214Confidentiality

214 Confidentiality (1) A person who performs or has performed functions or duties under this Act must not: (a) record any information obtained by the person in exercising a power or performing a function under this Act; or (b) disclose such information to a person or body; or (c) publish all or part of a document obtained by the person in exercising a power or performing a function under this Act. Youth Justice Act 2005 127 (2) Subsection (1) does not apply in relation to: (a) a police officer in the performance of his or her duties; or (b) any recording, disclosure or production that is part of the exercise of a power or the performance of a function under this Act; or (c) any recording, disclosure or production in relation to the administration of this Act; or (ca) any disclosure required or authorised by law; or (cb) a disclosure to the Australian Institute of Criminology established under the Criminology Research Act 1971 (Cth) of information that is reasonably required for the purpose of the program monitoring national deaths in custody; or (d) any disclosure that is made to: (i) the person to whom the information or document is related; or (ii) another person with the consent of the person to whom the information or document is related (whether the consent has been given expressly or by implication); or (iii) a person approved by the Minister, where the Minister has certified in writing that the disclosure is carried out in the public interest; or (iv) a person approved by the Minister for research to be conducted by the person, where the person has undertaken to preserve the identity of individual persons to whom the information and records relate and the confidentiality of the information; or (v) a police officer; or (vi) a person prescribed by the Regulations. (3) A person who fails to comply with subsection (1) is guilty of an 200 penalty units or imprisonment for 1 000 penalty units. Youth Justice Act 2005 128 (4) This section applies to a person who receives the information, record or document (whether directly or indirectly) as if the person obtained the information, record or document in the performance of functions or duties under this Act.