How is privacy handled
Certain people must keep information confidential. This includes the PWSS CEO, IPSC Commissioners, IPSC staff, and consultants working with the IPSC.
It is an offence under the PWSS Act if a person:
- records or shares information and
- obtained that information as part of their work for the IPSC including:
- carrying out duties or powers under the PWSS Act or
- helping someone else to carry out those duties or powers.
For further information, please refer to our privacy policy and privacy collection statement.
Confidentiality
The confidentiality of complaints submitted to the IPSC, and of IPSC investigations, is protected through two mechanisms:
- confidentiality notices and
- statutory secrecy provisions.
Confidentiality notices
Commissioners may issue a confidentiality notice to prevent a person from disclosing, or making a record of, certain information.
These notices are used to:
- protect a fair investigation
- protect the identity of people involved in an investigation or
- prevent the release of sensitive information.
If a confidentiality notice is issued, it will typically be in place for the duration of the investigation and until the matter is finalised. This includes the 28-day review period. Outside of this, if a confidentiality notice is extended, it will clearly state the timeframe the notice is in place.
Please note, confidentiality notices only apply to information that has not already been legally made public.
A confidentiality notice is not a non-disclosure agreement. It is in place to protect parties during the course of an investigation and will not be made indefinite.
Statutory secrecy provisions
A person who is or was an entrusted person (the PWSS CEO, an IPSC Commissioner, IPSC staff member or a consultant who has been engaged to assist in the performance of the IPSC’s functions) commits an offence under the Act if:
- The person makes a record of any information, or discloses any information and
- The person obtained the information in the course of, or for the purposes of:
- Performing functions or duties, or exercising powers, under the Act or
- Assisting another person to perform functions or duties, or exercise powers, under the Act.
A failure to comply with these provisions is an offence and can attract a penalty of imprisonment for 6 months or 30 penalty units (or both).
Limits to confidentiality
While the IPSC may require parties to comply with confidentiality notices and expects that they do so, it cannot control individual actions. The IPSC takes reasonable steps to minimise the disclosure of complaint or investigation details, and there are consequences for non‑compliance; however, it cannot guarantee that information will not be shared by others.
Information about the IPSC process must be kept confidential. Sharing this information without authorisation is a criminal offence and may result in up to six months’ imprisonment, a fine of up to 30 penalty units (currently $9,390), or both.
Parliamentarians and MOPs Act employees have additional confidentiality obligations under the Behaviour Codes. Breaches may be dealt with by the IPSC accordingly and additional sanctions may be imposed.
For further information, please refer to the ‘Confidentiality’ and ‘What can the IPSC do with my information’ factsheets.