Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) A person must not threaten to disclose information about another person's annulled conviction.
Penalty:
Fine not exceeding 50 penalty units.
(2) A person with access to official criminal records must not, without lawful authority, disclose any information about another person's annulled conviction held in those records without the consent of that other person.
Penalty:
Fine not exceeding 50 penalty units.
(3) It is not an offence under subsection (2) for a Justice Agency in the proper discharge of the Agency's functions (or for a person who works for a Justice Agency acting in the course of his or her duty) to release information about a person's annulled conviction to –
(a) a court; or
(b) another Justice Agency to enable it to discharge, as the case requires, its legitimate enforcement, prosecutorial, administrative, penal, rehabilitative or other functions or to carry out related research; or
(c) a person or body that, pursuant to section 9(4), seeks the information for the purpose of making a determination in respect of –
(i) an application for an appointment, post, status or privilege referred to in Schedule 1; or
(ii) an application for registration or enrolment associated with or required for the gaining of any such appointment, post, status or privilege; or
(d) a person carrying out research into sentencing, criminal justice or related matters, whether for academic, professional or other purposes; or
(e) the Tasmania Law Reform Institute or a law reform body of the Commonwealth or another State; or
(f) a prescribed person.
(4) It is not an offence under subsection (2) for –
(a) an archive or library (or a person who works in an archive or library acting in the course of his or her duty) to release, in accordance with its normal procedures, material containing information about annulled convictions to a member of the public or to another archive or library if it is material that is normally available for public use; or
(b) a court (or a registrar, administrator or other officer of a court acting in the course of his or her duty) to release, in accordance with the court's normal procedures, material containing information about annulled convictions to a member of the public if it is material that is normally available for public use.
(5) It is a defence to a charge for an offence against subsection (2) to show that the defendant acted in good faith in the honest belief that –
(a) he or she had lawful authority to disclose the information; or
(b) the conviction had not been annulled; or
(c) the convicted person had consented to the disclosure of the information.