Victorian Consolidated Legislation

Corrections Act 1986 - SECT 30

Secrecy

30. Secrecy



(1) In this section-

confidential information means-

   (a)  information relating to the classification of a prisoner given to the
        Secretary or to the classification committee established under the
        Corrections Regulations 1988; or

   (b)  information given to the Adult Parole Board that is not disclosed in a
        decision of the Board or in any reasons given by the Board for a
        decision of the Board; or

   (c)  information given to an official visitor as an official visitor; or

   (d)  information relating to the personal affairs of a prisoner; or

   (e)  information concerning procedures or plans to be adopted or followed
        in a prison in the event of an emergency; or

   (f)  information concerning the management of, or the operation of security
        measures in, or in relation to, a prison; or

   (g)  information concerning the investigation of a breach or possible
        breach of the law by-

   (i)  a prisoner; or

   (ii) an officer within the meaning of Part 5; or

   (iii) a person authorised under section 9A to exercise a function or power;
        or

   (h)  information contained in a report given to a court that is not
        disclosed in a decision of the court or in any reasons given by the
        court for a decision of the court; or

   (i)  information of a business, commercial or financial nature relating to-

   (i)  the provision of services referred to in section 8B(1) or 9(1); or

   (ii) an agreement entered into under section 8B(1) or 9(1) or a
        sub-contract agreement under that agreement;

information includes photographs, fingerprints, samples and results of tests;

information relating to the personal affairs of a prisoner includes
information-

   (a)  that identifies the prisoner or discloses his or her address or
        location; or

   (b)  from which any other person's identity, address or location can
        reasonably be determined- but does not include information that is in
        the public domain;

position means any of the following-

   (a)  a position as an officer within the meaning of Part 5;

   (b)  a delegate of the Secretary or a Governor;

   (c)  a person authorized to exercise the functions or powers of a prison
        officer or a medical officer;

   (d)  a position of being a person authorised under section 9A to exercise
        functions or powers.

(2) A person who holds or has held a position must not, except to the extent
necessary to perform official duties powers or functions of that position,
record, disclose, communicate or make use of confidential information.

Penalty: 5 penalty units.

(3) Subsection (2) does not prevent a person from-

   (a)  giving evidence or producing a document to a court in the course of
        criminal proceedings or proceedings under this Act, even though the
        evidence or document contains confidential information; or

   (b)  disclosing or communicating confidential information in accordance
        with the written authority of the Minister or the person to whom the
        information relates; or

   (c)  disclosing or communicating confidential information to the Ombudsman
        or the Ombudsman's officers; or





   (d)  disclosing confidential information that is a photograph to a person
        who holds a position or is a member of the police force, if the
        disclosure is made to assist the person to perform official duties; or

   (daa) recording, accessing, disclosing, communicating or making use of
        information-

   (i)  relating to the personal affairs of a prisoner; or

   (ii) concerning the investigation of a breach or possible breach of the law
        by a prisoner- on a computerised database in the performance of the
        person's official duties if-

   (iii) the person holds a position other than as a volunteer; and

   (iv) the Minister has given written authority under subsection (4) that
        applies to the person; or

   (da) disclosing information under section 30A; or





   (db) disclosing information to persons included on the victims register for
        the purposes of making victim submissions; or

   (dc) disclosing to a member of the police force or an AFP member (within
        the meaning of Part 5.3 of the Criminal Code of the Commonwealth)
        information relating to a prisoner, if the disclosure is made for the
        purpose of-

   (i)  implementing or enforcing an order referred to in section 6(ca) under
        which the prisoner is being detained; or

   (ii) the security or good order of the prison or the safety or welfare of
        the prisoner; or

   (dd) disclosing information under section 104Y, 104Z or 104ZA; or



   (e)  disclosing confidential information to the extent specifically
        authorised by another Act.



(4) The Minister may, by instrument in writing, authorise persons, or classes
of persons, specified in the authority, who hold a position, other than as
volunteers, to record, access, disclose, communicate or make use of, for the
performance of their official duties, confidential information, or classes of
confidential information, of a kind referred to in subsection (3)(daa) on a
computerised database specified in the authority that is able to be accessed
by-

   (a)  persons holding a position, other than as volunteers; or

   (b)  officers within the meaning of section 85; or

   (c)  members of the police force.

(5) Nothing in this section prevents the recording or accessing and using of
health information within the meaning of the Health Records Act 2001 in
accordance with that Act.