Australian Capital Territory Current Acts

CRIMES (RESTORATIVE JUSTICE) ACT 2004 - SECT 64

    (1)     In this section:

"protected information"—

        (a)     means information about a person that is disclosed to, or obtained by, a secret-keeper because of the exercise of a function by the secret-keeper under this Act; but

        (b)     does not include—

              (i)     information in a restorative justice agreement; or

              (ii)     information disclosing who attended a restorative justice conference; or

              (iii)     a written record of consent made under section 52 (3).

Examples of protected information

1     information obtained by a referring entity or the director-general in assessing the eligibility of a victim, parent or offender for restorative justice

2     information obtained by the convenor of a restorative justice conference in preparing the conference

3     a transcript (or other record) of what is said during a restorative justice conference that is kept by the convenor or the director-general

"secret-keeper" means a person who is exercising, or has exercised, a function under this Act.

Examples

1     a referring entity, or the delegate of a referring entity, if the referring entity or delegate is considering whether to refer an offence for restorative justice

2     the director-general, or a delegate of the director-general, if the director-general or delegate is considering whether an offence is suitable for restorative justice, or whether a restorative justice conference for an offence should be called

3     the convenor of a restorative justice conference, if the convenor is making preparations for a restorative justice conference

4     a staff member of an administrative unit, if the staff member is assisting a secret-keeper mentioned in examples 1, 2 or 3 in carrying out the functions mentioned in those examples

    (2)     A secret-keeper commits an offence if the secret-keeper—

        (a)     makes a record of protected information; or

        (b)     directly or indirectly discloses or communicates protected information about someone to someone else.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (3)     Subsection (2) does not apply if the record is made, or the information is disclosed or communicated—

        (a)     under this or any other Act; or

        (b)     in relation to the exercise of a function, as a secret-keeper, under this or any other Act.

    (4)     Subsection (2) does not prevent a secret-keeper from divulging or communicating protected information about someone with that person's consent.

    (5)     For a civil proceeding, a secret-keeper must not—

        (a)     disclose or communicate protected information to a court; or

        (b)     produce or permit access to a document containing protected information to a court.

    (6)     For a criminal proceeding, unless it is necessary to do so to comply with this Act, any other territory law or a law of the Commonwealth, a secret-keeper is not required—

        (a)     to disclose or communicate protected information to a court; or

        (b)     to produce or permit access to a document containing protected information to a court.