112AProvision of personal information for benefit of victims of crime and family victims

112A Provision of personal information for benefit of victims of crime and family victims

112A Provision of personal information for benefit of victims of crime and family victims

(1) A victims rights agency is not required to comply with section 9, 10, 17, 18 or 19 of the Privacy and Personal Information Protection Act 1998 if compliance by the agency would prevent—

(a) the disclosure of information to a victim of crime or a family victim to which the victim is entitled under the Charter of Victims Rights (or the collection, use or disclosure of information that is incidental to that purpose), or

(b) the disclosure of information that is reasonably necessary to inform a victim of crime or a family victim about the general location or movements of a serious offender of whom they were the victim, or

(c) the disclosure of information to the responsible agency for a relevant victims register that is reasonably necessary to enable the responsible agency to comply with an obligation under an Act to notify a victim of crime or a family victim about the relevant victims register.

(2) However, nothing in subsection (1) requires a victims rights agency to disclose personal information to a victim of crime or a family victim if the agency is prohibited from doing so by or under this or any other Act or law.

(2A) The personal information that may be provided by a victims rights agency to a victim of crime in accordance with subsection (1) may, if the victim is a child under the age of 18 years or lacks the capacity to understand the nature of the information, be disclosed by the agency to a parent or guardian of the victim.

(3) In this section—

personal information has the same meaning as in the Privacy and Personal Information Protection Act 1998.

serious offender means a person who has been convicted of an indictable offence that is punishable by imprisonment for life or for a term of 5 years or more.

victims rights agency means any of the following government sector agencies—

(a) the Department of Family and Community Services,

(b) the Department of Justice,

(c) the Cabinet Office,