104ZNotice to victims directly

104Z Notice to victims directly The Secretary may forward a copy of the notice under section 104Y in respect of an award of damages to a prisoner to any victim who has applied to the Secretary under section 104X to be notified of an award of damages in respect of the prisoner. S. 104ZA inserted by No. 50/2008 s. 3. 104ZA Applications for information (1) A victim in relation to a criminal act by a prisoner may apply to the Secretary for information about a prisoner compensation quarantine fund with respect to that prisoner within the initial quarantine period in respect of that fund. (2) The Secretary by written notice may disclose the following information to the applicant if the Secretary is satisfied that the applicant is a victim in relation to a criminal act of a prisoner— (a) the amount of the award paid into the prisoner compensation quarantine fund in respect of the prisoner; (b) the start of the initial quarantine period; (c) the end of the initial quarantine period if no legal proceedings are notified under section 104ZE(1); (d) any other information that the Secretary from time to time believes will assist the victim to make an informed decision as to whether to bring proceedings against the prisoner. (3) The notice must include a statement advising the victim— (a) that the information is disclosed solely for use by the victim in deciding whether or not to bring legal proceedings; and (b) that the victim should consider seeking independent legal advice; and (c) that the information provided by the Secretary does not constitute legal advice or a recommendation to bring or not to bring legal proceedings; and (d) of the effect of sections 104ZC and 104ZD. S. 104ZB inserted by No. 50/2008 s. 3. 104ZB Disclosure of information by Secretary authorised The provision of information by the Secretary under section 104Y, 104Z or 104ZA— (a) is authorised despite any agreement to which the Secretary or the State is a party that would otherwise prohibit or restrict the disclosure of information concerning an award of damages; and (b) does not constitute a contravention of such an agreement. S. 104ZC inserted by No. 50/2008 s. 3. 104ZC Confidentiality of information A person to whom information is provided under section 104Y, 104Z or 104ZA by the Secretary must treat that information in an appropriate manner that respects the confidentiality of that information. S. 104ZD inserted by No. 50/2008 s. 3. 104ZD Offence to disclose information (1) A person to whom information is disclosed under section 104Y, 104Z or 104ZA must not disclose that information to any other person except for the purposes of, or in connection with, the taking and determination of legal proceedings by the person against the prisoner concerned. (2) A person (other than a person to whom information is disclosed under section 104Y, 104Z or 104ZA) who becomes aware of any information disclosed to a person under section 104Y, 104Z or 104ZA must not use that information or disclose it to any person. (3) Nothing in subsection (1) prevents a person from disclosing information to a lawyer in the course of consulting that lawyer for legal advice. (4) Subsections (1) and (2) do not apply to information that is in the public domain. S. 104ZE inserted by No. 50/2008 s. 3. 104ZE Notice to Secretary by victim (1) A victim who within the initial quarantine period for a prisoner compensation quarantine fund relating to a prisoner commences legal proceedings for the recovery of damages against the prisoner in respect of a criminal act by the prisoner against the victim may give written notice to the Secretary of that fact. (2) A victim may give written notice to the Secretary of the final determination of the legal proceedings notified by the victim under subsection (1) and of any amount awarded to the victim in those proceedings within 14 days after the final determination of the proceedings. S. 104ZF inserted by No. 50/2008 s. 3. 104ZF Notice to Secretary by creditors (1) Any person who has a judgment debt against the prisoner or who is entitled under any enactment to payment of an amount by the prisoner and who has not recovered that judgment debt or been paid that amount may give notice to the Secretary of that fact. (2) A notice under subsection (1) must— (a) be in writing; and (b) be accompanied by a copy of any relevant document that substantiates the facts set out in the notice; and (c) be given during the quarantine period. (3) The Secretary may require a person who has given a notice under this section to provide any further information that the Secretary reasonably requires to substantiate the facts set out in the notice. Division 5—Payments out of prisoner compensation quarantine fund S. 104ZG inserted by No. 50/2008 s. 3. 