sec.26Disclosing information from public records about expunged convictions or charges

sec.26 Disclosing information from public records about expunged convictions or charges

This section applies to a person who— has access to information in a public record about an expunged conviction or expunged charge; and knows, or ought reasonably to know, the conviction or charge is an expunged conviction or expunged charge. The person must not disclose the information to anyone unless the person has a reasonable excuse. Maximum penalty—100 penalty units. Subsection (2) does not apply to a disclosure of information— to the extent necessary to perform a function under this Act; or annotating a public record under section 28 to the extent necessary to perform a function under the Public Records Act 2023 ; or to, or with the written consent of, the person to whom the expunged conviction or expunged charge relates; or in a form that could not identify any person to whom the information relates. s 26 amd 2023 No. 33 s 107 sch 4 (sec.26-ssec.1) This section applies to a person who— has access to information in a public record about an expunged conviction or expunged charge; and knows, or ought reasonably to know, the conviction or charge is an expunged conviction or expunged charge. (sec.26-ssec.2) The person must not disclose the information to anyone unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.26-ssec.3) Subsection (2) does not apply to a disclosure of information— to the extent necessary to perform a function under this Act; or annotating a public record under section 28 to the extent necessary to perform a function under the Public Records Act 2023 ; or to, or with the written consent of, the person to whom the expunged conviction or expunged charge relates; or in a form that could not identify any person to whom the information relates.

• (a) has access to information in a public record about an expunged conviction or expunged charge; and
• (b) knows, or ought reasonably to know, the conviction or charge is an expunged conviction or expunged charge.
• (a) to the extent necessary to perform a function under this Act; or Example of a function under this Act— annotating a public record under section 28
• (b) to the extent necessary to perform a function under the Public Records Act 2023 ; or
• (c) to, or with the written consent of, the person to whom the expunged conviction or expunged charge relates; or
• (d) in a form that could not identify any person to whom the information relates.