Unlawful disclosure of information concerning extinguished convictions
19G Unlawful disclosure of information concerning extinguished convictions
A person who has access to records of convictions kept by or on behalf of a public authority and who, without lawful authority, discloses to any other person any information concerning an extinguished conviction is guilty of an offence.
Maximum penalty—50 penalty units or imprisonment for 6 months, or both.
It is not an offence for an archive or library (or an authorised officer of an archive or library) to make available to a member of the public, or to another archive or library, in accordance with the normal procedures of the archive or library, material that is normally available for public use and that contains information relating to an extinguished conviction.
It is not an offence for a public authority or other government agency that has a record of an extinguished conviction (or an authorised officer of the authority or agency) to make information about the conviction available to the person who was convicted.
It is not an offence for the Secretary (or any person acting under the direction of the Secretary) to inform the NSW Police Force or any other public authority that holds information regarding convictions that a particular conviction has become an extinguished conviction.
This section has effect despite—
sections 77 (4), 79 (3) and 135 (3) of the Health Practitioner Regulation National Law (NSW), and
any Act that provides that information relating to spent convictions may be disclosed despite this Act.
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