Permitted use of local protected information
53 Permitted use of local protected information
(1) Local protected information may be used, communicated or published if it is necessary to do so for any of the following purposes:
(a) the investigation of an offence;
(b) the making of a decision whether or not to bring a relevant proceeding for an offence;
(c) a relevant proceeding for an offence;
(d) an investigation of a complaint against, or the conduct of, a public officer under this Act or a corresponding law;
(e) the making of a decision in relation to the appointment, re‑appointment, term of appointment, termination or retirement of a person mentioned in paragraph (d);
(f) the keeping of records and the making of reports by a law enforcement agency or the ICAC under Division 2;
(g) an inspection by the Commonwealth Ombudsman under a provision of a corresponding law that corresponds to section 63 or 65;
(h) an investigation of a complaint under the Information Act 2002
or a law of a participating jurisdiction or the Commonwealth about the privacy of personal information;
(i) to make a protected communication (as defined in section 4 of the ICAC
Act) to the ICAC;
(j) to deal with an allegation of improper conduct.
(2) Subsection (1)(a), (b) and (c) do not authorise the use, communication or publication of protected information in relation to an emergency authorisation unless the use of powers under the authorisation has been approved under section 39.
(3) A reference in subsection (1) to an offence (whether of this jurisdiction or another jurisdiction) is a reference to an offence, whether or not the offence for which the relevant warrant or emergency authorisation was issued or given.
(4) Local protected information that is information obtained from the use, in accordance with section 14A, of body-worn video by a police officer may also be used, communicated or published:
(a) in connection with the exercise of a law enforcement function by a police officer; or
(b) in connection with education and training of police officers; or
(c) for a purpose prescribed by regulation.
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
This Act’s bill:Explanatory statementSecond reading speech
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