Queensland Consolidated Acts

CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) ACT 2004 - SECT 67FE

67FE Prohibition on disclosing protected information

(1) A person who obtains protected information because of the person’s involvement in the administration of part 3A , including a proceeding under part 3A , must not disclose the information to anyone else.

Penalty—

Maximum penalty—2 years imprisonment.

(2) Subsection (1) does not apply to—

(a) a disclosure authorised by a magistrate or court in a proceeding under part 3A ; or

(b) a disclosure authorised under an offender prohibition order or registered corresponding order; or

(c) a disclosure by a person that the person is a respondent; or

(d) a disclosure made in a proceeding before a court or tribunal; or

(e) a disclosure to a respondent made for the purposes of—

(i) the administration of part 3A ; or

(ii) the operation of the relevant offender prohibition order or registered corresponding order; or

(f) a disclosure to a police officer, or someone else who is a member of a law enforcement agency of a State or the Commonwealth, for the purpose of the performance of the police officer’s or other person’s functions; or

(g) a disclosure made for the purpose of an Act the operation of which requires the disclosure; or

(h) a disclosure to a person involved in the respondent’s assessment and management under an Act; or

Example—

a corrective services officer under the Corrective Services Act 2006

(i) a disclosure to a lawyer representing a person who is, or was, a party to a proceeding under part 3A ; or

(j) a disclosure to anyone else to whom the disclosure is required or permitted to be made under an Act; or

(k) if the protected information relates to a child—a disclosure for a purpose directly related to the child’s protection or wellbeing.

(3) A person must not disclose protected information to another person with intention to incite anyone to intimidate or harass a respondent.

Penalty—

Maximum penalty—300 penalty units or 5 years imprisonment.

(4) An offence against subsection (3) is a crime.

(5) In this section—

"Act" includes an Act of the Commonwealth or another State.

"intimidate or harass" includes—

(a) intimidate or harass whether on 1, or more than 1, occasion; and

(b) vilify, persecute, victimise and engage in any act of vigilantism.

"proceeding" includes an application under part 3A and any prosecution for an offence against this Act.

"protected information" means—

(a) the name of a respondent; or

(b) the name of any victim of a reportable offence committed by a respondent; or

(c) the name of any particular person referred to in a proceeding under part 3A as a person at risk because of the conduct prohibited, or proposed to be prohibited, by an offender prohibition order or registered corresponding order; or

(d) anything else reasonably likely to enable a person mentioned in paragraph (a) , (b) or (c) to be identified.

"respondent" means a respondent for a proposed offender prohibition order, an offender prohibition order, a corresponding order or a registered corresponding order.