South Australian Current Acts South Australian Current Acts (a1) The Board must
not disclose information or evidence provided by a medical practitioner or
psychologist in connection with the performance of the Board's functions or
powers under this Act, unless the presiding member of the Board has authorised
the disclosure.
(a2) A person must not
disclose—
(a)
protected information; or
(b)
information the disclosure of which the person reasonably believes would give
rise to a serious risk to the life or safety of a person,
unless authorised to do so by the CE.
Maximum penalty: $20 000.
(1) Without limiting a
preceding subsection, a person must not disclose information relating to a
person who is or has been a prisoner, probationer or parolee, or derived from
the Victims Register, being information obtained (whether by the person or
some other person) in the administration or enforcement of this Act,
except—
(a) as
required or authorised by this Act or any other Act or law; or
(b) as
reasonably required in connection with the administration or enforcement of
this Act or any other prescribed Act; or
(ba) if,
in the opinion of the CE, it is necessary to disclose the information in order
to avert a serious risk to public safety; or
(c) for
the purposes of legal proceedings arising out of the administration or
enforcement of this Act; or
(d) to a
government agency or instrumentality of this State, the Commonwealth or
another State or Territory of the Commonwealth for the purposes of the proper
performance of its functions; or
(e) with
the consent of the prisoner, probationer, parolee or registered victim to whom
the information relates; or
(f) in
accordance with subsection (2).
Maximum penalty: $10 000.
(2) The Board must, in
respect of a prisoner released on parole, notify the Commissioner of Police
of—
(a) the
place of residence of the parolee; and
(b) the
conditions to which the release on parole is subject.
(3) In this
section—
"health practitioner" means a person registered under the Health Practitioner
Regulation National Law to practise in a health profession;
"medical practitioner" means a person registered under the Health Practitioner
Regulation National Law to practise in the medical profession (other than as a
student);
"protected information" means information—
(a)
contained in a report prepared by a health practitioner for the purposes of
assisting the Department in the assessment, placement or management of a
prisoner; or
(b)
relating to the safety or security of a correctional institution; or
(c) the
disclosure of which could reasonably be expected to prejudice a criminal
investigation or national security (within the meaning of the
National Security Information (Criminal and Civil Proceedings) Act 2004
of the Commonwealth);
"psychologist" means a person registered under the Health Practitioner
Regulation National Law to practise in the psychology profession (other than
as a student).