17NConfidentiality of personal information

17N Confidentiality of personal information (1) A person must not use or disclose any personal or confidential information that is obtained as a result of the use of— S. 17N(1)(a) amended by No. 34/2025 s. 16(15)(a). (a) an electronic device that an accused is required to wear under a Part 2A condition; or S. 17N(1)(b) amended by No. 34/2025 s. 16(15)(a). (b) equipment used for the electronic monitoring of an accused under a Part 2A condition— unless that use or disclosure is specified under subsection (2) or by the regulations. Penalty: 120 penalty units. (2) The specified uses and disclosures are— (a) use or disclosure by a person that is reasonably necessary for the person to perform their duties, functions or powers in relation to a grant of bail; and (b) use or disclosure that is reasonably necessary for the preparation for, conduct of or participation in proceedings in any court in relation to a grant of bail; and (c) use or disclosure that occurs with the authorisation, or at the request of, the person to whom the information relates; and (d) use or disclosure that occurs to the extent necessary for a purpose related to law enforcement, including the detection, investigation, prosecution or prevention of contraventions of the law; and (e) both of the following— (i) disclosure to an Australian legal practitioner for the purpose of obtaining legal advice or representation; and (ii) use and disclosure by that Australian legal practitioner for that purpose; and (f) disclosure to the Secretary; and (g) use or disclosure that is authorised or required by or under this or any other Act, including— (i) use or disclosure that is authorised under subsection (3); and (ii) use or disclosure that is authorised under Part 5A of the **Family Violence Protection Act 2008**; and (iii) use or disclosure that is authorised under Part 6A of the **Child Wellbeing and Safety Act 2005**. (3) The Minister may authorise, in writing, a particular use or disclosure of personal or confidential information referred to in subsection (1). (4) In this section, ***personal or confidential information*** includes the following— S. 17N(4)(a) amended by No. 34/2025 s. 16(15)(b). (a) information relating to the personal affairs of an accused who is or was subject to Part 2A conditions; (b) information— (i) that identifies any person; or (ii) discloses any person's address or location; or (iii) discloses any journey made by a person; or (iv) from which any person's identity, address or location can reasonably be determined; (c) 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; (d) information concerning the investigation of a contravention or possible contravention of the law by the accused. S. 17O inserted by No. 32/2024 s. 903.