11Disclosure of records relating to cautions and conferences to Department of Justice

11 Disclosure of records relating to cautions and conferences to Department of Justice

11 Disclosure of records relating to cautions and conferences to Department of Justice

(1) Subject to subclause (2), for the purposes of section 66 (2) (e) of the Act, a record of, or relating to, a caution or conference under the Act may be divulged to an authorised officer of the Department of Justice only if the request for the record—

(a) is in writing (on Department of Justice letterhead) and addressed to the Manager, Criminal Records Section, NSW Police Force, and

(b) includes the reason for the request and describes how the information will be used, and

(c) includes the full name and work location of the authorised officer of the Department of Justice to whom the records are to be divulged, and

(d) contains a declaration, by the authorised officer, that—

(i) the request relates to a child who is subject to the supervision of the Department of Justice pursuant to an order made under section 33 of the Children (Criminal Proceedings) Act 1987, and

(ii) the information will be used only in the manner set out in the request, and

(e) includes the full name and date of birth (and, if known, the place of birth) of the person to whom the record relates, and

(f) includes a description of any court order that relates to the request.

(2) A record of, or relating to, a caution or conference under the Act may be divulged to an authorised officer of the Department of Justice without complying with the conditions imposed under subclause (1) if the record does not name or otherwise identify the child to whom the record relates.