Confidentiality of criminal history information
38 Confidentiality of criminal history information
This section applies to a person who possesses criminal history information because the person is or was an officer, employee or agent of the department.
The person must not, directly or indirectly, disclose the criminal history information to any other person unless the disclosure is permitted under subsection (3).
Maximum penalty—100 penalty units.
The person is permitted to disclose the criminal history information to another person—
to the extent necessary to perform the person’s functions under this Act; or
if the disclosure is authorised under an Act; or
if the disclosure is otherwise required or permitted by law; or
if the person to whom the information relates consents to the disclosure; or
if the disclosure is in a form that does not identify the person to whom the information relates; or
if the information is, or has been, lawfully accessible to the public.
The chief executive must ensure a document containing criminal history information is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.
In this section—
criminal history information means—
a report given to the chief executive under section 36; or
a notice given to the chief executive under section 37.
This Act’s bill:Explanatory memorandumSecond reading speech
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