PART 4The Health Services Safety Investigations Body
Protection of material held by the HSSIB
I1124Offences of unlawful disclosure
1
A person commits an offence if the person—
a
breaches the prohibition in section 122(1) by knowingly or recklessly disclosing protected material to another person, and
b
knows or suspects that the disclosure is prohibited.
2
An individual who was, but has ceased to be, connected with the HSSIB commits an offence if the individual—
a
breaches the prohibition in section 122(5) by knowingly or recklessly disclosing any information, document, equipment or other thing to another person, and
b
knows or suspects that the disclosure is prohibited.
3
Subsection (4) applies where protected material is disclosed to a person not connected with the HSSIB—
a
in a draft report sent to the person under section 115(1),
b
under paragraph 2, 3 or 4 of Schedule 14 (disclosures for purposes of an investigation, offence or safety risk), or
c
under regulations under section 123(1)(c).
4
The person not connected with the HSSIB to whom protected material is disclosed as specified in subsection (3) commits an offence if the person—
a
knowingly or recklessly discloses the protected material to another person without reasonable excuse, and
b
knows or suspects that it is protected material.
5
A person who commits an offence under this section is liable on summary conviction to a fine.