Commissioner’s staff in the course of, or for the purpose of, an
investigation by the Commissioner under this Act, shall not be disclosed,
except —
(a) for
the purposes of the investigation and of any report or recommendations to be
made thereon under this Act; or
(b) for
the purposes of any proceedings for any perjury or any offence under the
Royal Commissions Act 1968 , or under this Act alleged to have been committed
in any proceedings upon such an investigation; or
(c) as
authorised by Division 3B or section 22A, 22AA, 22B or 22C(2).
(1a) The Commissioner
may in writing direct the person to whom a document is sent by the
Commissioner not to disclose to any other person any information contained in
the document except for the purposes of the investigation to which the
document relates or any other purpose specified in the direction, and a person
to whom such a direction is given must comply with the direction.
(1b) Subsection (1)
shall not be taken to preclude the Commissioner from disclosing information,
or making a statement, to any person or to the public or a section of the
public with respect to the performance of the functions of, or an
investigation by, the Commissioner if, in the Commissioner’s opinion, it
is in the interests of any department or authority to which this Act applies,
of any person or of the proper operation of the reportable conduct scheme, or
is otherwise in the public interest, so to disclose that information or to
make that statement.
(1c) The Commissioner
shall not disclose information or make a statement under subsection (1b) with
respect to a particular investigation where the disclosure of that
information, or the making of that statement, is likely to interfere with the
carrying out of that or any other investigation or the making of a report by
him under this Act.
(1d) The Commissioner
shall not, in disclosing information or making a statement under subsection
(1b) with respect to a particular investigation —
(a) set
out opinions that are, either expressly or impliedly, critical of any
department, authority or relevant entity to which this Act applies or any
person unless the Commissioner has complied with subsection (1e) in relation
to the investigation; or
(b)
disclose the name of a complainant or any other matter that would enable a
complainant to be identified unless it is fair and reasonable in all the
circumstances to do so.
(1e) Where the
Commissioner proposes to disclose information or make a statement setting out
opinions referred to in subsection (1d)(a) the Commissioner must, before doing
so, afford —
(a) if
the opinions relate to a department or authority, the principal officer of the
department or authority and the officer of that department or authority
principally concerned in the complaint; or
(aa) if
the opinions relate to a relevant entity, the head of the relevant entity; or
(b) if
the opinions relate to a person, that person,
the opportunity to
appear before the Commissioner and to make submissions, either orally or in
writing, in relation to the complaint.
(1f) This section has
effect notwithstanding section 19(2).
(2) Any person who
discloses information contrary to the provisions of this section is guilty of
an offence.
[Section 23 amended: No. 68 of 1976 s. 7; No. 124
of 1984 s. 8; No. 14 of 1994 s. 19(2); No. 29 of 1996 s. 26; No. 78 of 1996
s. 15 and 21; No. 74 of 2003 s. 91(15); No. 25 of 2022 s. 15.]