10Information not to be disclosed

10 Information not to be disclosed

S. 10(1) amended by Nos 31/2000 s. 12(1)(a), 43/2014 s. 17(1)(a).

(1) A person must not, either directly or indirectly, make a record of, disclose, or communicate to another person any information relating to the making of an entry in the register of births or the register of marriages under this Act or any information relating to the acquisition of an assumed identity under Division 3, unless it is necessary to do so—

(a) for the purposes of this Act; or

S. 10(1)(b) amended by Nos 63/2004 s. 33(b), 82/2012 s. 168(3)(a).

(b) for the purposes of an investigation by the IBAC; or

S. 10(1)(ba) inserted by No. 50/2021 s. 146)(1), repealed by No. 31/2023 s. 70(1).

S. 10(1)(c) amended by No. 34/2016 s. 13(1)(a).

(c) to comply with an order of the Supreme Court; or

S. 10(1)(d) inserted by No. 34/2016 s. 13(1)(b).

(d) for the purpose of enabling the IBAC to perform its functions under this Act; or

S. 10(1)(e) inserted by No. 34/2016 s. 13(1)(b).

(e) for the purpose of enabling the Public Interest Monitor to perform the functions of the Public Interest Monitor under this Act.

1. Level 5 Imprisonment (Maximum 10 years)

S. 10(2) amended by Nos 31/2000 s. 12(1)(b), 43/2014 ss 17(1)(b), 37(c).

(2) Despite subsection (1), the Chief Commissioner, a police officer, an approved authority or an officer of an approved authority may disclose the former identity of a witness or a member of the family of a witness for the purpose of obtaining documents relating to the new identity of the witness or family member.

S. 10(3) amended by No. 31/2000 s. 12(1) (c)(i)(iii).

(3) Subject to subsection (4), a person who is or has been a witness or a member of the family of a witness must not, either directly or indirectly, disclose or communicate to another person, in Victoria or elsewhere—

(a) the fact that he or she or a member of his or her family has entered a memorandum of understanding under section 5; or

S. 10(3)(b) amended by No. 34/2016 s. 13(2).

(b) details of the memorandum of understanding under section 5; or

S. 10(3)(ba) inserted by No. 43/2014 s. 17(1)(c).

(ba) the fact that an interim protection declaration has been made in relation to him or her or a member of his or her family; or

S. 10(3)(bb) inserted by No. 43/2014 s. 17(1)(c).

(bb) details of the interim protection declaration; or

S. 10(3)(bc) inserted by No. 43/2014 s. 17(1)(c).

(bc) the fact that an authority has been granted under Division 3 in relation to him or her or a member of his or her family; or