104ZG Payments out of fund where legal proceedings notified (1) This section applies if the Secretary has received a notice under section 104ZE(1) in respect of legal proceedings against a prisoner to whom a prisoner compensation quarantine fund relates. (2) The Secretary must not pay any money out of the prisoner compensation quarantine fund to any person until the end of the quarantine period for the fund. (3) The Secretary must, within 45 days after the end of the quarantine period, pay out of the prisoner compensation quarantine fund to the persons entitled to payment any amounts required to satisfy— (a) any award against the prisoner that was notified to the Secretary under section 104ZE(2); and (b) any judgment debt against, or entitlement to be paid by, the prisoner that was notified to the Secretary under section 104ZF— that the Secretary is satisfied is a valid claim on the prisoner. (4) If the amount in the prisoner compensation quarantine fund is not sufficient to pay the amounts required to be paid out under subsection (3), the Secretary must make payments from the fund under that subsection on a pro rata basis having regard to any priority of payment required by law. (5) If any amount remains in the prisoner compensation quarantine fund after all amounts are paid out under subsection (3), the Secretary must pay the remaining amount to or at the direction of the prisoner within, or as soon as practicable after the end of, the period of 45 days after the end of the quarantine period. S. 104ZH inserted by No. 50/2008 s. 3. 104ZH Payments out of fund where notice from creditor received (1) This section applies if the Secretary has been given notice by a person under section 104ZF in respect of a prisoner and has not been notified under section 104ZE(1) of legal proceedings against that prisoner. (2) The Secretary must not pay any money out of the prisoner compensation quarantine fund to any person until the end of the initial quarantine period for the fund. (3) The Secretary must, within 45 days after the end of the initial quarantine period, pay out of the prisoner compensation quarantine fund to the persons entitled to payment any amounts required to satisfy any judgment debt against, or entitlement to be paid by, the prisoner— (a) that was notified to the Secretary under section 104ZF during the initial quarantine period; and (b) that the Secretary is satisfied is a valid claim on the prisoner. (4) If the amount in the prisoner compensation quarantine fund is not sufficient to pay the amounts required to be paid out under subsection (3), the Secretary must make payments from the fund under that subsection on a pro rata basis having regard to any priority of payment required by law. (5) If any amount remains in the prisoner compensation quarantine fund after all amounts are paid out under subsection (3), the Secretary must pay the remaining amount to or at the direction of the prisoner within, or as soon as practicable after the end of, the period of 45 days after the end of the initial quarantine period. S. 104ZI inserted by No. 50/2008 s. 3. 104ZI Restriction not to affect payment of administration costs Sections 104ZG and 104ZH do not prevent the payment out of a prisoner compensation quarantine fund of any amount for the costs of administration of the fund (including payment of taxes in respect of the fund) authorised under section 104W and those costs are payable out of the fund before payment of any other amounts under sections 104ZG and 104ZH. S. 104ZJ inserted by No. 50/2008 s. 3. 104ZJ Payments out of fund where no notice given (1) This section applies if no notice is given to the Secretary under section 104ZE(1) or section 104ZF in relation to the prisoner to whom a prisoner compensation quarantine fund relates within the initial quarantine period. (2) The Secretary must pay all money in the prisoner compensation quarantine fund to or at the direction of the prisoner within 45 days after the end of the initial quarantine period. S. 104ZK inserted by No. 50/2008 s. 3. 