Unlawful disclosures—public records
11 Unlawful disclosures—public records
A person is guilty of an offence if—
the person has access to records of convictions kept by or on behalf of a public authority; and
the person discloses information about a spent conviction that the person has gained on account of that access; and
the person knew, or ought reasonably have known, at the time of the disclosure, that the information was about a spent conviction. Maximum penalty: Maximum penalty: $10 000.
It is a defence to a charge for an offence against subsection (1) to prove—
that the disclosure was made with the consent of the person whose conviction is spent; or
that—
the person who made the disclosure believed in good faith that the disclosure was within the ambit of an exclusion from the operation of this section under Schedule 1; and
the disclosure occurred in circumstances where steps had been taken to avoid any breach of subsection (1) by putting in place any systems or safeguards that might reasonably be expected to be provided.
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