Corrections Act 1997

In this section – confidential information means – information relating to the classification of a prisoner given to the Director or to the classification committee established under the regulations; or information given to the Board that is not disclosed in a decision of the Board or in any reasons given by the Board for a decision of the Board; or information given to an official visitor as an official visitor; or information given to the Custodial Inspector for the purposes of the Custodial Inspector Act 2016; or information relating to the personal affairs of a prisoner or detainee; or information concerning procedures or plans to be adopted or followed in a prison in the event of an emergency; or information concerning the management of, or the operation of security measures in, or in relation to, a prison; or information concerning the investigation of a breach or possible breach of the law by a prisoner, a correctional officer or a State Service corrections employee; or information contained in a report given to a court that is not disclosed in a decision of the court or in any reasons given by the court for a decision of the court; information includes photographs, fingerprints, samples and results of tests; position means any of the following:a position as a correctional officer, a probation officer or a person appointed or employed for the purposes of this Act; a delegate of the Director; a person authorised to perform or exercise the functions or powers of a correctional officer.

A person who holds or has held a position must not, except to the extent necessary to perform the official duties, powers or functions of that position, record, disclose, communicate or make use of confidential information. Fine not exceeding 5 penalty units.

Subsection (2) does not prevent a person from – giving evidence or producing a document to a court in the course of criminal proceedings or proceedings under this Act, even though the evidence or document contains confidential information; or disclosing or communicating confidential information in accordance with the written authority of the Minister or the person to whom the information relates; or disclosing or communicating confidential information to the Ombudsman or an officer of the Ombudsman; or disclosing or communicating confidential information to the Implementation Monitor, within the meaning of the Child Safety Reform Implementation Monitor Act 2024, in accordance with that Act; or disclosing confidential information that is a photograph to a person who holds a position or is a police officer, if the disclosure is made to assist the person to perform official duties; or disclosing confidential information to the extent specifically authorised by another Act; or disclosing information approved by the Director to a victim of crime.