226Victoria Police personnel duty not to access, use or disclose police information

226 Victoria Police personnel duty not to access, use or disclose police information S. 226(1) substituted by No. 37/2022 s. 21(1). (1) A member or former member of Victoria Police personnel must not, without reasonable excuse, access, use or disclose police information unless the access, use or disclosure of that information is— (a) directly related to the member's current functions or duties as a member of Victoria Police personnel; or (b) authorised in accordance with section 230 or 231. S. 226(2) substituted by No. 37/2022 s. 21(1). (2) For the purposes of subsection (1)(a), in determining whether access, use or disclosure of police information is directly related to a person's current functions or duties as a member of Victoria Police personnel, regard may be had to the Chief Commissioner's instructions. S. 226(3) repealed by No. 37/2022 s. 21(2). 227 Unauthorised access to, use of or disclosure of police information by members or former members of Victoria Police personnel—summary offence S. 227(1) amended by No. 2/2024 s. 56(1). (1) A member or former member of Victoria Police personnel must not, without reasonable excuse, access, use or disclose any police information if it is the duty of the member or former member under section 226 not to access, make use of or disclose the information. (2) Without limiting what may be a reasonable excuse, it is a reasonable excuse if the member or former member took reasonable steps not to access, use or disclose the police information. S. 227(3) inserted by No. 2/2024 s. 56(2). (3) A proceeding for an offence against subsection (1) must be commenced within the period of 3 years after the date on which the offence is alleged to have been committed. 228 Unauthorised access to, use of or disclosure of police information by members or former members of Victoria Police personnel—indictable offence (1) A member or former member of Victoria Police personnel must not access, use or disclose any police information if— S. 228(1)(a) amended by No. 2/2024 s. 57. (a) it is the duty of the member or former member under section 226 not to access, use or disclose the information; and (b) the member or former member knows or is reckless as to whether the information may be used (whether by the member or former member or any other person) to— (i) endanger the life or safety of any person; or (ii) commit, or assist in the commission of, an indictable offence; or (iii) impede or interfere with the administration of justice. Penalty: 600 penalty units or imprisonment for 5 years or both. (2) An offence against subsection (1) is an indictable offence.