Improper copying or circulation of sensitive evidence
281FF Improper copying or circulation of sensitive evidence
A person who has possession of sensitive evidence that is health evidence must not copy, or permit a person to copy, the sensitive evidence, or give possession of the sensitive evidence to another person, except—
for the legitimate purposes of a criminal investigation or criminal proceedings, or
if the person is a public official, in the proper exercise of the person’s public official functions (including any functions relating to education or training).
Maximum penalty—100 penalty units, or 2 years imprisonment, or both.
For the purposes of this section, any sensitive evidence in the possession of a person is health evidence if—
the person was given possession of the sensitive evidence by a health authority, or by a prosecuting authority exercising functions on behalf of a health authority, in or in connection with a criminal investigation or criminal proceedings, or
the person is a public official who created, or obtained possession of, the sensitive evidence in the exercise of, or as a result of an opportunity that arose in the exercise of, public official functions in or in connection with a criminal investigation or criminal proceedings.
A person cannot be found guilty of an offence against this section and an offence against section 281F in respect of the same act or omission.
In this section—
public official has the same meaning as in the Independent Commission Against Corruption Act 1988.
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