sec.63Confidentiality of criminal history information

sec.63 Confidentiality of criminal history information

This section applies to a person who— is or has been— the Minister or a member of the Minister’s staff; or a public service employee performing functions under, or relating to the administration of, this Act; and in that capacity, has acquired or has access to criminal history information. The person must not disclose the criminal history information to anyone else, or use the criminal history information, other than under subsection (3) . 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 by this Act or another law; or with the consent of the person to whom the criminal history information relates. A person who possesses a report given to the Minister under section 61 or a notice given to the Minister under section 62 must ensure the report or notice 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 information contained in— a report given to the Minister under section 61 ; or a notice given to the Minister under section 62 . disclose includes give access to. (sec.63-ssec.1) This section applies to a person who— is or has been— the Minister or a member of the Minister’s staff; or a public service employee performing functions under, or relating to the administration of, this Act; and in that capacity, has acquired or has access to criminal history information. (sec.63-ssec.2) The person must not disclose the criminal history information to anyone else, or use the criminal history information, other than under subsection (3) . Maximum penalty—100 penalty units. (sec.63-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 by this Act or another law; or with the consent of the person to whom the criminal history information relates. (sec.63-ssec.4) A person who possesses a report given to the Minister under section 61 or a notice given to the Minister under section 62 must ensure the report or notice is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given. (sec.63-ssec.5) Subsection (4) applies despite the Public Records Act 2023 . (sec.63-ssec.6) In this section— criminal history information means information contained in— a report given to the Minister under section 61 ; or a notice given to the Minister under section 62 . disclose includes give access to.

• (a) is or has been— (i) the Minister or a member of the Minister’s staff; or (ii) a public service employee performing functions under, or relating to the administration of, this Act; and