Victorian Consolidated Legislation

Corrections Act 1986 - SECT 30I

Offence to publish information disclosed under section 30A in electronic or print media

30I. Offence to publish information disclosed under section 30A in electronic
or print media





(1) A person must not publish in the electronic or print media or cause to be
published in the electronic or print media any information relating to the
personal affairs of a prisoner or offender if that person knows that the
information has been disclosed under section 30A.

Penalty: 60 penalty units, in the case of a natural person; 1200 penalty
units, in the case of a body corporate.

(2) A person must not, for the purposes of publication in the electronic or
print media, solicit or obtain any information relating to the personal
affairs of a prisoner or offender, being information which has been disclosed
under section 30A from-

   (a)  a person included on the victims register or that person's nominee (if
        any); or

   (b)  a person who has previously been included on the victims register or
        that person's nominee (if any).

Penalty: 60 penalty units, in the case of a natural person; 1200 penalty
units, in the case of a body corporate.

(3) A person included on the victims register, a person who has previously
been included on the victims register or the nominee of either of those
persons must not disclose any information relating to the personal affairs of
a prisoner or offender which has been disclosed to that person under section
30A if that person reasonably believes that the information is likely to be or
will be published in the electronic or print media or caused to be published
in the electronic or print media.

Penalty: 60 penalty units.

(4) Nothing in this section prevents-

   (a)  a nominee of a person included on the victims register disclosing
        information to the person on whose behalf information has been
        disclosed under section 30A by the Secretary to the nominee; or

   (b)  a person included on the victims register or a nominee of a person
        included on the victims register from disclosing information disclosed
        under section 30A by the Secretary to an authorised person.





(5) In this section-

authorised person means-

   (a)  in the case of a person included on the victims register, a family
        member within the meaning of section 30A(1);

   (b)  a member of the police force, the DPP or a person employed in the
        Office of Public Prosecutions established under the
        Public Prosecutions Act 1994 if that member or person is investigating
        an offence;

   (c)  a medical practitioner registered under the
        Health Professions Registration Act 2005 in the course of treatment of
        a person included on the victims register in relation to a condition
        or issues arising from that person being a victim of a criminal act of
        violence;

   (d)  a psychologist registered under the
        Health Professions Registration Act 2005 in the course of treatment of
        a person included on the victims register in relation to a condition
        or issues arising from that person being a victim of a criminal act of
        violence;

   (e)  a lawyer in the course of consulting that lawyer for legal advice;
        Director of Public Prosecutions means the Director of Public
        Prosecutions appointed under section 87AB of the Constitution Act
        1975; information relating to the personal affairs of a prisoner or an
        offender includes information, including photographs, fingerprints,
        samples and results of tests-

   (a)  that identifies the prisoner or offender 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.