Victorian Numbered Acts

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BUSHFIRES ROYAL COMMISSION IMPLEMENTATION MONITOR ACT 2011 (NO. 6 OF 2011) - SECT 18

Constraints on access to information not to apply

    (1)     An obligation to maintain secrecy or any other restriction on the disclosure of information obtained by or furnished to persons employed in the public service or by an agency, imposed by or under an Act or rule of law, does not apply—

        (a)     to the disclosure of information required by the Implementation Monitor under section 16; or

        (b)     to information obtained by the Implementation Monitor under section 17.

    (2)     The Implementation Monitor or any other person must not divulge or communicate, except to another person performing duties under this Act, any information which has come to the knowledge of the Implementation Monitor by reason, directly or indirectly, of subsection (1) if the person who had possession of that information could not, but for that subsection, lawfully have divulged that information to the Implementation Monitor or the other person.

    (3)     Despite subsection (2) or any other law to the contrary, the Implementation Monitor may include in a report any information which has come to his or her knowledge in the course of performing functions under this or any other Act if the Implementation Monitor considers that—

        (a)     the information is relevant to the subject matter of the report; and

        (b)     the inclusion of the information in the report is in the public interest.

    (4)     For the purposes of subsection (3)(b), in considering whether to include in a report any information which has come to the knowledge of the Implementation Monitor in the course of performing his or her functions under this or any other Act, the Implementation Monitor must consult the Minister responsible for the agency from which the information was obtained under section 16 or 17.

    (5)     For the purposes of subsection (3)(b) it is not in the public interest to include information that directly or indirectly discloses a deliberation or a decision of Cabinet unless the disclosure is of a decision of Cabinet that has been officially published.



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