Victorian Current Acts Victorian Current Acts(1) A lawyer commits an offence if—
(a) the detainee contacts the lawyer under section 13AZV or a person with whom the detainee has contact under section 13AZZ contacts the lawyer for a purpose for which the detainee is entitled to contact a lawyer under section 13AZV ; and
(b) the lawyer intentionally discloses to another person—
(i) the fact that a police detention decision has been made in relation to the detainee; or
(ii) the fact that the detainee is being detained under this Part; or
(iii) any information that the detainee or other person gives the lawyer in the course of the contact; and
(c) the disclosure occurs while the detainee is being detained under this Part; and
(d) the disclosure is not made for the purposes of—
(i) a proceeding in a court for a remedy relating to—
(A) the police detention decision made in relation to the detainee; or
(B) the treatment of the detainee while in detention under this Part; or
(ii) a proceeding in a court relating to an application for a preventative detention order, a prohibited contact order or a counter-terrorism intelligence protection order; or
(iii) a complaint to the Ombudsman under the Ombudsman Act 1973 , a complaint to the IBAC under Part 9 of the Victoria Police Act 2013 , a complaint under section 52 of the Independent Broad-based Anti‑corruption Commission Act 2011 or an investigation by the IBAC under Part 3 of that Act in relation to—
(A) the making of the police detention decision; or
(B) the treatment of the detainee by a police officer while in detention under this Part; or
(iv) communicating with the Commission for Children and Young People in relation to the performance or exercise of the Commission's functions or powers under or in relation to this Part; or
(v) making representations to the nominated senior police officer in relation to the detainee, or another police officer involved in the detainee's detention, about—
(A) the exercise of powers under this Part; or
(B) the performance of obligations in relation to the detainee's detention under this Part; or
(C) the treatment of the detainee while in detention under this Part.
Penalty: Level 6 imprisonment (5 years maximum).
(2) To avoid doubt, a lawyer does not contravene subsection (1) merely by letting another person know that the detainee is safe but is not able to be contacted for a specified period.
S. 13AZZR inserted by No. 32/2018 s. 9.