58Disclosure of certain matters

### 58 Disclosure of certain matters > > (1)  A person must not – > > > > > > (a) publish, or cause to be published, any prohibited matter; or > > > > > > > (b) solicit or obtain the disclosure by a juror or former juror of any prohibited matter. > > > > Penalty:  In the case of – > > > > > > (a) a body corporate, a fine not exceeding 3 000 penalty units; or > > > > > > > (b) a natural person, a fine not exceeding 600 penalty units or imprisonment for a term not exceeding 2 years. > > > (2)  A juror must not disclose any prohibited matter during the course of a trial except in the course of deliberations with another juror in that trial. > > > > Penalty:  Fine not exceeding 600 penalty units or imprisonment for a term not exceeding 2 years. > > > (3)  A former juror must not disclose any prohibited matter if the person has reason to believe that the disclosure may result in the prohibited matter being published to the public. > > > > Penalty:  Fine not exceeding 600 penalty units or imprisonment for a term not exceeding 2 years. > > > (4)  The provisions of [subsection (1)](#GS58@Gs1@EN) or [subsection (3)](#GS58@Gs3@EN) do not prevent a former juror from disclosing, in relation to issues arising out of the person's service as a juror, any prohibited matter to – > > > > > > (a) [*\[Section 58 Subsection (4) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja36@GC2@Hpa@EN) a medical practitioner or a psychologist in the course of treatment; or > > > > > > > (b) [*\[Section 58 Subsection (4) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja43@GC2@EN) an Australian legal practitioner in the course of seeking professional legal advice. > > > (5)  [*\[Section 58 Subsection (5) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja36@GC2@Hpb@EN) A medical practitioner or psychologist must not disclose any information referred to in [subsection (4)](#GS58@Gs4@EN) to any other person. > > > > Penalty:  Fine not exceeding 600 penalty units or imprisonment for a term not exceeding 2 years. > > > (6)  The provisions of this section do not prevent – > > > > > > (a) a juror or former juror disclosing any information about the deliberations of a jury to – > > > > > > > > > > (i) a judge, the court or the Magistrates Court; or > > > > > > > > > > > (ii) a board or commission appointed by the Governor; or > > > > > > > > > > > (iii) the Attorney-General; or > > > > > > > > > > > (iv) the Director of Public Prosecutions for Tasmania for the purpose of an investigation and prosecution relating to a criminal offence involving a juror or former juror; or > > > > > > > > > > > (v) the Director of Public Prosecutions for the Commonwealth for the purpose of an investigation and prosecution relating to a criminal offence involving a juror or former juror; or > > > > > > > (b) the investigation by a police officer at the request of the Director of Public Prosecutions for Tasmania or the Director of Public Prosecutions for the Commonwealth of a complaint about the deliberations of a jury or the disclosure of information about those deliberations by a juror or former juror to the police in the course of the investigation; or > > > > > > > (c) the investigation by a person authorised by the court sitting as the Court of Appeal in relation to an appeal to that Court of an allegation about the deliberations of a jury or the disclosure of information about those deliberations by a juror or former juror to the authorised person in the course of that investigation; or > > > > > > > (d) the publication or disclosure by a person of any information about the deliberations of a jury if that publication or disclosure is not capable of identifying a juror or the relevant legal proceeding; or > > > > > > > (e) a person from soliciting information from a juror or former juror in accordance with an authority granted by the Attorney-General for the conduct of a research project into matters relating to juries or jury service. > > > (7)  This section does not apply to the disclosure of information about a proceeding for an offence under this section if, before the proceeding was commenced, the information had been published generally to the public. > > > (8)  A prosecution for an offence under this section may only be brought with the consent in writing of the Director of Public Prosecutions or a person authorised by the Director of Public Prosecutions to give consent for the purposes of this subsection. > > > (9)  An offence under this section is an indictable offence.