sec.20Confidentiality of criminal history information

### sec.20 Confidentiality of criminal history information This section applies to a person who possesses criminal history information because the person is or was— the Minister; or a council member; or the director; or a staff member of the institute or other person engaged by the council; or a public service employee performing functions under or relating to the administration of this Act. The person must not disclose the criminal history information to anyone else, or use the criminal history information, other than under this section. Maximum penalty—100 penalty units. The person may disclose or use the criminal history information— to the extent the disclosure or use— is necessary to perform the person’s functions under or relating to the administration of this Act; or is otherwise required or permitted under this Act or another law; or with the consent of the person to whom the information relates; or in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal. A person who possesses criminal history information must ensure the information is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given. Subsection (4) applies despite the Public Records Act 2023 . In this section— criminal history information means— a report given under section 18 ; or a notice given under section 19 . (sec.20-ssec.1) This section applies to a person who possesses criminal history information because the person is or was— the Minister; or a council member; or the director; or a staff member of the institute or other person engaged by the council; or a public service employee performing functions under or relating to the administration of this Act. (sec.20-ssec.2) The person must not disclose the criminal history information to anyone else, or use the criminal history information, other than under this section. Maximum penalty—100 penalty units. (sec.20-ssec.3) The person may disclose or use the criminal history information— to the extent the disclosure or use— is necessary to perform the person’s functions under or relating to the administration of this Act; or is otherwise required or permitted under this Act or another law; or with the consent of the person to whom the information relates; or in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal. (sec.20-ssec.4) A person who possesses criminal history information must ensure the information is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given. (sec.20-ssec.5) Subsection (4) applies despite the Public Records Act 2023 . (sec.20-ssec.6) In this section— criminal history information means— a report given under section 18 ; or a notice given under section 19 . - (a) the Minister; or - (b) a council member; or - (c) the director; or - (d) a staff member of the institute or other person engaged by the council; or - (e) a public service employee performing functions under or relating to the administration of this Act. - (a) to the extent the disclosure or use— (i) is necessary to perform the person’s functions under or relating to the administration of this Act; or (ii) is otherwise required or permitted under this Act or another law; or - (i) is necessary to perform the person’s functions under or relating to the administration of this Act; or - (ii) is otherwise required or permitted under this Act or another law; or - (b) with the consent of the person to whom the information relates; or - (c) in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal. - (i) is necessary to perform the person’s functions under or relating to the administration of this Act; or - (ii) is otherwise required or permitted under this Act or another law; or - (a) a report given under section 18 ; or - (b) a notice given under section 19 .