Tasmanian Numbered Acts

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JUSTICE MISCELLANEOUS (COMMISSIONS OF INQUIRY) ACT 2021 (NO. 4 OF 2021) - SECT 32

Section 22 amended (Confidentiality)
Section 22 of the Principal Act is amended as follows:
(a) by inserting the following paragraph after paragraph (b) in subsection (4A) :
(ba) if the information is provided as part of a Commission established under the Commissions of Inquiry Act 1995 ; or
(b) by inserting the following subsections after subsection (4A) :
(4B)  Subsection (1) does not apply to the provision of information in relation to a youth –
(a) to a person involved in the action or proceedings, taken in respect of the youth, other than the youth or the victim of the offence; or
(b) to a person seeking to bring an action, whether criminal or civil, if –
(i) the person to whom the information relates is an intended defendant to the action or an alleged perpetrator in respect of the matter to which the action relates; and
(ii) the information is relevant to that action; or
(c) to a person responding, on behalf of the State, to an action, whether criminal or civil and whether proposed or commenced, against the State if the information is relevant to that action; or
(d) to a person undertaking an employment screening or review process, or disciplinary investigations or proceedings, in respect of the person to whom the information relates if the person to whom the information relates is –
(i) an employee or contractor, or prospective employee or contractor, of the person to whom the information is provided; or
(ii) a volunteer or assistant, or prospective volunteer or assistant, whether paid or unpaid, of an organisation of which the person, to whom the information is provided, is in a position of management or control.
(4C)  Subsection (1) does not apply to the provision of information in relation to a youth if the information –
(a) is provided to a person –
(i) seeking to bring an action, whether criminal or civil; or
(ii) responding, on behalf of the State, to an action, whether criminal or civil and whether proposed or commenced; or
(iii) undertaking an employment screening or review process, or disciplinary investigations or proceedings; and
(b) in the case of information provided to a person referred to in paragraph (a)(i) or (ii) , the information –
(i) is relevant to the action; and
(ii) does not disclose the identity of, or lead to the identification of, a person other than an intended defendant to the action or an alleged perpetrator in respect of the matter to which the action relates; and
(c) in the case of information provided to a person referred to in paragraph (a)(iii) , the information –
(i) is relevant to the employment screening or review process, or disciplinary investigations or proceedings, being undertaken by the person to whom the information is provided; and
(ii) does not disclose the identity of, or lead to the identification of, a person other than the person being screened or reviewed or the subject of those disciplinary investigations or proceedings.
(4D)  Information provided under subsection (4B)(c) or (d) is subject to the rules of procedural fairness in respect of the person whose information is so provided.



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