104ZK Payments taken to be payments at direction of prisoner The payment by the Secretary of an amount out of a prisoner compensation quarantine fund in accordance with this Part is taken to be a payment at the direction of the prisoner and operates as a discharge, to the extent of the payment, of any liability of the State or the Secretary to pay the amount to the prisoner as damages. S. 104ZL inserted by No. 50/2008 s. 3. 104ZL When are legal proceedings finally determined (1) Subject to subsection (2), in this Part legal proceedings are not finally determined if— (a) any period for bringing an appeal in respect of the proceedings has not expired (ignoring any period that may be available by way of extension of time to appeal); or (b) any appeal in respect of the legal proceedings is pending. (2) In this Part, legal proceedings are taken to be finally determined if the legal proceedings are settled or discontinued. Division 6—General S. 104ZM inserted by No. 50/2008 s. 3. 104ZM Offence to provide false or misleading information A person must not give information to the Secretary under this Part that the person believes to be false or misleading in any material particular. S. 104ZN inserted by No. 50/2008 s. 3. 104ZN Annual report The Secretary must provide an annual written report on the operation of this Part to the Minister and the Attorney-General. Pt 9D (Heading and ss 104ZO–104ZW) inserted by No. 55/2009 s. 4. Part 9D—Accident compensation S. 104ZO inserted by No. 55/2009 s. 4, amended by No. 67/2013 s. 649(Sch. 9 item 6(1)). 104ZO Definition In this Part, ***Authority*** means the Victorian WorkCover Authority within the meaning of the **Workplace Injury Rehabilitation and Compensation Act 2013**. S. 104ZP inserted by No. 55/2009 s. 4. 104ZP Application of Part This Part applies to a person who is— (a) an offender who is required or directed by or under a correctional order, a provision of the **Sentencing Act 1991**, or Part 9 of this Act to work or to take part in a program of activities; or (b) a volunteer who is working in a prison or at a location; or S. 104ZP(c) amended by No. 30/2010 s. 55. (c) a person who is required or directed by or under a diversion program under section 59 of the **Criminal Procedure Act 2009** to work or to take part in a program of activities. S. 104ZQ inserted by No. 55/2009 s. 4. 104ZQ When is compensation payable? Compensation is payable under this Part if a person suffers personal injury (including death) or loss of or damage to property belonging to the person or in the person's possession or control while the person is engaged— (a) in working or taking part in a program of activities referred to in section 104ZP(a) or (c); or (b) if the person is a volunteer, in working in a prison or at a location. S. 104ZR inserted by No. 55/2009 s. 4. 104ZR Compensation for personal injuries S. 104ZR(1) amended by No. 67/2013 s. 649(Sch. 9 item 6(2)). (1) Compensation for personal injury (including death) is to be paid in accordance with and subject to the **Accident Compensation Act 1985** or the **Workplace Injury Rehabilitation and Compensation Act 2013**, as the case requires, to those persons to whom, or for whose benefit, compensation would be payable under that Act if— (a) the injured person were a worker employed by the Crown; and (b) the personal injury had arisen out of or in the course of the employment— within the meaning of that Act. S. 104ZR(2) amended by No. 67/2013 s. 649(Sch. 9 item 6(2)). (2) For the purpose of assessing the amount of compensation, the average weekly earnings of the injured person is to be computed on the following basis but so that any relevant maximum limits imposed by the **Accident Compensation Act 1985** or the **Workplace Injury Rehabilitation and Compensation Act** **2013**, as the case requires, are not exceeded— (a) by reference to the injured person's employment by any employer or employers during the relevant period before the accident; or (b) if the injured person was not then working under a contract of service, on any basis that is best calculated to give the appropriate compensation for the injured person's loss of earning capacity. (3) For the purposes of enabling the return to work of the injured person, the Authority may— S. 104ZR(3)(a) amended by No. 67/2013 s. 649(Sch. 9 item 6(3)). (a) prepare a return to work plan under the **Workplace Injury Rehabilitation and Compensation Act 2013**; (b) approve a provider of occupational rehabilitation services for the purposes of a return to work plan prepared