Queensland Numbered Acts

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CHILD PROTECTION (OFFENDER PROHIBITION ORDER) ACT 2008 No. 17 - SECT 41

41 Prohibition on disclosing particular matter

(1) A person who obtains protected information because of the person's involvement in the administration of this Act, including a proceeding under this Act, must not disclose the information to anyone else.

Maximum penalty--2 years imprisonment.

(2) Subsection (1) does not apply to any of the following--

(a) a disclosure authorised by a magistrate or court in a proceeding under this Act;
(b) a disclosure authorised under an offender prohibition order or registered corresponding order;
(c) the disclosure by a person identifying himself or herself as a person mentioned in relation to any matter under this Act;
(d) a disclosure made in a proceeding before a court or tribunal;
(e) a disclosure to a respondent made for the purposes of the administration of this Act or the operation of the relevant offender prohibition order or registered corresponding order;
(f) a disclosure to a police officer, or someone else who is a member of a law enforcement agency of the State or of the Commonwealth or another State, for the purpose of the performance of the police officer's or other person's functions;
(g) a disclosure made for the purpose of an Act the operation of which requires the disclosure;
(h) a disclosure to a person involved in the respondent's assessment and management under an Act;
Example--
a corrective services officer under the Corrective Services Act 2006
(i) a disclosure to a lawyer representing a person who is or was a party to a proceeding under this Act;
(j) a disclosure to anyone else to whom the disclosure is required or permitted to be made under an Act.
Example--
a person to whom the disclosure may be made under part 6

(3) A person must not disclose protected information to another person with intention to incite anyone to intimidate or harass a respondent.

Maximum penalty--2 years imprisonment.

(4) In this section--

Act, in subsection (2)(g) and (h), includes an Act of the Commonwealth or another State.

intimidate or harass includes intimidate or harass whether on 1 or more than 1 occasion and also vilify, persecute, victimise and engage in any act of vigilantism.

proceeding includes an application under this Act and any prosecution for an offence against this Act.

protected information means any of the following--

(a) the name of a respondent;
(b) the name of any victim of a reportable offence committed by a respondent;
(c) the name of any particular person referred to as a person at risk because of the conduct prohibited or proposed to be prohibited by an offender prohibition order or registered corresponding order;
(d) anything else reasonably likely to enable a person mentioned in paragraph (a), (b) or (c) to be identified.

respondent means a respondent for a proposed offender prohibition order, an offender prohibition order, a corresponding order or a registered corresponding order.



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