492ASecrecy of security arrangements at youth justice facilities

492A Secrecy of security arrangements at youth justice facilities

confidential information means—

(a) information given to the Youth Parole 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

(b) information concerning procedures or plans to be adopted or followed in a youth justice facility in the event of an emergency; or

(c) information concerning the management of, or the operation of security measures in, or in relation to, a youth justice facility; or

(d) information concerning the investigation of a breach or possible breach of the law by—

(i) a detainee; or

(ii) an officer; or

(e) 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; or

(f) information of a business, commercial or financial nature relating to the provision of services within a youth justice facility, if the disclosure of that information may threaten the good order or security of the youth justice facility or any person;

information includes photographs, fingerprints, samples and results of tests;

position means any of the following—

(a) an officer;

(b) a delegate of the Secretary;

(c) a provider of support services to a detainee or within a youth justice facility, including a provider of those services on a volunteer basis or under a contract of employment or otherwise;

(d) a person employed as a sheriff, deputy sheriff, sheriff's officer or appointed as a deputised person under Part 2 of the Sheriff Act 2009;

(e) a person appointed by the Department or an independent body—

(i) to investigate or review a youth justice facility or any aspect of a youth justice facility; or

(ii) to visit a youth justice facility or a detainee.

(2) A person who holds or has held a position must not record, disclose, communicate or make use of confidential information, except to the extent that is reasonably necessary to perform a duty or function of that position, or to exercise a power of that position, under this or any other Act.

(3) Subsection (2) does not prevent a person from—

(a) 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