CRIMINAL PROCEDURE REGULATION 2010 - REG 87 Prohibition on disclosure of information

This legislation has been repealed.

CRIMINAL PROCEDURE REGULATION 2010 - REG 87

87 Prohibition on disclosure of information

(1) A relevant program participant must not disclose the name of, or any other identifying information about, a referred offender or a victim of a referred offender that is obtained in connection with:

(a) the assessment of the appropriateness of the offender's case for being dealt with under the program, or

(b) the assessment of the referred offender's suitability to participate in the program, or

(c) the conduct of the program or an intervention plan arising out of the program.

Maximum penalty: 20 penalty units.

(2) Nothing in subclause (1) prevents a relevant program participant from disclosing the information referred to in that subclause:

(a) to any of the following persons:

(i) the referred offender,

(ii) a senior forum facilitator,

(iii) a forum facilitator,

(iv) any victim of the referred offender,

(v) any police officer responsible for investigating the offence in respect of which the referred offender was referred to the program,

(vi) if the referred offender is subject to a good behaviour bond that requires supervision, a community service order or parole--the referred offender's supervising officer,

(vii) an operations team employee, or

(b) for the purposes of any legal proceedings, or

(c) in accordance with a requirement of the Ombudsman Act 1974 or with any request made by the Ombudsman, or

(d) with other lawful excuse.

(3) Nothing in subclause (1) prevents an operations team employee for a declared place from disclosing the information referred to in that subclause to a person for the purpose of monitoring or evaluating the program.

(4) In this clause:


"identifying information" in relation to a person means any information that identifies the person or that is likely to lead to the identification of the person.


"relevant program participant" means any of the following:

(a) an operations team employee,

(b) a person carrying out an assessment as to whether or not the offender's case is appropriate for being dealt with under the program,

(c) a person carrying out an assessment of a referred offender's capacity and prospects for participating in the program,

(d) a senior forum facilitator,

(e) a forum facilitator,

(f) a person entitled or invited to participate in, or attend, a conference and a person attending any such conference,

(g) a person entitled to consider a draft intervention plan under clause 78 and any person who does so.