70ZDisclosure considerations

70Z Disclosure considerations (1) In deciding whether to disclose specified information under section 70Y the Chief Commissioner of Police must have regard to the following— (a) the welfare of the affected person; (b) the affected person's preferences (if any) as to contact; (c) any other matter the Chief Commissioner of Police considers relevant. (2) The Chief Commissioner of Police may also have regard to— (a) the welfare of any other affected person; and (b) the capacity of the affected person to receive a disclosure, nominate a representative or express a preference as to contact; and (c) if the disclosure under section 70Y(1) is made to a parent or representative of a parent instead of a child, the parent's welfare and capacity to receive a disclosure, nominate a representative or express a preference as to contact. S. 70ZA iinserted by No. 55/2025 s. 73. 70ZA Specified information (1) For the purposes of section 70Y(1), the following information is specified about a relevant application or relevant matter— (a) the name of the registrable offender; (b) the nature of the relevant application or relevant matter; (c) in the case of a relevant application made to a court, details about how to find information about the date, time and place of the hearing; (d) the decision of the court or the Chief Commissioner of Police (as the case requires) in relation to the relevant application or relevant matter, including— (i) if the relevant application is an application for a sex offender registration order, the reporting period specified in the order; and (ii) if the relevant application or relevant matter relates to a suspension of reporting obligations, the period for which the registrable offender's reporting obligations are suspended; and (iii) if the relevant application is an application for approval of change of name or approval of an acknowledgement of sex, the name registered and date on which it was registered by the Registrar; (e) the date on which the decision was made by the court or the Chief Commissioner of Police. (2) For the purposes of section 70Y(1), the following information is specified in relation to a relevant event— (a) the name of the registrable offender; (b) in the case of the making of a sex offender registration order under section 11(1), (2) or (9)— (i) the date on which the order was made; and (ii) the reporting period specified in the order; (c) in the case of a suspension order that has ceased to have effect— (i) the order that has ceased to have effect; and (ii) the date on which it ceased to have effect; and (iii) the reason that the order ceased to have effect; (d) if the suspension order has been revived by operation of section 44(2)— (i) the order that has been revived; and (ii) the date on which it was revived; and (iii) the reason that the order has been revived. S. 70ZB inserted by No. 55/2025 s. 73. 70ZB Affected person may nominate contact preferences and representative (1) An affected person may notify the Chief Commissioner of Police from time to time of the affected person's preference as to contact for the purposes of receiving a disclosure of information under section 70Y. (2) An affected person may nominate a representative to receive a disclosure under section 70Y on their behalf. (3) A nomination under subsection (2) must be made in the form approved by the Chief Commissioner of Police and include the name and contact details of the person nominated as a representative. S. 70ZC inserted by No. 55/2025 s. 73. 70ZC Secretary may give Chief Commissioner of Police information included in victims register If requested by the Chief Commissioner of Police for the purposes of disclosing information under this Part, the Secretary may— (a) advise the Chief Commissioner of Police— (i) whether an affected person is included in the victims register in respect of a registrable offence committed by the registrable offender; and (ii) if that affected person is included in the victims register, the name of any nominee; and (b) give to the Chief Commissioner of Police the contact details and contact preferences of an affected person included in the victims register and of any nominee included for that affected person in the victims register. S. 70ZD inserted by No. 55/2025 s. 73. 70ZD Record of contact preferences and details The Chief Commissioner of Police must keep a record of— (a) contact details and contact preferences of an affected person notified under section 70ZB or obtained under section 70ZC; and (b) the name, contact details and contact preferences of any affected person's representative notified under section 70ZB or obtained under section 70ZC. S. 70ZE inserted by No. 55/2025 s. 73. 70ZE Obligation to maintain confidentiality of information disclosed—affected person or affected person's representative (1) An affected person or an affected person's representative to whom information is disclosed under section 70Y must maintain the confidential nature of the information. (2) An affected person or affected person's representative does not fail to maintain the confidential nature of the information merely by— (a) in the case of an affected person's representative or a parent of an affected person, disclosing the information to the affected person on whose behalf the disclosure under section 70Y was received; or (b) in any case, disclosing the information to an authorised person. (3) A disclosure in circumstances referred to in subsection (2) does not affect the confidential nature of the information. (4) For the purposes of this section, information disclosed under section 70Y is no longer confidential in nature if it lawfully enters the public domain. S. 70ZF inserted by No. 55/2025 s. 73. 70ZF Obligation to maintain confidentiality—authorised persons and third parties (1) This section applies to a person who— (a) receives information that was disclosed to an affected person or an affected person's representative under section 70Y; and (b) knows or ought reasonably to have known that the information was disclosed to an affected person or an affected person's representative under section 70Y by the Chief Commissioner of Police. (2) The person must maintain the confidential nature of that information. (3) For the purposes of this section, information disclosed under section 70Y is no longer confidential in nature if it lawfully enters the public domain. S. 70ZG inserted by No. 55/2025 s. 73. 70ZG Offence to publish information disclosed under this Part (1) A person must not publish any information about a registrable offender if— (a) the information was disclosed to an affected person or an affected person's representative under section 70Y; and (b) the person knows or ought reasonably to have known that the information was disclosed to an affected person or an affected person's representative under section 70Y. Penalty: 60 penalty units in the case of a natural person; 1200 penalty units in the case of a body corporate. (2) A person must not, for the purposes of publication, solicit or obtain from an affected person or an affected person's representative information that was disclosed to that person under section 70Y. Penalty: 120 penalty units or 1 year imprisonment, in the case of a natural person; 1200 penalty units, in the case of a body corporate. (3) This section does not apply to information about a registrable offender that has lawfully entered the public domain. S. 70ZH inserted by No. 55/2025 s. 73. 70ZH Part does not create rights to information or consultation Nothing in this Part— (a) requires the Chief Commissioner of Police to disclose any specified information to an affected person; or (b) creates any right for an affected person to be consulted by the Chief Commissioner of Police in relation to a relevant application or relevant matter.