8Confidentiality

### 8 Confidentiality > > (1)  In this section – > > > > > ***confidential information*** means – > > > > > > > > (a) information relating to the classification of a prisoner given to the Director or to the classification committee established under the regulations; or > > > > > > > > > (b) information given to the 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 > > > > > > > > > (c) information given to an official visitor as an official visitor; or > > > > > > > > > (ca) [*\[Section 8 Subsection (1) amended by No. 30 of 2016, Sched. 2, Applied:16 Nov 2016\]*](/view/html/inforce/2016-11-16/act-2016-030#JS2@Ja3@GC2@EN) information given to the Custodial Inspector for the purposes of the [Custodial Inspector Act 2016](/view/html/inforce/2026-04-12/act-2016-030) ; or > > > > > > > > > (d) [*\[Section 8 Subsection (1) amended by No. 16 of 2006, s. 15, Applied:01 Nov 2006\]*](/view/html/inforce/2006-11-01/act-2006-016#GS15@EN) information relating to the personal affairs of a prisoner or detainee; or > > > > > > > > > (e) information concerning procedures or plans to be adopted or followed in a prison in the event of an emergency; or > > > > > > > > > (f) information concerning the management of, or the operation of security measures in, or in relation to, a prison; or > > > > > > > > > (g) [*\[Section 8 Subsection (1) amended by No. 37 of 2013, s. 6, Applied:01 May 2014\]*](/view/html/inforce/2014-05-01/act-2013-037#GS6@EN) information concerning the investigation of a breach or possible breach of the law by a prisoner, a correctional officer or a State Service corrections employee; or > > > > > > > > > (h) 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; > > > > > ***information*** includes photographs, fingerprints, samples and results of tests; > > > > > ***position*** means any of the following: > > > > > > > > (a) a position as a correctional officer, a probation officer or a person appointed or employed for the purposes of this Act; > > > > > > > > > (b) a delegate of the Director; > > > > > > > > > (c) a person authorised to perform or exercise the functions or powers of a correctional officer. > > > (2)  A person who holds or has held a position must not, except to the extent necessary to perform the official duties, powers or functions of that position, record, disclose, communicate or make use of confidential information. > > > > Penalty:  Fine not exceeding 5 penalty units. > > > (3)  [Subsection (2)](#GS8@Gs2@EN) 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 > > > > > > > (b) disclosing or communicating confidential information in accordance with the written authority of the Minister or the person to whom the information relates; or > > > > > > > (c) disclosing or communicating confidential information to the Ombudsman or an officer of the Ombudsman; or > > > > > > > (ca) [*\[Section 8 Subsection (3) amended by No. 6 of 2024, Sched. 3, Applied:06 Nov 2024\]*](/view/html/inforce/2024-11-06/act-2024-006#JS3@Ja2@GC1@EN) disclosing or communicating confidential information to the Implementation Monitor, within the meaning of the [Child Safety Reform Implementation Monitor Act 2024](/view/html/inforce/2026-04-12/act-2024-006) , in accordance with that Act; or > > > > > > > (d) disclosing confidential information that is a photograph to a person who holds a position or is a police officer, if the disclosure is made to assist the person to perform official duties; or > > > > > > > (e) disclosing confidential information to the extent specifically authorised by another Act; or > > > > > > > (f) disclosing information approved by the Director to a victim of crime.