134Disclosures to registered affected people

134 Disclosures to registered affected people (a) a forensic mental health order has been made in relation to a forensic patient; or (b) under an order of a court under the Crimes Act, part 13 or the Crimes Act 1914 (Cwlth), part 1B, a forensic patient must submit to the jurisdiction of the ACAT or is subject to a review (2) The director-general must disclose to a registered affected person in relation to the forensic patient information about any of the following happening in relation to the forensic patient: (a) an application for a forensic mental health order has been made; (b) a forensic mental health order is in force; (c) the patient must submit to the jurisdiction of the ACAT or is subject to a review by the ACAT; (d) a decision made by the ACAT in relation to the patient in the circumstances mentioned in paragraph (c); (e) the patient absconds, or fails to return after leave, from a mental health facility or community care facility; (f) the patient is transferred to or from another jurisdiction; (g) the patient is released from a mental health facility or community care facility.

(3) The director-general may disclose any other information about the forensic patient to a registered affected person in relation to the patient that the director-general considers necessary for the registered affected person’s safety and wellbeing. (4) However, the director-general must not disclose identifying information about a child, or a person who was a child when the offence was committed or alleged to have been committed, unless the offence was a personal violence offence and the director-general believes that the registered affected person, or a family member of the affected person, may come into contact with the child or person. (5) If the registered affected person is a child under 15 years old, the director-general may give the information to a person who has parental responsibility for the affected person under the Children and Young People Act 2008, division 1.3.2 (Parental responsibility). (6) Subsection (5) does not limit the cases in which the director-general may give information to a person acting for a registered affected (7) The director-general must ensure that every disclosure under this section is accompanied by a written statement that— (a) the registered affected person must not publish the disclosed information; and (b) publishing disclosed information may result in a registered affected person being removed from the register of affected people; and (c) if the disclosed information relates to a forensic patient who is a child or young person, or was a child or young person when the offence was committed or alleged to have been committed— publishing the disclosed information is an offence under the Criminal Code, section 712A.

(8) In this section: family violence offence—see the Family Violence Act 2016, dictionary. personal violence offence means— (a) an offence that involves causing harm, or threatening to cause harm, to anyone; or (b) a family violence offence.