under paragraph (a); (c) provide alternative assistance or programs to the injured person or in respect of the employment of the injured person. (4) Any costs and expenses incurred as a result of subsection (3) are to be paid by the Authority under section 104ZW(2) as if the costs and expenses were a payment of compensation and section 104ZW(3) applies accordingly. (5) In this section, ***injured person*** means— (a) an offender or person who suffers personal injury (including death) while engaged in working or taking part in a program of activities referred to in section 104ZP(a) or (c); or (b) a volunteer who suffers personal injury (including death) while engaged in working in a prison or at a location. S. 104ZS inserted by No. 55/2009 s. 4. 104ZS Compensation for loss of or damage to property Compensation payable for loss of or damage to property is to be such that the Minister considers reasonable in the circumstances and is to be paid to the owner of the property or any person who has an interest in it. S. 104ZT inserted by No. 55/2009 s. 4, amended by No. 67/2013 s. 649(Sch. 9 item 6(4)). 104ZT Jurisdiction If any question or matter arises under this Part, the County Court and the Magistrates' Court have, under this Act, the same jurisdiction to hear and determine the question or matter as if it were a question or matter arising under the **Accident** **Compensation Act 1985** or the **Workplace Injury Rehabilitation and Compensation Act 2013**, as the case requires, and those Acts apply with the necessary adaptations and modifications. S. 104ZU inserted by No. 55/2009 s. 4, amended by No. 67/2013 s. 649(Sch. 9 item 6(5)). 104ZU Authority to represent Crown In all proceedings under this Part, the Authority represents the Crown and has the same powers, rights and authorities as the Authority has under the **Accident Compensation Act 1985** or the **Workplace Injury Rehabilitation and Compensation Act 2013** in regard to the corresponding matter relating to a worker under that Act. S. 104ZV inserted by No. 55/2009 s. 4. 104ZV Compensation otherwise payable If a person is entitled to compensation in respect of personal injury otherwise than in accordance with this Part, there is payable to that person the amount, if any, by which the amount of compensation in respect of the injury determined under this Part exceeds the amount to which the person is entitled. S. 104ZW inserted by No. 55/2009 s. 4. 104ZW Payments (1) The Authority is entitled to the reimbursement of its reasonable costs and expenses incurred in representing the Crown under section 104ZU. S. 104ZW(2) amended by No. 67/2013 s. 649(Sch. 9 item 6(6)). (2) The Authority must make any payment of compensation under this Part out of the WorkCover Authority Fund under the **Workplace Injury Rehabilitation and Compensation Act 2013**. (3) There is to be paid into the WorkCover Authority Fund out of the Consolidated Fund, which is to the necessary extent appropriated accordingly— (a) the amounts to be reimbursed under subsection (1); and (b) the amount of any payments under subsection (2). Pt 9E (Heading and ss 104ZX–104ZZA) inserted by No. 10/2013 s. 35. Part 9E—Disclosure of information S. 104ZX inserted by No. 10/2013 s. 35. 104ZX Definitions S. 104ZX def. of *Corrections legislation* amended by No. 27/2018 s. 355(26). ***Corrections legislation*** means any of the following— (a) this Act; (b) the **Community Based Sentences (Transfer) Act 2012**; (c) the **Parole Orders (Transfer) Act 1983**; (d) the **Prisoners (Interstate Transfer) Act 1983**; (e) the **Serious Offenders Act 2018**; (f) the regulations made under any Act referred to in paragraph (a), (b), (c), (d) or (e); S. 104ZX def. of *Corrections-related legislation* inserted by No. 31/2017 s. 10(a), amended by Nos 32/2018 s. 114(1), 45/2019 s. 39, 34/2020 s. 191, 39/2022 s. 809. ***Corrections-related legislation*** means any of the following— (a) the **Bail Act 1977**; (b) the **Children, Youth and Families Act 2005**; (c) the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**; (ca) the **Crimes Act 1958**; (d) the **Disability Act 2006**; (e) the **Family Violence Protection Act 2008**; (f) the **Housing Act 1983**; (g) the **Mental Health and** **Wellbeing Act 2022**; (h) the **Personal Safety Intervention Orders Act 2010**; (i) the **Sentencing Act 1991**; (j) the **Sex Offenders Registration Act 2004**; (ja) the **Terrorism (Community Protection) Act 2003**; (k) the **Worker Screening Act 2020**; (ka) the Crimes Act 1914 of the Commonwealth; (kb) the Criminal Code Act 1995 of the Commonwealth; (l) the Migration Act 1958 of the Commonwealth; (m) the National Disability Insurance Scheme Act 2013 of the Commonwealth; ***information*** includes photographs, fingerprints, samples and results of tests; S. 104ZX def. of *official duties* amended by Nos 41/2015 s. 7(1), 31/2017 s. 10(b). ***official duties*** includes the following— (a) the administration of Corrections legislation; (ab) the administration of Corrections‑related legislation; (b) the provision of reports to the Minister in accordance with this Act; (c) the provision of training, education or health-related services to a prisoner or offender; (e) preparation for, conduct of or participation in, proceedings in any court or tribunal; S. 104ZX def. of *personal or confidential information* amended by Nos 41/2015 s. 7(2), 57/2017 s. 45(12)(b). ***personal or confidential information*** includes the following— (a) information relating to the personal affairs of a person who is or has been an offender or a prisoner; (b) information relating to the classification of a prisoner under this Act; (c) information— (i) that identifies any person or discloses his or her address or location or a journey made by the person; or (ii) from which any person's identity, address or location can reasonably be determined; (d) information given to the Adult 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; (da) information given to the Post Sentence Authority that is not disclosed in a decision of the Authority or in any reasons given by the Authority for a decision of the Authority; (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; (f) information of a business, commercial or financial nature relating to— (i) the provision of correctional services; or (ii) an agreement entered into under section 8B(1) or 9(1) or a sub-contract agreement under that agreement; (g) information concerning the investigation of a contravention or possible contravention of the law by— (i) an offender; or (ii) a prisoner; or (iii) an officer within the meaning of Part 5 or Part 9; or (iv) a person authorised under section 9A to exercise a function or power; or (v) a person working with, or in contact with, offenders or prisoners; or (vi) a person engaged in the administration of this Act; (h) information concerning procedures or plans to be adopted or followed in a prison in the event of an emergency; (i) information concerning the management of prisons; (j) information concerning— (i) security systems and security measures in, or in relation to, a prison; or (ii) security measures taken to protect the community from offenders; (k) information given to an independent prison visitor as an independent prison visitor; S. 104ZX def. of *relevant person* amended by Nos 41/2015 s. 36, 32/2016 s. 47, 57/2016 s. 13, 31/2017 s. 10(c)(d), 57/2017 s. 45(12)(a), substituted by No. 32/2018 s. 114(2), amended by No. 16/2020 s. 16(1). ***relevant person*** means a person specified in an item of Schedule 5. S. 104ZY inserted by No. 10/2013 s. 35. 104ZY Authorisation to use or disclose information S. 104ZY(1) substituted by No. 41/2015 s. 8. (1) A relevant person may use or disclose personal or confidential information if the use or disclosure is reasonably necessary for— (a) the performance of the official duties of the relevant person or any other relevant person; or (b) the performance by the relevant person or another person of any of the following functions or duties— (i) law enforcement, including— (A) the detection, investigation, prosecution or prevention of contraventions of the law; and (B) functions and duties relating to the confiscation of property under the **Confiscation Act 1997** or a corresponding law within the meaning of that Act; S. 104ZY(1)(b)(ii) repealed by No. 31/2017 s. 11(1). (iii) the administration or enforcement of an order of a court or tribunal. (2) A relevant person may also use or disclose personal or confidential information in the following circumstances— S. 104ZY(2)(a) substituted by No. 32/2016 s. 48(1). (a) if the relevant person believes on reasonable grounds that the use or disclosure is necessary— S. 104ZY(2)(a)(i) amended by Nos 31/2017 s. 11(2)(a), 32/2018 s. 115(1). (i) to reduce the risk of a person committing a violent offence, a sexual offence or a terrorism or foreign incursion offence; or (ii) to lessen or