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SENTENCING ACT 1991 - SECT 48LB

Confidentiality of personal information

    (1)     A person must not use or disclose any personal or confidential information obtained as a result of the electronic monitoring of an offender carried out under an electronic monitoring requirement attached to a monitored condition subject to a community correction order, unless that use or disclosure is authorised under this section.

Penalty:     120 penalty units.

    (2)     A person may use or disclose personal or confidential information obtained as a result of the electronic monitoring of an offender carried out under an electronic monitoring requirement attached to a monitored condition subject to a community correction order, in the following circumstances—

        (a)     if the use or disclosure is reasonably necessary for the person to perform his or her duties, functions or powers in relation to a community correction order;

        (b)     if the use or disclosure is reasonably necessary for the preparation for, conduct of or participation in, proceedings in any court in relation to a community correction order;

        (c)     if the use or disclosure is for the purpose of the administration or enforcement of an order of a court under this Act;

        (d)     with the authorisation, or at the request, of the person to whom the information relates;

        (e)     if the use or disclosure is authorised by the Minister or the Minister administering the Corrections Act 1986 ;

        (f)     if the disclosure is to the Secretary;

        (g)     if the disclosure is to an Ombudsman officer within the meaning of the Ombudsman Act 1973 ;

S. 48LB(2)(ga) inserted by No. 23/2017 s. 43.

        (ga)     if the use or disclosure is by an information sharing entity and is authorised under Part 5A of the Family Violence Protection Act 2008 ;

S. 48LB(2)(gb) inserted by No. 11/2018 s. 39.

        (gb)     if the use or disclosure is by an information sharing entity or a restricted information sharing entity within the meaning of the Child Wellbeing and Safety Act 2005 and is authorised under Part 6A of that Act;

        (h)     if the use or disclosure is to a lawyer for the purpose of obtaining legal advice or representation in relation to the administration or operation of this Act;

              (i)     if the information is already in the public domain;

        (j)     to the extent reasonably necessary for any other law enforcement purposes including the detection, investigation or prosecution or prevention of contraventions of the law;

        (k)     if the use or disclosure is specifically authorised or required by or under this or any other Act.

    (3)     In this section, "personal or confidential information" includes the following—

        (a)     information relating to the personal affairs of a person who has been or is an offender;

        (b)     information—

              (i)     that identifies any person or discloses his or her address or location or a journey made by the person; or

              (ii)     from which any person's identity, address or location can reasonably be determined;

        (c)     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;

        (d)     information concerning the investigation of a contravention or possible contravention of the law by the offender.

Pt 3A Div. 5 (Heading) inserted by No. 65/2011 s. 21.

Division 5—Variation etc. of order

S. 48M inserted by No. 65/2011 s. 21.



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