106YProvision of information relating to offenders

#### 106Y Provision of information relating to offenders 106Y Provision of information relating to offenders > > (1) This section applies to such persons as are prescribed by the regulations for the purposes of this section, being persons who are involved in the administration of, or who provide services in connection with, an offender’s drug treatment under this Part. > > > (2) It is the duty of a person to whom this section applies— > > > > > (a) to promptly notify the registrar of the Drug Court or the Commissioner of any failure by an offender to comply with the offender’s compulsory drug treatment personal plan, and > > > > > (b) to promptly comply with the requirements of the regulations with respect to the giving of information to the registrar of the Drug Court or the Commissioner. > > > (3) The following provisions apply to and in respect of any information (protected information) relating to an offender that is provided to the Drug Court or the Commissioner, or to any person to whom this section applies, by a person to whom this section applies— > > > > > (a) the provision of the information does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct, > > > > > (b) the provision of the information does not constitute a contravention of the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071) or the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133), > > > > > (c) no liability for defamation is incurred because of the provision of the information, > > > > > (d) the provision of the information does not constitute a ground for civil proceedings for malicious prosecution or for conspiracy, > > > > > (e) the information is not admissible in evidence in any proceedings before a court, tribunal or committee, > > > > > (f) a person is not compellable in any proceedings before a court, tribunal or committee to disclose the information or to produce any document that contains the information. > > > (4) The provisions of subsection (3) (e) and (f) do not apply to or in respect of the provision of protected information— > > > > > (a) in proceedings before the Drug Court or any court hearing or determining an appeal from a decision of the Drug Court, or > > > > > (b) in proceedings before the Parole Authority or any court hearing or determining an application in relation to a decision of the Parole Authority, or > > > > > (c) in support of, or in answer to, any charge or allegation made in proceedings against a person in relation to the person’s exercise of functions under this Act. > > > (5) An offender is taken to have authorised the communication of protected information— > > > > > (a) from any person to whom this section applies to the registrar of the Drug Court or the Commissioner, and > > > > > (b) from the registrar of the Drug Court or the Commissioner to any person to whom this section applies, and > > > > > (c) from any member of staff of the Drug Court or Corrective Services NSW to any other member of staff of the Drug Court or Corrective Services NSW. > > > (6) A provision of any Act or law that prohibits or restricts the disclosure of information does not operate to prevent the provision of information in accordance with this section. > > **s 106Y:** Ins 2004 No 42, Sch 3 \[4\]. Am 2004 No 94, Sch 1 \[9\]; 2006 No 58, Sch 1.8 \[4\]–\[6\].