Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) In this section:
"approved researcher"—a person is an approved researcher if the director-general approves the conduct of research by the person under this section.
"divulge" includes communicate.
"protected information" means information about a person (the "protected person") that—
(a) is disclosed to, or obtained by, an approved researcher because the director-general approves the conduct of research by the person under this section; and
(b) identifies the protected person or would allow the identity of the protected person to be worked out.
"research" means research in relation to criminology or penology, including—
(a) the administration (including the operation and management) of correctional centres; and
(b) services provided to a person in the director-general's custody under this Act or the Corrections Management Act 2007
.
(2) A person may apply to the director-general for approval to conduct research that involves the person obtaining access to—
(a) information or facilities administered by the director-general; or
(b) a person exercising a function under this Act; or
(c) a person in custody, or being supervised, under this Act or the Corrections Management Act 2007
.
(3) In deciding whether to approve the conduct of research by the person, the director-general may have regard to any recommendation made by an ethics committee established by the director-general.
(4) If the director-general approves the conduct of research by the person, the director-general may—
(a) give the approval subject to conditions (including conditions about the purposes for which the research may be used); and
(b) give access to information, facilities or people in any way the director-general considers appropriate.
(5) A person who is or has been an approved researcher commits an offence if the person contravenes a condition of the person's approval under this section.
Maximum penalty: 50 penalty units.
(6) A person who is or has been an approved researcher commits an offence if the person—
(a) does something that divulges protected information about someone else; and
(b) is reckless about whether—
(i) the information is protected information about someone else; and
(ii) doing the thing would result in the information being disclosed.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(7) Subsection (6) does not apply to the divulging of protected information with the person's consent.