Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2018

A person to whom this section applies commits an offence if—

the person—

makes a record of protected information about someone else; and

is reckless about whether the information is protected information about someone else; or

the person—

does something that discloses protected information about someone else; and

is reckless about whether—

the information is protected information about someone else; and

doing the thing would result in the information being disclosed to someone else.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Subsection (1) (a) does not apply if the record of protected information about the person is made—

with the person’s consent; or

under this Act or another territory law; or

in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law.

Subsection (1) (b) does not apply if the protected information about the person is disclosed—

with the person’s consent; or

under this Act or another territory law; or

in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law; or

for protected information that is information other than identifying information—to a permitted information recipient; or

for protected information that is identifying information—

to a permitted information recipient; and

by the NPM or a member of staff of the NPM; and

in circumstances where the NPM is satisfied the disclosure is necessary and reasonable in the public interest.

A person to whom this section applies must not publish protected information about a person that is identifying information about the person.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Subsection (4) does not apply if the protected information about the person is published with the person’s consent.

A person to whom this section applies must not be compelled to disclose protected information to a court or produce a document containing protected information to a court.

In this section:

court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.

identifying information, about a person, means information that—

identifies the person; or

allows the person’s identity to be worked out.

permitted information recipient means—

a responsible entity; or

the subcommittee; or

the NPM coordinator; or

an entity that exercises a function under a law of a State, corresponding or substantially corresponding to a function of the NPM.

Note State includes the Northern Territory (see Legislation Act, dict, pt 1).

person to whom this section applies means a person who exercises, or has exercised, a function under this Act.

protected information means information about a person that is disclosed to, or obtained by, the NPM because of the exercise of a function by the NPM or a member of staff of the NPM under this Act.