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CHILD PROTECTION (OFFENDER REPORTING) AND OTHER LEGISLATION AMENDMENT ACT 2017 - SECT 34

Insertion of new ss 74C–74J

34 Insertion of new ss 74C–74J

After section 74B—
insert—

74C Review of Act
(1) The Crime and Corruption Commission must—
(a) review the operation of this Act; and
(b) prepare a report on the review.
(2) The conduct of the review, and the preparation of the report, is a function of the Crime and Corruption Commission for the Crime and Corruption Act 2001 .
(3) The review must be started as soon as practicable after 5 years after the commencement.
(4) The Crime and Corruption Commission must give a copy of the report to the Speaker for tabling in the Legislative Assembly.
74D Giving information to police commissioner
(1) For the purposes of this Act, the police commissioner may direct an entity to give the police commissioner any information about a reportable offender, including about an order made under this Act in relation to the offender, held by the entity that is relevant to—
(a) deciding whether an application for an order under this Act should be made; or
(b) the making of an order under this Act; or
(c) amending or revoking an order under this Act; or
(d) serving an application or order under this Act; or
(e) investigating an alleged breach of this Act or an order under this Act.
(2) The direction must—
(a) be given in writing; and
(b) state the day on or before which the information must be given.
(3) The entity is authorised and, despite any other Act, required to give the information sought by the direction to the police commissioner.
(4) However, the entity is not required to give the information if the information is subject to legal professional privilege.
(5) This section does not apply to the following entities—
(a) the chief executive of the department in which the Hospital and Health Boards Act 2011 is administered;
(b) a Hospital and Health Service under that Act.�
(6) In this section—

"entity" includes a government entity.
74E Police commissioner may give information to government and other entities
(1) For the purposes of this Act, the police commissioner may give the following information about a reportable offender, including about an order made under this Act in relation to the offender, to an entity
(a) the offender’s name and date of birth;
(b) the term of any order;
(c) the conduct by the offender that any order prohibits;
(d) anything else the police commissioner reasonably considers is necessary to allow the entity to identify the offender to ensure the safety of—
(i) a child or children in the entity’s care; or
(ii) the offender.
Example—
a photo of the offender
(2) If—
(a) the police commissioner gives information about an order to an entity; and
(b) the order is later varied or revoked;
the police commissioner must give written notice of the variation or revocation to the entity.
(4) In this section—

"entity" includes a government entity.

"order" includes a registered corresponding order.
74F Disclosing information about offender prohibition orders
(1) This section applies if a prescribed entity is given information about an offender prohibition order under section 74E (1).
(2) The prescribed entity may give the information to a person if the entity reasonably believes the giving of the information is necessary for the person to perform a function for which the person is employed.
(3) Subsection (4) applies if—
(a) a prescribed entity has given information about an offender prohibition order to a person under subsection (2); and
(b) the prescribed entity is given notice of the variation or revocation of the offender prohibition order under section 74E (2).
(4) The prescribed entity must give written notice of the variation or revocation to the person.
(5) A person given information under subsection (2) or (4) must not disclose the information, unless permitted to do so under section 51C or under another Act.
(6) In this section—

"Act" includes an Act of the Commonwealth or another State.

"offender prohibition order" includes a registered corresponding order.

"prescribed entity" means—
(a) the chief executive of a government entity; or
(b) another entity that is wholly or partly funded by the State or the Commonwealth.
74G Chief executive (communities) to be given information about child respondent
(1) For the purpose of giving a report to the court in compliance with a direction of the court under section 13E (2), the chief executive (communities) may ask a government entity to give the chief executive (communities) any information—
(a) held by the government entity; and
(b) relevant for the report.
(2) The request must—
(a) be given in writing; and
(b) state the day on or before which the information is to be given.
(3) The government entity is authorised, despite any other Act, to give the chief executive (communities) the information requested.
74H Duty of persons obtaining information
(1) This section applies to a person who obtains information under sections 74D to 74G .
(2) It is the duty of the person to take all reasonable steps to ensure the information is used or disclosed only for the purpose for which it was obtained.
74I Police commissioner may give information about order to other particular persons To the extent the police commissioner reasonably considers it necessary and appropriate to reduce a risk to the lives or sexual safety of 1 or more children, or of children generally, the police commissioner may give information about an order made under this Act to a person, including, for example—
(a) if the respondent is a child respondent—a parent or guardian of the child respondent; or
(b) a parent or guardian of any child protected by the order.
74J Protection from liability for giving information
(1) This section applies if a person, acting honestly, gives information under this Act.
(2) The person is not liable, civilly, criminally or under an administrative process, for giving the information.
(3) Without limiting subsection (2)—
(a) in a proceeding for defamation, the person has a defence of absolute privilege for disclosing the information; and
(b) if the person would otherwise be required to maintain confidentiality about the information under an Act, the person does not contravene the Act by giving the information.



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