Intelligence and Security Act 2017

Oversight of intelligence and security agencies - Inspector-General of Intelligence and Security - Procedure for inquiries

180: Disclosure of information may be required despite obligation of secrecy

You could also call this:

"You must tell the Inspector-General secrets if they ask, even if you're supposed to keep them quiet."

Illustration for Intelligence and Security Act 2017

If you have to keep something secret because of a law or a rule, you might still have to tell the Inspector-General about it. You might have to answer the Inspector-General's questions or give them information, documents, or things. This means you have to tell the Inspector-General even if it seems like you're not supposed to.

If you tell the Inspector-General something you're supposed to keep secret, you won't get in trouble for breaking the secrecy rule. You will be doing what you're supposed to do.

This rule has some limits, which are explained in section 181.

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179: Power to require information and documents, or

"The Inspector-General can ask for information and documents to help with an inquiry."


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181: Protection and privileges of witnesses, or

"Keeping you safe when you give information to the Inspector-General"

Part 6Oversight of intelligence and security agencies
Inspector-General of Intelligence and Security: Procedure for inquiries

180Disclosure of information may be required despite obligation of secrecy

  1. A person who is obliged by the provisions of an enactment or otherwise to maintain secrecy in relation to, or not to disclose, any matter may be required to do the following even if compliance with the requirement would otherwise breach the obligation of secrecy or non-disclosure:

  2. give evidence to, or answer questions put by, the Inspector-General:
    1. provide information, documents, or things to the Inspector-General.
      1. Compliance with a requirement under subsection (1) is not a breach of the relevant obligation of secrecy or non-disclosure or of any enactment by which that obligation is imposed.

      2. This section is subject to section 181.

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