sec.97Confidentiality of criminal history information

sec.97 Confidentiality of criminal history information

This section applies to a person who— is, or has been— the Minister; or a public service employee performing functions under or relating to the administration of chapter 2 , part 1 , division 3 or chapter 4 , part 1 , division 3 ; 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 information, other than under this section. Maximum penalty—200 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 this Act; or otherwise required or permitted under this Act or another law; or with the written consent of the person to whom the information relates; or in compliance with a lawful process requiring the production of documents to, or giving of evidence before, a court or tribunal; or if the information is, or has been, lawfully accessible to the public. A person who possesses a document containing criminal history information must ensure the document 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 2002 . In this section— criminal history information means information contained in— a report and description of circumstances given under section 23 or 77 ; or a notice given under section 24 or 78 . (sec.97-ssec.1) This section applies to a person who— is, or has been— the Minister; or a public service employee performing functions under or relating to the administration of chapter 2 , part 1 , division 3 or chapter 4 , part 1 , division 3 ; and in that capacity, has acquired or has access to criminal history information. (sec.97-ssec.2) The person must not disclose the criminal history information to anyone else, or use the information, other than under this section. Maximum penalty—200 penalty units. (sec.97-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 this Act; or otherwise required or permitted under this Act or another law; or with the written consent of the person to whom the information relates; or in compliance with a lawful process requiring the production of documents to, or giving of evidence before, a court or tribunal; or if the information is, or has been, lawfully accessible to the public. (sec.97-ssec.4) A person who possesses a document containing criminal history information must ensure the document is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given. (sec.97-ssec.5) Subsection (4) applies despite the Public Records Act 2002 . (sec.97-ssec.6) In this section— criminal history information means information contained in— a report and description of circumstances given under section 23 or 77 ; or a notice given under section 24 or 78 .