CORRECTIONS MANAGEMENT ACT 2007 - SECT 222 Confidentiality

CORRECTIONS MANAGEMENT ACT 2007 - SECT 222

    (1)     In this section:

"corresponding corrections law" means a law of a State or another Territory declared to be a corresponding corrections law under section 225.

"court" includes a tribunal.

Note     A tribunal includes any entity authorised to hear, receive and examine evidence (see Legislation Act

, dict, pt 1).

"divulge" includes communicate.

"person to whom this section applies" means a person who—

        (a)     exercises, or has exercised, a function under this Act; or

        (b)     is, or has been, otherwise involved in the administration of this Act.

"produce" includes allow access to.

"protected information" means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of—

        (a)     the exercise of a function under this Act by the person or someone else; or

        (b)     the involvement of the person, or someone else, in the administration of this Act.

    (2)     A person to whom this section applies commits an offence—

        (a)     if the person—

              (i)     makes a record of protected information about someone else; and

              (ii)     is reckless about whether the information is protected information about someone else; or

        (b)     if the person does something that divulges protected information about someone else and is reckless about whether—

              (i)     the information is protected information about someone else; and

              (ii)     doing the thing would result in the information being divulged to someone else.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (3)     Subsection (2) does not apply if the record is made, or the information is divulged, by the person as follows:

        (a)     under this Act or another territory law;

        (b)     in relation to the exercise of a function under this Act or another territory law;

        (c)     for the Crimes (Sentencing) Act 2005

, section 136 (Information exchanges between criminal justice entities);

        (d)     to a person exercising a function under, or otherwise involved in the administration of, a corresponding corrections law;

        (e)     to a law enforcement agency;

Note     Law enforcement agency is defined in the dictionary.

        (f)     to an entity prescribed by regulation;

        (g)     otherwise in relation to the administration of this Act or another territory law.

    (4)     Subsection (2) does not apply to the divulging of protected information about someone—

        (a)     with the person's consent; or

        (b)     if authorised by the director-general under subsection (5); or

        (c)     if the information only tells someone of the place where a detainee is held in detention; or

        (d)     if the information is disclosed under a regulation.

    (5)     The director-general may, in writing, authorise the divulging of protected information about a person if the director-general believes, on reasonable grounds, that divulging the information is—

        (a)     necessary to protect someone whose life or safety is in danger; or

        (b)     otherwise in the public interest.