prevent a threat to the life, health, safety or welfare of any person; (b) with the authorisation, or at the request, of the person to whom the information relates; (c) if the use or disclosure is authorised by the Minister; S. 104ZY(2)(d) amended by No. 31/2017 s. 11(2)(b). (d) if the use or disclosure is to the Ombudsman or the Ombudsman's officers; S. 104ZY(2)(da) inserted by No. 31/2017 s. 11(2)(c). (da) if the use or disclosure is to the Human Rights Commissioner; S. 104ZY(2)(db) inserted by No. 31/2017 s. 11(2)(c). (db) if the use or disclosure is to the Independent Broad-based Anti‑corruption Commission established under section 12 of the **Independent Broad-based Anti‑corruption Commission Act 2011**; S. 104ZY(2)(dc) inserted by No. 31/2017 s. 11(2)(c), amended by No. 31/2024 s. 113(Sch. 1 item 4.3). (dc) if the use or disclosure is to Integrity Oversight Victoria established under section 8 of the **Integrity Oversight Victoria Act 2011**; S. 104ZY(2)(dd) inserted by No. 31/2017 s. 11(2)(c). (dd) if the use or disclosure is to the Victorian Legal Services Commissioner appointed under section 51 of the **Legal Profession Uniform Law Application Act 2014**; S. 104ZY(2)(de) inserted by No. 31/2017 s. 11(2)(c), amended by No. 39/2022 s. 810 (as amended by No. 20/2023 s. 49(5)). (de) if the use or disclosure is to the Mental Health and Wellbeing Commission established by section 411 of the **Mental Health and Wellbeing Act 2022**; S. 104ZY(2)(df) inserted by No. 31/2017 s. 11(2)(c). (df) if the use or disclosure is to the Victorian Equal Opportunity and Human Rights Commission continued in existence by section 154 of the **Equal Opportunity Act 2010**; S. 104ZY(2)(dg) inserted by No. 31/2017 s. 11(2)(c). (dg) if the use or disclosure is to the Information Commissioner appointed under section 6C of the **Freedom of Information Act 1982**; S. 104ZY(2)(dh) inserted by No. 31/2017 s. 11(2)(c). (dh) if the use or disclosure is to the Health Complaints Commissioner appointed under section 111 of the **Health Complaints Act 2016**; S. 104ZY(2)(di) inserted by No. 31/2017 s. 11(2)(c), amended by No. 32/2018 s. 115(2). (di) if the use or disclosure is to any person or body authorised to act on behalf of a person or body listed in paragraph (d), (da), (db), (dc), (dd), (de), (df), (dg) or (dh); S. 104ZY(2)(dj) inserted by No. 31/2017 s. 11(2)(c). (dj) if the use or disclosure is to any person or body prescribed by the regulations; (e) if the information is disclosed to a person included on the victims register for the purpose of making a victim submission; (f) if the information is the current location of a prisoner and the disclosure is to the prisoner's lawyer; S. 104ZY(2)(fa) inserted by No. 31/2017 s. 11(2)(d). (fa) if the use or disclosure is in accordance with the **Privacy and Data Protection Act 2014**; (g) if the use or disclosure is in accordance with the **Health Records Act 2001**; S. 104ZY (2)(ga) inserted by No. 57/2016 s. 14(1)(a), substituted by No. 31/2017 s. 11(2)(e), amended by No. 34/2020 s. 192. (ga) if the use or disclosure is for the purpose of the administration of the **Worker Screening Act 2020**; S. 104ZY(2)(h) substituted by No. 31/2017 s. 11(2)(f), amended by No. 28/2025 s. 35. (h) if the disclosure is to the Department of Health or Department of Families, Fairness and Housing and the information is reasonably necessary to ensure the proper care, treatment or housing of a person who is or is likely to be provided with services by or on behalf of that Department; S. 104ZY(2)(i) substituted by No. 31/2017 s. 11(2)(f). (i) if the disclosure is to the Victorian Electoral Commission and the information is reasonably necessary to establish a prisoner's entitlement to vote in accordance with the **Electoral Act 2002**; (j) if the disclosure is to the Australian Electoral Commission and the information is reasonably necessary to establish a prisoner's entitlement to vote in accordance with the Commonwealth Electoral Act 1918; S. 104ZY(2)(k) amended by Nos 41/2015 s. 42, 32/2016 s. 48(2), 57/2016 s. 14(1)(b), 32/2018 s. 115(3). (k) if the disclosure is to the Department of Home Affairs of the Commonwealth and the information is reasonably necessary for the purpose of determining the eligibility of a prisoner or former prisoner to remain in Australia in accordance with the Migration Act 1958 of the Commonwealth; (l) if the disclosure is to the Commonwealth Department of Human Services