19C   Disclosures prejudicing investigations

(1)  A person who is required by the Ombudsman by a summons issued under section 19 (2) to give evidence or to produce a document or other thing must not disclose any information about the summons that is likely to prejudice the investigation to which it relates.

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

(2)  Subsection (1) does not apply to a summons unless it specifies that information about the summons must not be disclosed.

(3)  A person does not contravene this section if:

(a)  the disclosure is made to an employee, agent or other person in order to obtain information to comply with the summons and the employee, agent or other person is directed not to inform the person to whom the information relates about the matter, or

(b)  the disclosure is made to obtain legal advice or representation in relation to the summons, or

(c)  the disclosure is made for the purposes of, or in the course of, legal proceedings, or

(d)  the disclosure is made in accordance with guidelines issued by the Ombudsman or in accordance with the regulations.

(4)  A reference in this section to the disclosure of any information about a summons includes a reference to:

(a)  a disclosure about the existence or nature of the summons or of the investigation to which it relates, and

(b)  a disclosure of any information to a person from which the person could reasonably be expected to infer the existence or nature of the summons or of the investigation to which it relates.