Section 316 should be abolished. The terms of the section are so wide that it intrudes into a range of confidential relationships. The social utility of the section is outweighed by the potential for harm to these valuable relationships.

Section 316 should be amended so that the offence is only made out when the defendant accepts or agrees to accept a benefit in money or money’s worth in return for failing to disclose an offence.

Section 316 should be amended to provide that legal practitioners, medical practitioners / counsellors / psychologists / social workers and priests who acquire information about serious offences in the course of their profession or vocation are not guilty of an offence for failing to disclose it, in accordance with the doctrine of privilege. The section should also be amended to provide that engaging in genuine research constitutes a reasonable excuse for concealment of information about serious offences from the police.