sec.341Confidential information

### sec.341 Confidential information This section applies to either of the following (each of whom is an informed person )— a person who is performing or has performed a function under this Act or any of the repealed Acts, or is or was otherwise engaged in the administration of this Act or any of the repealed Acts; a person who has obtained access to confidential information, whether before or after the commencement of this section and whether directly or indirectly, from a person mentioned in paragraph (a) . The informed person must not disclose confidential information acquired by the informed person to anyone else other than under subsection (3) or section 340A (3) . Maximum penalty—100 penalty units or 2 years imprisonment. The informed person may disclose confidential information— for the purposes of this Act; or to discharge a function under another law or if it is otherwise authorised under another law; or for a proceeding in a court, if the informed person is required to do so by order of the court or otherwise by law; or for confidential information that consists of a person’s private details—if authorised by the person to whom the information relates; or if authorised by the chief executive because— a person’s life or physical safety could otherwise reasonably be expected to be endangered; or it is otherwise in the public interest; or if the information merely informs someone— of the corrective services facility in which a prisoner is being held in custody; or for an offender who is subject to a parole order or a community based order—that the offender is subject to the order; or to a health practitioner if— the confidential information relates to a prisoner; and the informed person reasonably believes the disclosure is relevant for the care, treatment or rehabilitation of the prisoner; or if the confidential information relates to the condition of a prisoner and is communicated in general terms; or a corrective services officer at a corrective services facility discloses that a prisoner is in a detention unit or in transit to a hospital for confidential information that relates to an offender—to a corrective service of another State or foreign country if the information is relevant to support the supervision or management of the offender; or to a law enforcement agency for a function of the agency. Subsection (3) (h) does not apply to— a prisoner who is released on parole; or a supervised dangerous prisoner (sexual offender). In this section— confidential information — includes information— about a person’s private details; or that could reasonably be expected to pose a risk to the security or good order of a corrective services facility; or that could reasonably be expected to endanger anyone’s life or health, including psychological health; or that could reasonably be expected to prejudice the effectiveness of a test or audit; or that could reasonably be expected to divulge the identity of an informant or a confidential source of information; or that could reasonably be expected to disclose an expert’s advice or recommendation about an offender; or that could reasonably be expected to prejudice a law enforcement agency’s investigation; or that could have a serious adverse effect on the commercial interests, or reveal commercial-in-confidence interests, of an engaged service provider; but does not include— information already disclosed to the general public, unless further disclosure of the information is prohibited by law; or statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates. corrective service , of another State or a foreign country, means an entity in that State or foreign country that has the function of detaining, housing, supervising or reporting on prisoners or other persons held in custody by that State or foreign country. private details of a person includes the person’s identity, private residential address or contact details. s 341 amd 2023 No. 14 s 32 (sec.341-ssec.1) This section applies to either of the following (each of whom is an informed person )— a person who is performing or has performed a function under this Act or any of the repealed Acts, or is or was otherwise engaged in the administration of this Act or any of the repealed Acts; a person who has obtained access to confidential information, whether before or after the commencement of this section and whether directly or indirectly, from a person mentioned in paragraph (a) . (sec.341-ssec.2) The informed person must not disclose confidential information acquired by the informed person to anyone else other than under subsection (3) or section 340A (3) . Maximum penalty—100 penalty units or 2 years imprisonment. (sec.341-ssec.3) The informed person may disclose confidential information— for the purposes of this Act; or to discharge a function under another law or if it is otherwise authorised under another law; or for a proceeding in a court, if the informed person is required to do so by order of the court or otherwise by law; or for confidential information that consists of a person’s private details—if authorised by the person to whom the information relates; or if authorised by the chief executive because— a person’s life or physical safety could otherwise reasonably be expected to be endangered; or it is otherwise in the public interest; or if the information merely informs someone— of the corrective services facility in which a prisoner is being held in custody; or for an offender who is subject to a parole order or a community based order—that the offender is subject to the order; or to a health practitioner if— the confidential information relates to a prisoner; and the informed person reasonably believes the disclosure is relevant for the care, treatment or rehabilitation of the prisoner; or if the confidential information relates to the condition of a prisoner and is communicated in general terms; or a corrective services officer at a corrective services facility discloses that a prisoner is in a detention unit or in transit to a hospital for confidential information that relates to an offender—to a corrective service of another State or foreign country if the information is relevant to support the supervision or management of the offender; or to a law enforcement agency for a function of the agency. (sec.341-ssec.4) Subsection (3) (h) does not apply to— a prisoner who is released on parole; or a supervised dangerous prisoner (sexual offender). (sec.341-ssec.5) In this section— confidential information — includes information— about a person’s private details; or that could reasonably be expected to pose a risk to the security or good order of a corrective services facility; or that could reasonably be expected to endanger anyone’s life or health, including psychological health; or that could reasonably be expected to prejudice the effectiveness of a test or audit; or that could reasonably be expected to divulge the identity of an informant or a confidential source of information; or that could reasonably be expected to disclose an expert’s advice or recommendation about an offender; or that could reasonably be expected to prejudice a law enforcement agency’s investigation; or that could have a