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CORRECTIONS ACT 1986 - SECT 30I

Offence to publish information disclosed under section 30A in electronic or print media

S. 30I(1) amended by No. 49/2006 s. 5(11)(a).

    (1)     A person must not publish in the electronic or print media or cause to be published in the electronic or print media any information relating to the personal affairs of a prisoner or offender if that person knows that the information has been disclosed under section 30A.

Penalty:     60 penalty units, in the case of a natural person;

1200 penalty units, in the case of a body corporate.

S. 30I(2) amended by No. 49/2006 s. 5(11)(a).

    (2)     A person must not, for the purposes of publication in the electronic or print media, solicit or obtain any information relating to the personal affairs of a prisoner or offender, being information which has been disclosed under section 30A from—

        (a)     a person included on the victims register or that person's nominee (if any); or

        (b)     a person who has previously been included on the victims register or that person's nominee (if any).

Penalty:     60 penalty units, in the case of a natural person;

1200 penalty units, in the case of a body corporate.

S. 30I(3) amended by No. 49/2006 s. 5(11)(a).

    (3)     A person included on the victims register, a person who has previously been included on the victims register or the nominee of either of those persons must not disclose any information relating to the personal affairs of a prisoner or offender which has been disclosed to that person under section 30A if that person reasonably believes that the information is likely to be or will be published in the electronic or print media or caused to be published in the electronic or print media.

Penalty:     60 penalty units.

    (4)     Nothing in this section prevents—

        (a)     a nominee of a person included on the victims register disclosing information to the person on whose behalf information has been disclosed under section 30A by the Secretary to the nominee; or

        (b)     a person included on the victims register or a nominee of a person included on the victims register from disclosing information disclosed under section 30A by the Secretary to an authorised person.

    (5)     In this section—

S. 30I(5)
def. of authorised person amended by Nos 18/2005 s. 18(Sch. 1 item 22.2), 97/2005 s. 182(Sch. 4 item 13.2), 13/2010 s. 51(Sch. item 16.4), 37/2014 s. 10(Sch. item 32.4).

"authorised person" means—

        (a)     in the case of a person included on the victims register, a family member within the meaning of section 30A(1);

        (b)     a police officer, the DPP or a person employed in the Office of Public Prosecutions established under the Public Prosecutions Act 1994 if that police officer or person is investigating an offence;

        (c)     a registered medical practitioner in the course of treatment of a person included on the victims register in relation to a condition or issues arising from that person being a victim of a criminal act of violence;

        (d)     a person registered as a psychologist under the Health Practitioner Regulation National Law in the course of treatment of a person included on the victims register in relation to a condition or issues arising from that person being a victim of a criminal act of violence;

        (e)     a lawyer in the course of consulting that lawyer for legal advice;

"Director of Public Prosecutions" means the Director of Public Prosecutions appointed under section 87AB of the Constitution Act 1975 ;

S. 30I(5)
def. of information relating to the personal affairs of a prisoner substituted as information relating to the personal affairs of a prisoner or an offender by No. 49/2006 s. 5(11)(b).

"information relating to the personal affairs "
of a prisoner or an offender includes information, including photographs, fingerprints, samples and results of tests—

        (a)     that identifies the prisoner or offender or discloses his or her address or location; or

        (b)     from which any other person's identity, address or location can reasonably be determined—

but does not include information that is in the public domain.



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