Criminal Investigation (Identifying People) Act 2002

A person who has access, or has had access, to identifying information obtained under this Act, whether or not in a forensic database, may only disclose the information in these circumstances —

if the person is the person to whom the information relates;

if the person to whom the information relates consents in writing to the disclosure;

for the purpose of the medical treatment of the person to whom the information relates;

if the information is already public;

for a forensic purpose where the investigation or identification is being done by the WA Police or by other law enforcement officers prescribed by the regulations;

for the purpose of a decision as to whether to prosecute an offence;

for the purpose of criminal proceedings for an offence;

for the purpose of the medical treatment of a victim of an offence that the suspect is reasonably suspected to have committed;

for the purpose of an investigation or inquest under the Coroners Act 1996;

for the purpose of civil or disciplinary proceedings that relate to the way in which the identifying procedure that resulted in the information was carried out;

for the purpose of an investigation under the Parliamentary Commissioner Act 1971 into the exercise of any power under this Act;

in accordance with an arrangement entered into under section 91(1);

for the purposes of the Fines, Penalties and Infringement Notices Enforcement Act 1994;

in accordance with the Mutual Assistance in Criminal Matters Act 1987, or the Extradition Act 1988, of the Commonwealth;

for the purposes of the Prohibited Behaviour Orders Act 2010 section 34;

if permitted by, or if covered by an express exception from a prohibition on disclosure in, the Liquor Control Act 1988 section 115AC, 152K, 152NZC, 152NZD, 152NZT, 152NZU, 152ZC, 152ZD or 152ZJ;

for the purposes of the Community Protection (Offender Reporting) Act 2004 section 85F or 85G;

for the purposes of the Criminal Organisations Control Act 2012;

for a purpose prescribed by the regulations.

This section does not apply in relation to information that cannot be used to discover the identity of a person.

A person who has access, or has had access, to identifying information obtained under this Act, whether or not in a forensic database, must not disclose the information except as provided by this section.