and the information is reasonably necessary for the purpose of determining the eligibility of a prisoner or former prisoner to receive Commonwealth payments or allowances; S. 104ZY(2)(la) inserted by No. 45/2019 s. 40(1). (la) if the disclosure is to the National Disability Insurance Scheme Launch Transition Agency established by the National Disability Insurance Scheme Act 2013 of the Commonwealth and the information is reasonably necessary— (i) to support the determination of eligibility for the National Disability Insurance Scheme as established by that Act; or (ii) for the planning and provision of supports through the National Disability Insurance Scheme; S. 104ZY(2)(lb) inserted by No. 45/2019 s. 40(1). (lb) if the disclosure is to any person or body who delivers services or advice in relation to the National Disability Insurance Scheme established by the National Disability Insurance Scheme Act 2013 of the Commonwealth and the information is reasonably necessary— (i) to support the determination of eligibility for the National Disability Insurance Scheme; or (ii) for the planning and provision of supports through the National Disability Insurance Scheme; S. 104ZY(2)(lc) inserted by No. 45/2019 s. 40(1). (lc) if the disclosure is to the Attorney General for New South Wales and the information is reasonably necessary for the purpose of an application under the Crimes (High Risk Offenders) Act 2006 of New South Wales; (m) if the use or disclosure is to an Australian lawyer for the purpose of obtaining legal advice or representation in relation to the administration or operation of Corrections legislation; (n) if the information is already in the public domain; S. 104ZY(2)(na) inserted by No. 45/2019 s. 40(2). (na) if the Secretary has authorised under section 104ZZB the use or disclosure of the information in a de-identified form for the purpose of research; S. 104ZY(2)(nb) inserted by No. 45/2019 s. 40(2). (nb) if the Secretary has approved under section 104ZZB the publication of research based on the information that is used or disclosed in a de-identified form; (o) if the use or disclosure is specifically authorised or required by or under this Act or any other Act. S. 104ZY(2A) inserted by No. 57/2016 s. 14(2). (2A) Subject to subsection (2B), a relevant person may disclose personal or confidential information to a correctional services authority of another State, a Territory or another country if— (a) the information relates to a person who is or has been an offender or a prisoner; and (b) the disclosure is reasonably necessary to ensure the proper supervision of, or the assessment of the risks of re‑offending by, that person. S. 104ZY(2B) inserted by No. 57/2016 s. 14(2). (2B) Personal or confidential information must not be disclosed under subsection (2A) to the correctional services authority of another country unless the Secretary— (a) has assessed that it is appropriate in all the circumstances to do so; and (b) has authorised in writing the disclosure. S. 104ZY(2C) inserted by No. 57/2016 s. 14(2). (2C) The Secretary may under subsection (2B) authorise the disclosure of information in relation to— (a) a specified request for information from another country; or (b) any request for information from a specified country. (3) This section does not apply to personal or confidential information referred to in section 104ZZ. S. 104ZY(4) inserted by No. 57/2016 s. 14(3). S. 104ZY(4) def. of *correctional services authority* amended by No. 31/2017 s. 11(3)(a). ***correctional services authority*** means a person, body or entity that has functions and responsibilities in another State, a Territory or another country that substantially correspond to the functions and responsibilities of the Secretary, the Adult Parole Board, the Commissioner or any other officer under this Act; S. 104ZY(4) def. of *sexual offence* inserted by No. 31/2017 s. 11(3)(b), substituted by No. 27/2018 s. 355(27). ***sexual offence*** means an offence referred to in— (a) Schedule 1 to the **Serious Offenders Act 2018**; or (b) item 5 or 6 of Schedule 3 to the **Serious Offenders Act 2018**. S. 104ZYA inserted by No. 57/2016 s. 15. 