64Secrecy

64 Secrecy (1) In this section: protected information— (a) means information about a person that is disclosed to, or obtained by, a secret-keeper because of the exercise of a function by the secret-keeper under this Act; but (b) does not include— (i) information in a restorative justice agreement; or (ii) information disclosing who attended a restorative justice conference; or (iii) a written record of consent made under section 52 (3). Examples of protected information 1 information obtained by a referring entity or the director-general in assessing the eligibility of a victim, parent or offender for restorative justice 2 information obtained by the convenor of a restorative justice conference in preparing the conference 3 a transcript (or other record) of what is said during a restorative justice conference that is kept by the convenor or the director-general

Section 64 page 52 Crimes (Restorative Justice) Act 2004 secret-keeper means a person who is exercising, or has exercised, a function under this Act. Examples 1 a referring entity, or the delegate of a referring entity, if the referring entity or delegate is considering whether to refer an offence for restorative justice 2 the director-general, or a delegate of the director-general, if the director-general or delegate is considering whether an offence is suitable for restorative justice, or whether a restorative justice conference for an offence should be called 3 the convenor of a restorative justice conference, if the convenor is making preparations for a restorative justice conference 4 a staff member of an administrative unit, if the staff member is assisting a secret-keeper mentioned in examples 1, 2 or 3 in carrying out the functions mentioned in those examples (2) A secret-keeper commits an offence if the secret-keeper— (a) makes a record of protected information; or (b) directly or indirectly discloses or communicates protected information about someone to someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) Subsection (2) does not apply if the record is made, or the information is disclosed or communicated— (a) under this or any other Act; or (b) in relation to the exercise of a function, as a secret-keeper, under this or any other Act. (4) Subsection (2) does not prevent a secret-keeper from divulging or communicating protected information about someone with that person’s consent.

General administration Division 9.1 Section 65 (5) For a civil proceeding, a secret-keeper must not— (a) disclose or communicate protected information to a court; or (b) produce or permit access to a document containing protected information to a court. (6) For a criminal proceeding, unless it is necessary to do so to comply with this Act, any other territory law or a law of the Commonwealth, a secret-keeper is not required— (a) to disclose or communicate protected information to a court; or (b) to produce or permit access to a document containing protected information to a court.