17NConfidentiality of personal information

17N Confidentiality of personal information

(1) A person must not use or disclose any personal or confidential information that is obtained as a result of the use of—

(a) an electronic device that an accused is required to wear under an electronic monitoring condition; or

(b) equipment used for the electronic monitoring of an accused under an electronic monitoring condition—

unless that use or disclosure is specified under subsection (2) or by the regulations.

Penalty: 120 penalty units.

(2) The specified uses and disclosures are—

(a) use or disclosure by a person that is reasonably necessary for the person to perform their duties, functions or powers in relation to a grant of bail; and

(b) use or disclosure that is reasonably necessary for the preparation for, conduct of or participation in proceedings in any court in relation to a grant of bail; and

(c) use or disclosure that occurs with the authorisation, or at the request of, the person to whom the information relates; and

(d) use or disclosure that occurs to the extent necessary for a purpose related to law enforcement, including the detection, investigation, prosecution or prevention of contraventions of the law; and

(e) both of the following—

(i) disclosure to an Australian legal practitioner for the purpose of obtaining legal advice or representation; and

(ii) use and disclosure by that Australian legal practitioner for that purpose; and

(f) disclosure to the Secretary; and

(g) use or disclosure that is authorised or required by or under this or any other Act, including—

(i) use or disclosure that is authorised under subsection (3); and

(ii) use or disclosure that is authorised under Part 5A of the Family Violence Protection Act 2008; and

(iii) use or disclosure that is authorised under Part 6A of the Child Wellbeing and Safety Act 2005.

(3) The Minister may authorise, in writing, a particular use or disclosure of personal or confidential information referred to in subsection (1).

(4) In this section, personal or confidential information includes the following—

(a) information relating to the personal affairs of an accused who is or was subject to electronic monitoring conditions;

(b) information—

(i) that identifies any person; or

(ii) discloses any person's address or location; or

(iii) discloses any journey made by a person; or

(iv) from which any person's identity, address or location can reasonably be determined;