Confidentiality of criminal history information
42 Confidentiality of criminal history information
This section applies to a person who—
is, or has been—
the Minister or a member of the Minister’s staff; or
a public service employee performing functions under, or relating to the administration of, this division; and
in that capacity, has acquired or has access to criminal history information.
The person must not disclose the criminal history information to anyone else, or use the information, other than under this section.
Maximum penalty—100 penalty units.
The person may disclose or use the criminal history information—
to the extent the disclosure or use—
is necessary to perform the person’s functions under, or relating to the administration of, this Act; or
is otherwise required or permitted under this Act or another law; or
with the consent of the person to whom the information relates.
A person who possesses a report given under section 41B or a notice given under section 41C must ensure the report or notice is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.
Subsection (4) applies despite the Public Records Act 2023.
In this section—
criminal history information means information contained in—
a report given under section 41B; or
a notice given under section 41C.
disclose includes give access to.
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