sec.134AAAccess to transcripts of sexual offence proceedings for research

### sec.134AA Access to transcripts of sexual offence proceedings for research For the purpose of allowing a person to carry out research, the chief executive may authorise the person to have access to a transcript of a criminal proceeding that relates wholly or partly to a charge of a sexual offence if— the chief executive is satisfied— the research has been approved by— if the research relates to Aboriginal or Torres Strait Islander peoples—the Australian Institute of Aboriginal and Torres Strait Islander Studies; or otherwise—a human research ethics committee; and the transcript is reasonably necessary for the research; and the transcript will not be published in a way that could reasonably be expected to result in the identification of any of the persons to whom the transcript relates; and the person gives a written undertaking to preserve the confidentiality of the transcript and the anonymity of the persons to whom the transcript relates. The chief executive may contact, or authorise the person to contact, the defendant or complainant in the criminal proceeding to ask if they would like to participate in the research being carried out by the person. The chief executive may authorise the person to use or disclose the transcript, or give access to the transcript, to someone else. The chief executive may impose any other conditions on the authorisation the chief executive considers appropriate. The person must comply with any condition imposed by the chief executive unless the person has a reasonable excuse. Maximum penalty—100 penalty units. s 134AA ins 2024 No. 5 s 72 (sec.134AA-ssec.1) For the purpose of allowing a person to carry out research, the chief executive may authorise the person to have access to a transcript of a criminal proceeding that relates wholly or partly to a charge of a sexual offence if— the chief executive is satisfied— the research has been approved by— if the research relates to Aboriginal or Torres Strait Islander peoples—the Australian Institute of Aboriginal and Torres Strait Islander Studies; or otherwise—a human research ethics committee; and the transcript is reasonably necessary for the research; and the transcript will not be published in a way that could reasonably be expected to result in the identification of any of the persons to whom the transcript relates; and the person gives a written undertaking to preserve the confidentiality of the transcript and the anonymity of the persons to whom the transcript relates. (sec.134AA-ssec.2) The chief executive may contact, or authorise the person to contact, the defendant or complainant in the criminal proceeding to ask if they would like to participate in the research being carried out by the person. (sec.134AA-ssec.3) The chief executive may authorise the person to use or disclose the transcript, or give access to the transcript, to someone else. (sec.134AA-ssec.4) The chief executive may impose any other conditions on the authorisation the chief executive considers appropriate. (sec.134AA-ssec.5) The person must comply with any condition imposed by the chief executive unless the person has a reasonable excuse. Maximum penalty—100 penalty units. - (a) the chief executive is satisfied— (i) the research has been approved by— (A) if the research relates to Aboriginal or Torres Strait Islander peoples—the Australian Institute of Aboriginal and Torres Strait Islander Studies; or (B) otherwise—a human research ethics committee; and (ii) the transcript is reasonably necessary for the research; and - (i) the research has been approved by— (A) if the research relates to Aboriginal or Torres Strait Islander peoples—the Australian Institute of Aboriginal and Torres Strait Islander Studies; or (B) otherwise—a human research ethics committee; and - (A) if the research relates to Aboriginal or Torres Strait Islander peoples—the Australian Institute of Aboriginal and Torres Strait Islander Studies; or - (B) otherwise—a human research ethics committee; and - (ii) the transcript is reasonably necessary for the research; and - (b) the transcript will not be published in a way that could reasonably be expected to result in the identification of any of the persons to whom the transcript relates; and - (c) the person gives a written undertaking to preserve the confidentiality of the transcript and the anonymity of the persons to whom the transcript relates. - (i) the research has been approved by— (A) if the research relates to Aboriginal or Torres Strait Islander peoples—the Australian Institute of Aboriginal and Torres Strait Islander Studies; or (B) otherwise—a human research ethics committee; and - (A) if the research relates to Aboriginal or Torres Strait Islander peoples—the Australian Institute of Aboriginal and Torres Strait Islander Studies; or - (B) otherwise—a human research ethics committee; and - (ii) the transcript is reasonably necessary for the research; and - (A) if the research relates to Aboriginal or Torres Strait Islander peoples—the Australian Institute of Aboriginal and Torres Strait Islander Studies; or - (B) otherwise—a human research ethics committee; and