Young Offenders Act 1994

Upon being requested to do so by the CEO (child welfare), the chief executive officer may provide the CEO (child welfare) with information relating to a young person where the provision of that information is necessary —

to protect a young person; or

to assist in the placement of the young person; or

to protect the physical safety of a child, whether or not in the care of the welfare agency; or

to assist in an assessment of the young person by officers of the welfare agency; or

for the purpose of enabling the CEO (child welfare) or a person employed in the welfare agency to investigate an allegation of —

abuse of the young person; or

abuse by the young person of a child in the care of the Department,

In subsection (1) —

Upon being requested to do so by a member of the Mental Impairment Review Tribunal established under the Criminal Law (Mental Impairment) Act 2023, the chief executive officer is to provide the member with information relating to a person who is, or was, a young offender or detainee, for the purposes of carrying out the member’s functions under that Act.

The chief executive officer is to provide a person specified in or under subsection (5)(a) or (b) with information relating to a person who is, or was, a young offender or detainee if required for the purposes set out in subsection (6)(a) and (b) respectively.

The following individuals may be provided with information under subsection (4) —

under the Prisons Act 1981 — the chief executive officer, a superintendent, an officer, a prison officer, a contract worker (as defined in section 15A of that Act), or a person approved by the chief executive officer for the purpose of this section;

under the Sentence Administration Act 2003 —

a member of the Prisoners Review Board, the chief executive officer, a manager, a community corrections officer; or

a person, or a person within a class of persons, approved by the chief executive officer for the purpose of this section.

The purposes for which the individuals set out in subsection (5) be provided with information under subsection (4) are as follows —

a person set out in, or approved under subsection (5)(a) may make a request for information for the purposes of carrying out his or her functions under the Prisons Act 1981;

a person set out in, or approved under, subsection (5)(b) may make a request for information for the purposes of carrying out his or her functions under the Sentence Administration Act 2003.

Despite this section, the Minister may, from time to time, approve —

circumstances in which information relating to a young person may be disclosed under this Act, to a person or class of persons in another Commonwealth, State, Territory or overseas government department or agency; and

the purposes for which that information may be used.

Despite this section, the chief executive officer may provide information relating to a person who is, or was, a young offender or detainee (as the case may be) to 1 or more of the individuals referred to in subsection (5)(a) if —

the person is transferred under section 21(2); or

a direction is made in respect of the person under section 178(3); or

the person is transferred under section 178A(2).

A person who uses information received under this section for any purpose other than a purpose for which he or she is authorised under this section commits an offence.