sec.340AASensitive information that need not be included in reasons

### sec.340AA Sensitive information that need not be included in reasons A decision-maker need not, in giving reasons for a decision or proposed decision made under this Act, disclose anything that the decision-maker is satisfied could reasonably be expected to— enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or endanger a person’s life or physical safety; or seriously threaten a person’s welfare; or prejudice public safety or national security; or prejudice the detection, investigation or prosecution by a law enforcement agency of— a terrorism offence; or an offence with a maximum penalty of 14 years or more imprisonment; or another offence prescribed by regulation for this section; or be prohibited under a law of this or another State or the Commonwealth. In deciding whether to rely on subsection (1) , the decision-maker must weigh the need to avoid the reasonably expected consequences of disclosure mentioned in subsection (1) against the need to avoid unfairness to an individual that the decision-maker is satisfied could reasonably be expected as a consequence of non-disclosure. If a decision-maker relies on subsection (1) , the decision-maker must keep a written record of the decision to rely on the subsection and the reasons for the decision. The contents of the record may only be disclosed— to a court for the purpose of a proceeding relating to the decision or proposed decision; or with the approval of the chief executive. The court must ensure that the contents of the record are not disclosed except to a member of the court as constituted for the purpose of the proceeding. In this section— decision-maker means— the parole board; or a person required or authorised to make a decision under this Act. s 340AA ins 2024 No. 25 s 32 (sec.340AA-ssec.1) A decision-maker need not, in giving reasons for a decision or proposed decision made under this Act, disclose anything that the decision-maker is satisfied could reasonably be expected to— enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or endanger a person’s life or physical safety; or seriously threaten a person’s welfare; or prejudice public safety or national security; or prejudice the detection, investigation or prosecution by a law enforcement agency of— a terrorism offence; or an offence with a maximum penalty of 14 years or more imprisonment; or another offence prescribed by regulation for this section; or be prohibited under a law of this or another State or the Commonwealth. (sec.340AA-ssec.1A) In deciding whether to rely on subsection (1) , the decision-maker must weigh the need to avoid the reasonably expected consequences of disclosure mentioned in subsection (1) against the need to avoid unfairness to an individual that the decision-maker is satisfied could reasonably be expected as a consequence of non-disclosure. (sec.340AA-ssec.1B) If a decision-maker relies on subsection (1) , the decision-maker must keep a written record of the decision to rely on the subsection and the reasons for the decision. (sec.340AA-ssec.1C) The contents of the record may only be disclosed— to a court for the purpose of a proceeding relating to the decision or proposed decision; or with the approval of the chief executive. (sec.340AA-ssec.1D) The court must ensure that the contents of the record are not disclosed except to a member of the court as constituted for the purpose of the proceeding. (sec.340AA-ssec.2) In this section— decision-maker means— the parole board; or a person required or authorised to make a decision under this Act. - (a) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or - (b) endanger a person’s life or physical safety; or - (c) seriously threaten a person’s welfare; or - (d) prejudice public safety or national security; or - (e) prejudice the detection, investigation or prosecution by a law enforcement agency of— (i) a terrorism offence; or (ii) an offence with a maximum penalty of 14 years or more imprisonment; or (iii) another offence prescribed by regulation for this section; or - (i) a terrorism offence; or - (ii) an offence with a maximum penalty of 14 years or more imprisonment; or - (iii) another offence prescribed by regulation for this section; or - (f) be prohibited under a law of this or another State or the Commonwealth. - (i) a terrorism offence; or - (ii) an offence with a maximum penalty of 14 years or more imprisonment; or - (iii) another offence prescribed by regulation for this section; or - (a) to a court for the purpose of a proceeding relating to the decision or proposed decision; or - (b) with the approval of the chief executive. - (a) the parole board; or - (b) a person required or authorised to make a decision under this Act.