serious adverse effect on the commercial interests, or reveal commercial-in-confidence interests, of an engaged service provider; but does not include— information already disclosed to the general public, unless further disclosure of the information is prohibited by law; or statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates. corrective service , of another State or a foreign country, means an entity in that State or foreign country that has the function of detaining, housing, supervising or reporting on prisoners or other persons held in custody by that State or foreign country. private details of a person includes the person’s identity, private residential address or contact details. - (a) a person who is performing or has performed a function under this Act or any of the repealed Acts, or is or was otherwise engaged in the administration of this Act or any of the repealed Acts; - (b) a person who has obtained access to confidential information, whether before or after the commencement of this section and whether directly or indirectly, from a person mentioned in paragraph (a) . - (a) for the purposes of this Act; or - (b) to discharge a function under another law or if it is otherwise authorised under another law; or - (c) for a proceeding in a court, if the informed person is required to do so by order of the court or otherwise by law; or - (d) for confidential information that consists of a person’s private details—if authorised by the person to whom the information relates; or - (e) if authorised by the chief executive because— (i) a person’s life or physical safety could otherwise reasonably be expected to be endangered; or (ii) it is otherwise in the public interest; or - (i) a person’s life or physical safety could otherwise reasonably be expected to be endangered; or - (ii) it is otherwise in the public interest; or - (f) if the information merely informs someone— (i) of the corrective services facility in which a prisoner is being held in custody; or (ii) for an offender who is subject to a parole order or a community based order—that the offender is subject to the order; or - (i) of the corrective services facility in which a prisoner is being held in custody; or - (ii) for an offender who is subject to a parole order or a community based order—that the offender is subject to the order; or - (g) to a health practitioner if— (i) the confidential information relates to a prisoner; and (ii) the informed person reasonably believes the disclosure is relevant for the care, treatment or rehabilitation of the prisoner; or - (i) the confidential information relates to a prisoner; and - (ii) the informed person reasonably believes the disclosure is relevant for the care, treatment or rehabilitation of the prisoner; or - (h) if the confidential information relates to the condition of a prisoner and is communicated in general terms; or Example of communicated in general terms— a corrective services officer at a corrective services facility discloses that a prisoner is in a detention unit or in transit to a hospital - (i) for confidential information that relates to an offender—to a corrective service of another State or foreign country if the information is relevant to support the supervision or management of the offender; or - (j) to a law enforcement agency for a function of the agency. - (i) a person’s life or physical safety could otherwise reasonably be expected to be endangered; or - (ii) it is otherwise in the public interest; or - (i) of the corrective services facility in which a prisoner is being held in custody; or - (ii) for an offender who is subject to a parole order or a community based order—that the offender is subject to the order; or - (i) the confidential information relates to a prisoner; and - (ii) the informed person reasonably believes the disclosure is relevant for the care, treatment or rehabilitation of the prisoner; or - (a) a prisoner who is released on parole; or - (b) a supervised dangerous prisoner (sexual offender). - (a) includes information— (i) about a person’s private details; or (ii) that could reasonably be expected to pose a risk to the security or good order of a corrective services facility; or (iii) that could reasonably be expected to endanger anyone’s life or health, including psychological health; or (iv) that could reasonably be expected to prejudice the effectiveness of a test or audit; or (v) that could reasonably be expected to divulge the identity of an informant or a confidential source of information; or (vi) that could reasonably be expected to disclose an expert’s advice or recommendation about an offender; or (vii) that could reasonably be expected to prejudice a law enforcement agency’s investigation; or (viii) that could have a serious adverse effect on the commercial interests, or reveal commercial-in-confidence interests, of an engaged service provider; but - (i) about a person’s private details; or - (ii) that could reasonably be expected to pose a risk to the security or good order of a corrective services facility; or - (iii) that could reasonably be expected to endanger anyone’s life or health, including psychological health; or - (iv) that could reasonably be expected to prejudice the effectiveness of a test or audit; or - (v) that could reasonably be expected to divulge the identity of an informant or a confidential source of information; or - (vi) that could reasonably be expected to disclose an expert’s advice or recommendation about an offender; or - (vii) that could reasonably be expected to prejudice a law enforcement agency’s investigation; or - (viii) that could have a serious adverse effect on the commercial interests, or reveal commercial-in-confidence interests, of an engaged service provider; but - (b) does not include— (i) information already disclosed to the general public, unless further disclosure of the information is prohibited by law; or (ii) statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates. - (i) information already disclosed to the general public, unless further disclosure of the information is prohibited by law; or - (ii) statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates. - (i) about a person’s private details; or - (ii) that could reasonably be expected to pose a risk to the security or good order of a corrective services facility; or - (iii) that could reasonably be expected to endanger anyone’s life or health, including psychological health; or - (iv) that could reasonably be expected to prejudice the effectiveness of a test or audit; or - (v) that could reasonably be expected to divulge the identity of an informant or a confidential source of information; or - (vi) that could reasonably be expected to disclose an expert’s advice or recommendation about an offender; or - (vii) that could reasonably be expected to prejudice a law enforcement agency’s investigation; or - (viii) that could have a serious adverse effect on the commercial interests, or reveal commercial-in-confidence interests, of an engaged service provider; but - (i) information already disclosed to the general public, unless further disclosure of the information is prohibited by law; or - (ii) statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.