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Crimes (Forensic Procedures) Act 2000
111Disclosure of information
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111 Disclosure of information
(1) A person who has access—
(a) to any information stored on the ACT DNA database; or
(b) to any other information revealed by a forensic procedure
carried out on the suspect, serious offender or volunteer;
must not disclose that information except as provided by this section.
(2) A person may only disclose information stored on the ACT DNA
database for 1 or more of the following purposes:
(a) the purpose of forensic comparison, by a police officer or
anyone else prescribed by regulation, in the course of a criminal
investigation or an investigation by a police officer relating to a
missing or dead person;
(b) the purpose of making the information available, in accordance
with the regulations, to the person to whom the information
relates;
(c) the purpose of administering the ACT DNA database;
(d) the purpose of reviewing or auditing the ACT DNA database;
(e) for the purpose of, and in accordance with, an arrangement
entered into under section 102 (Database information) for the
provision of access to information on the ACT DNA database
by law enforcement officers or anyone else prescribed by
regulation;
(f) for the purpose of the Mutual Assistance in Criminal Matters
(g) the purpose of a coronial inquest or inquiry;
(h) the purpose of investigation of a complaint by the information
privacy commissioner (or someone who has corresponding
functions under the law of another participating jurisdiction).
(3) A person may only disclose information revealed by the carrying out
of a forensic procedure as follows:
(a) if the person is the suspect, serious offender or volunteer to
whom the information relates;
(b) if the information is already publicly known;
(c) in accordance with any other provision of this Act;
(d) in accordance with the Mutual Assistance in Criminal Matters
(e) for the purposes of the investigation of any offence or offences
generally;
(f) for the purpose of a decision whether to institute a proceeding
for any offence;
(g) for the purpose of a proceeding for any offence;
(h) for the purpose of a coronial inquest or inquiry;
(i) for the purpose of a civil proceeding (including a disciplinary
proceeding) that relates to how the procedure was carried out;
(j) for the purpose of the suspect’s, serious offender’s or
volunteer’s medical treatment;
(k) for the purpose of the medical treatment of a victim of an offence
if there are reasonable grounds to believe the offence was
committed by the person on whom the forensic procedure was
carried out;
(l) if the suspect, serious offender or volunteer consents in writing
to the disclosure.
(4) This section does not apply to information that cannot be used to
discover the identity of any person.
(5) A person commits an offence if—
(a) the person’s conduct causes the disclosure of information in
contravention of this section; and
(b) the person intends, or is reckless about, the disclosure.