104ZYA Information exchange with other parole decision‑making bodies (1) The Adult Parole Board must notify the Secretary in writing of any information disclosed by the Board to the parole decision-making body of another State or a Territory. (2) The following persons must notify the Adult Parole Board in writing of any information disclosed by the person to the parole decision-making body of another State or a Territory— (a) an officer within the meaning of Part 5 or Part 9; (b) the Secretary; (c) an employee of the Department. ***parole decision-making body***, of another State or a Territory, means the body that has functions and responsibilities in that State or Territory that substantially correspond to the functions and responsibilities of the Adult Parole Board. S. 104ZZ inserted by No. 10/2013 s. 35, amended by No. 12/2014 s. 16(2) (ILA s. 39B(1)). 104ZZ Authorisation to disclose information given to Adult Parole Board S. 104ZZ(1) amended by No. 32/2016 s. 49(a). (1) A relevant person may use or disclose information given to the Adult 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 if— S. 104ZZ(1)(a) amended by Nos 32/2016 s. 49(b), 32/2018 s. 116. (a) the use or disclosure is reasonably necessary for the administration of Corrections legislation or Corrections-related legislation; or S. 104ZZ(1)(b) substituted by No. 12/2014 s. 16(1), amended by No. 32/2016 s. 49(c). (b) the use or disclosure is reasonably necessary for the preparation for, conduct of or participation in— (i) criminal proceedings in any court; or (ii) proceedings before a tribunal; or (iii) an inquest or investigation held by a coroner; or S. 104ZZ(1)(c) substituted by No. 32/2016 s. 49(d). (c) the relevant person believes on reasonable grounds that the use or disclosure is necessary— (i) to reduce the risk of a person committing a violent offence; or S. 104ZZ(1)(c)(ii) amended by No. 45/2019 s. 41(a). (ii) to lessen or prevent a threat to the life, health, safety or welfare of any person; or S. 104ZZ(1)(d) inserted by No. 45/2019 s. 41(b). (d) the Secretary has authorised under section 104ZZB the use or disclosure of the information in a de-identified form for the purpose of research; or S. 104ZZ(1)(e) inserted by No. 45/2019 s. 41(b). (e) the Secretary has approved under section 104ZZB the publication of research based on the information that is used or disclosed in a de-identified form. S. 104ZZ(2) inserted by No. 12/2014 s. 16(2). (2) A relevant person may use or disclose information given to the Adult 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 if the use or disclosure is authorised by the Minister. S. 104ZZAA inserted by No. 36/2023 s. 10. 104ZZAA Authorisation to disclose certain information related to certain matters before the Board The Board may disclose to any person some or all of the following information if the Board considers that it is in the public interest— (a) the period specified by the Board in an order under section 74AAD in respect of a prisoner; and (b) in the case of a restricted prisoner— (i) that the Board has made a restricted prisoner declaration in respect of the prisoner and, if so, the period specified in the declaration; or (ii) that the Board has not made a restricted prisoner declaration in respect of the prisoner. S. 104ZZA inserted by No. 10/2013 s. 35, amended by No. 36/2023 s. 11. 104ZZA Offence to use or disclose personal or confidential information unless authorised A person who is or has been a relevant person must not use or disclose personal or confidential information unless that use or disclosure is authorised under section 104ZY, 104ZZ or 104ZZAA. S. 104ZZB inserted by No. 45/2019 s. 42. 104ZZB Use or disclosure of information for research purposes (1) The Secretary, by instrument in writing— (a) may authorise the use or disclosure of information in a de-identified form (in which information that may identify the person to whom the information relates has been removed) for the purpose of research; and (b) may approve publication of the research. (2) A person must not publish or cause to be published any research using information disclosed under subsection (1) unless the publication has been approved by the Secretary. (3) A person must not publish or cause to be published any information disclosed under subsection (1), or any research using that information, that enables the identification of any person to whom the information relates. ***publish*** means to disseminate or provide access to the public or a section of the public by any means, including by— (a) publication in a book, newspaper, magazine or other written publication; or (b) broadcast by radio or television; or (c) public exhibition; or (d) broadcast or electronic communication.