Victorian Consolidated Legislation

Police Regulation Act 1958 - SECT 127A

Unauthorized disclosure of information and documents

127A. Unauthorized disclosure of information and documents





(1) A person who is a member of police personnel must not access, make use of
or disclose any information that has come into his or her knowledge or
possession, by virtue of his or her office or by virtue of performing his or
her functions as a member of police personnel, if it is the member's duty not
to access, make use of or disclose the information.

Penalty: 240 penalty units or imprisonment for 2 years or both.

(1AA) In any proceedings for an offence against subsection (1), it is a
defence if the person charged with the offence took reasonable steps not to
access, make use of or disclose the information.

(1AB) A person who is a member of police personnel must not access, make use
of or disclose any information that has come into his or her knowledge or
possession, by virtue of his or her office or by virtue of performing his or
her functions as a member of police personnel, if it is the member's duty not
to access, make use of or disclose the information, and if the person knows,
or is reckless as to whether, the information may be used (whether by the
person or any other person) to-

   (a)  endanger the life or safety of any person; or

   (b)  commit, or assist in the commission of an indictable offence; or

   (c)  impede or interfere with the administration of justice.

Penalty: 600 penalty units or imprisonment for 5 years or both.

(1AC) An offence against subsection (1AB) is an indictable offence.



(1A) Subsection (1) does not prevent a member of the police force from
accessing, making use of or disclosing any fact or document referred to in
that subsection, whether obtained before or after the commencement of section
11 of the Criminal Justice Legislation (Miscellaneous Amendments) Act 2002, on
a computerised database in the performance of official duties if the Chief
Commissioner of Police has given written authority under subsection (1B) that
applies to the member.

(1B) The Chief Commissioner of Police may, by instrument in writing, authorise
members, or classes of members, of the police force specified in the
authority, to access, make use of or disclose, for the performance of their
official duties, information, or classes of information, referred to in
subsection (1) on a computerised database specified in the authority that is
able to be accessed by-

   (a)  members of the police force; or

   (b)  persons holding a position within the meaning of section 30 of the
        Corrections Act 1986, other than as volunteers; or

   (c)  officers within the meaning of section 85 of the Corrections Act 1986.

(1C) Nothing in subsection (1A) prevents the accessing, making use of or
disclosing of health information within the meaning of the
Health Records Act 2001 in accordance with that Act.



(1D) Subsection (1) does not prevent a member of the force from disclosing
vehicle accident information in accordance with Part VIB.

(1E) In subsection (1D) vehicle accident information has the same meaning as
in section 118L.



(1F) Subsection (1) does not prevent a member of the police force from
disclosing to the operator or driver of a tow truck, within the meaning of the
Accident Towing Services Act 2007, or a person who manages a depot, within the
meaning of that Act,, in connection with the towing of a vehicle by a tow
truck, information disclosed under section 92(3)(da) of the
Road Safety Act 1986 and such a disclosure by a member of the police force is
authorised for that purpose.

(2) A person who is a former member of police personnel must not access, make
use of or disclose any information that has come into his or her knowledge or
possession, by virtue of his or her office or by virtue of performing his or
her functions as a member of police personnel, if it is the former member's
duty not to access, make use of or disclose the information.

Penalty: 240 penalty units or imprisonment for 2 years or both.

(3) In any proceedings for an offence against subsection (2), it is a defence
if the person charged with the offence took reasonable steps not to access,
make use of or disclose the information.

(4) A person who is a former member of police personnel must not access, make
use of or disclose any information that has come into his or her knowledge or
possession, by virtue of his or her office or by virtue of performing his or
her functions as a member of police personnel, if it is the former member's
duty not to access, make use of or disclose the information, and if the person
knows, or is reckless as to whether, the information may be used (whether by
the person or any other person) to-

   (a)  endanger the life or safety of any person; or

   (b)  commit, or assist in the commission of an indictable offence; or

   (c)  impede or interfere with the administration of justice.

Penalty: 600 penalty units or imprisonment for 5 years or both.

(5) An offence against subsection (4) is an indictable offence.