CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 492A Secrecy of security arrangements at youth justice facilities

Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 492A

Secrecy of security arrangements at youth justice facilities

(1) In this section—

"confidential information" means—

(a) information given to the Youth Parole Board that is not disclosed in a decision of the Board or in any reasons given by the Board for a decision of the Board; or

(b) information concerning procedures or plans to be adopted or followed in a youth justice facility in the event of an emergency; or

(c) information concerning the management of, or the operation of security measures in, or in relation to, a youth justice facility; or

(d) information concerning the investigation of a breach or possible breach of the law by—

(i) a detainee; or

(ii) an officer; or

(e) information contained in a report given to a court that is not disclosed in a decision of the court or in any reasons given by the court for a decision of the court; or

(f) information of a business, commercial or financial nature relating to the provision of services within a youth justice facility, if the disclosure of that information may threaten the good order or security of the youth justice facility or any person;

"information" includes photographs, fingerprints, samples and results of tests;

"position" means any of the following—

(a) an officer;

(b) a delegate of the Secretary;

(c) a provider of support services to a detainee or within a youth justice facility, including a provider of those services on a volunteer basis or under a contract of employment or otherwise;

(d) a person employed as a sheriff, deputy sheriff, sheriff's officer or appointed as a deputised person under Part 2 of the Sheriff Act 2009 ;

(e) a person appointed by the Department or an independent body—

(i) to investigate or review a youth justice facility or any aspect of a youth justice facility; or

(ii) to visit a youth justice facility or a detainee.

(2) A person who holds or has held a position must not record, disclose, communicate or make use of confidential information, except to the extent that is reasonably necessary to perform a duty or function of that position, or to exercise a power of that position, under this or any other Act.

Penalty: 5 penalty units.

(3) Subsection (2) does not prevent a person from—

(a) giving evidence or producing a document to a court in the course of criminal proceedings or proceedings under this Act, even though the evidence or document contains confidential information; or

(b) disclosing or communicating confidential information in accordance with the written authority of the Minister or the person to whom the information relates; or

S. 492A(3)(ca) inserted by No. 45/2019 s. 47.

(ca) disclosing or communicating confidential information to the Commission for Children and Young People established under section 6 of the Commission for Children and Young People Act 2012 if the disclosure is made to assist the Commission to perform official duties; or

S. 492A(3)(d) amended by No. 37/2014 s. 10(Sch. item 18.15(a)).

(d) disclosing confidential information that is a photograph to a person who holds a position or is a police officer or a member of the police force or service of another State or Territory, if the disclosure is made to assist the person to perform official duties; or

S. 492A(3)(e) amended by No. 37/2014 s. 10(Sch. item 18.15(b)).

(e) disclosing to a police officer, member of the police force or service of another State or Territory or an AFP member (within the meaning of Part 5.3 of the Criminal Code of the Commonwealth) information relating to a detainee, if the disclosure is made for the purpose of—

(i) implementing or enforcing a preventative detention order (within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003 ) under which the detainee is being detained or an order for the person's detention made under a corresponding preventative detention law within the meaning of that Part; or

(ii) the security or good order of the youth justice facility or the safety or welfare of the detainee; or

(f) disclosing confidential information to the extent specifically authorised by another Act.

(4) Nothing in this section prevents the recording or accessing and using of health information within the meaning of the Health Records Act 2001 in accordance with that Act.

Note