Western Australian Consolidated Acts

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YOUNG OFFENDERS ACT 1994 - SECT 17

17 .         Confidentiality

        (1)         Except as provided in this section, a person who directly or indirectly divulges any personal information obtained by reason of any function that person has, or at any time had, in the administration of this Act or any provision repealed by this Act commits an offence.

        Penalty: $6 000 and imprisonment for 2 years.

        (2)         Subsection (1) does not apply to the divulging of information —

            (a)         in the course of performing a function under this Act that requires the information to be divulged;

            (b)         under this Act or another law;

            (c)         for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence;

            (d)         in a manner that could not reasonably be expected to lead to the identification of any person to whom the information relates; or

            (e)         with the consent of the person to whom the information relates, or each of them if there be more than one.

        (3)         If a person proposes to commence a civil action against a young person who is being or has been dealt with in the Children’s Court for an offence for compensation for any damage or loss suffered as a result of the offence, the appropriate officer of that Court shall, unless there is good reason not to, divulge to that person —

            (a)         the name of the young person; and

            (b)         the last known residential address of the young person.

        (4)         A person who uses information received under subsection (3) for any purpose other than commencing a civil action against the young person commits an offence.

        Penalty: $6 000 and imprisonment for 2 years.

        [Section 17 amended by No. 58 of 2004 s. 10.]

        [Heading inserted by No. 58 of 2004 s. 11.]



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