Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 42D

Disclosure of certain information relating to registrable offender in certain circumstances

    (1)     This section applies if the Secretary receives information about a registrable offender under section 42B(1) or 42C(1) that includes information of a kind referred to in subsection (2)(a) to (d).

    (2)     The Secretary or an authorised person may disclose the following information to any other person if the Secretary or authorised person believes on reasonable grounds that the disclosure of the information to that person is in the interests of the safety and wellbeing of the child referred to in the information—

        (a)     the registrable offender's name;

        (b)     details of each offence of which the registrable offender has been found guilty that resulted in the making of a sex offender registration order;

        (c)     the date on which the registrable offender was sentenced for any registrable offence;

        (d)     the length of the reporting period under the Sex Offenders Registration Act 2004 that applies to the registrable offender;

        (e)     any other information that the Secretary or authorised person believes on reasonable grounds is in the interests of the safety and wellbeing of the child.

    (3)     Before acting under subsection (2), the Secretary or authorised person must take reasonable steps to notify the registrable offender of the Secretary or authorised person's intention to act under that subsection unless the Secretary or authorised person believes on reasonable grounds that doing so would endanger the life or safety of any person.

    (4)     An authorised person must not act under subsection (2) other than in accordance with the terms of their authorisation.

Penalty:     60 penalty units or 6 months imprisonment or both.

    (5)     Subsection (2) applies despite anything to the contrary in this or the Sex Offenders Registration Act 2004 .

S. 42E inserted by No. 82/2014 s. 28.



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