Australian Capital Territory Current Acts

CRIMES ACT 1900 - SECT 66AA

    (1)     A person commits an offence if the person—

        (a)     is an adult; and

        (b)     obtains information that leads to the person reasonably believing that a sexual offence has been committed against a child; and

        (c)     does not, as soon as practicable after forming the belief, give the information to a police officer.

Maximum penalty: imprisonment for 2 years.

    (2)     Subsection (1) does not apply if—

        (a)     the person—

              (i)     obtains the information when the alleged victim was no longer a child; and

              (ii)     reasonably believes the alleged victim does not want a police officer to be told about the person's belief; or

        (b)     the person reasonably believes that giving the information to a police officer would endanger the safety of a person (other than a person reasonably believed to have committed the sexual offence); or

        (c)     the person reasonably believes a police officer already has the information; or

        (d)     the person—

              (i)     is a mandated reporter under the Children and Young People Act 2008

, section 356 (2); and

              (ii)     has reported the information under that Act

, division 11.1.2 (Reporting abuse and neglect of children and young people) or reasonably believes someone else has done so; or

        (e)     subject to subsection (3), giving the information to a police officer would disclose information in relation to which privilege may be claimed under a law in force in the Territory; or

        (f)     the information is generally available in the public domain; or

        (g)     the person has another reasonable excuse.

    (3)     A person who is or was a member of the clergy of a church or religious denomination is not entitled to refuse to give information under subsection (1) because the information was communicated to the member during a religious confession.

    (4)     The Criminal Code

, chapter 2 (other than the applied provisions) does not apply to an offence against this section.

    (5)     If a person gives information mentioned in subsection (1) to a police officer honestly and without recklessness—

        (a)     giving the information is not a breach of—

              (i)     confidence; or

              (ii)     professional etiquette or ethics; or

              (iii)     a rule of professional conduct; and

        (b)     the person does not incur civil or criminal liability only because of giving the information.

    (6)     Subsection (5) does not apply if giving the information would be a breach of client legal privilege.

    (7)     This section applies to information obtained on or after the commencement of this section, including information about a sexual offence that occurred before the commencement of this section.

    (8)     In this section:

"religious confession" means a confession made by a person to a member of the clergy in the member's professional capacity according to the ritual of the member's church or religious denomination.

"sexual offence" means—

        (a)     an offence against—

              (i)     this part; or

              (ii)     any other provision prescribed by regulation; or

        (b)     an offence against a sexual offence provision of this Act previously in force.