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 (b) for the purposes of an investigation by the IBAC; or S. 10(1)(ba) inserted by No. 50/2021 s. 146)(1), repealed by No. 31/2023 s. 70(1).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 S. 10(3)(bd) inserted by No. 43/2014 s. 17(1)(c). (bd) details of the authority; or S. 10(3)(be) inserted by No. 34/2016 s. 13(3). (be) the fact that the witness or a member of the family of the witness has entered into a memorandum of understanding under section 9R; or S. 10(3)(bf) inserted by No. 34/2016 s. 13(3). (bf) details of the memorandum of understanding under section 9R; or S. 10(3)(c) amended by Nos 31/2000 s. 12(1)(c)(ii), 37/2014 s. 10(Sch. item 185.4), 43/2014 s. 17(1)(d). (c) information relating to anything done by the Chief Commissioner or another police officer or an approved authority or an officer of an approved authority under this Act; or S. 10(3)(d) amended by Nos 31/2000 s. 12(1)(c)(ii), 37/2014 s. 10(Sch. item 185.4). (d) information about any police officer or an approved authority or an officer of an approved authority gained by the person as a result of anything done under this Act. 1. Level 6 Imprisonment (Maximum 5 years). (4) Subsection (3) does not apply to a disclosure or communication— S. 10(4)(a) amended by Nos 31/2000 s. 12(1)(d), 43/2014 s. 17(1)(d). (a) that has been authorised by the Chief Commissioner or an approved authority; or S. 10(4)(b) amended by Nos 63/2004 s. 33(b), 82/2012 s. 168(3)(b). (b) that is necessary for the purposes of an investigation by the IBAC; or S. 10(4)(ba) inserted by No. 50/2021 s. 146(2), repealed by No. 31/2023 s. 70(2). (c) that is necessary to comply with an order of the Supreme Court. S. 10(5) substituted by No. 31/2000 s. 12(2). (5) A person must not, without lawful authority, disclose information in Victoria or elsewhere— (a) about the identity or location of a person who is or has been a participant; or 1. Level 5 Imprisonment (Maximum 10 years). S. 10(5A) inserted by No. 34/2016 s. 13(4). (5A) A person must not, without lawful authority or reasonable excuse, disclose information in Victoria or elsewhere— (a) about the identity or location of a person to whom alternative protection arrangements are being or have been provided; or Penalty: Level 5 imprisonment (maximum 10 years). S. 10(6) inserted by No. 31/2000 s. 12(2). (6) A person must not, without lawful authority, disclose information in Victoria— (a) about the identity or location of a person who is or has been a recognised participant; or 1. Level 5 Imprisonment (Maximum 10 years). S. 10(7) inserted by No. 43/2014 s. 17(2), amended by No. 34/2016 s. 13(5). (7) Subsections (5), (5A) and (6) do not apply to— (a) a disclosure that is authorised or required by an order of the Supreme Court; or (b) a disclosure that is made by the Chief Commissioner or a Deputy Commissioner in the lawful performance or exercise of a duty, function or power under this Act or a complementary witness protection law. S. 10(8) inserted by No. 43/2014 s. 17(2). (8) In this section— ***identity*** includes any individual characteristics by which a person is recognised, such as their name, nick-name, depiction or physical description, a physical feature or biometric identifier, their personal association with another person or anything that may reasonably lead to their identification; ***participant*** includes a person in relation to whom an interim protection declaration has been made; ***recognised participant*** includes a person in relation to whom a declaration or order that corresponds to an interim protection declaration has been made under a complementary witness protection law or who has otherwise received interim or temporary protection under a complementary witness protection law. S. 10A inserted by No. 43/2014 s. 18.