sec.78CConfidentiality of criminal history information

### sec.78C Confidentiality of criminal history information This section applies to a person who possesses criminal history information because the person is or was the ombudsman, the inspector of detention services or an officer of the ombudsman. The person must not, directly or indirectly, disclose the criminal history information to another person unless the disclosure is permitted under subsection (3) . Maximum penalty—100 penalty units. The person may disclose the criminal history information to another person— to the extent necessary to perform the person’s functions under this Act or the Inspector of Detention Services Act 2022 ; or if the disclosure is authorised under an Act; or if the disclosure is otherwise required or permitted by law; or if the person to whom the information relates consents to the disclosure; or if the disclosure is in a form that does not identify the person to whom the information relates; or if the information is, or has been, lawfully accessible to the public. The person must ensure the criminal history information is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested. In this section— criminal history information means a report or information given to the ombudsman under section 78B . s 78C ins 2017 No. 17 s 182 amd 2022 No. 18 s 89 (sec.78C-ssec.1) This section applies to a person who possesses criminal history information because the person is or was the ombudsman, the inspector of detention services or an officer of the ombudsman. (sec.78C-ssec.2) The person must not, directly or indirectly, disclose the criminal history information to another person unless the disclosure is permitted under subsection (3) . Maximum penalty—100 penalty units. (sec.78C-ssec.3) The person may disclose the criminal history information to another person— to the extent necessary to perform the person’s functions under this Act or the Inspector of Detention Services Act 2022 ; or if the disclosure is authorised under an Act; or if the disclosure is otherwise required or permitted by law; or if the person to whom the information relates consents to the disclosure; or if the disclosure is in a form that does not identify the person to whom the information relates; or if the information is, or has been, lawfully accessible to the public. (sec.78C-ssec.4) The person must ensure the criminal history information is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested. (sec.78C-ssec.5) In this section— criminal history information means a report or information given to the ombudsman under section 78B . - (a) to the extent necessary to perform the person’s functions under this Act or the Inspector of Detention Services Act 2022 ; or - (b) if the disclosure is authorised under an Act; or - (c) if the disclosure is otherwise required or permitted by law; or - (d) if the person to whom the information relates consents to the disclosure; or - (e) if the disclosure is in a form that does not identify the person to whom the information relates; or - (f) if the information is, or has been, lawfully accessible to the public.