Australian Capital Territory Current Acts

CRIMES (CHILD SEX OFFENDERS) ACT 2005 - SECT 132ZP

    (1)     In this section:

"court" includes a tribunal, authority or person having power to require the production of documents or the answering of questions.

"divulge" includes communicate.

"person to whom this section applies" means—

        (a)     an entity to whom information ( protected information ) is given under section 132ZN (Chief police officer may give information about order to prescribed entities); or

        (b)     a person to whom information (also protected information ) is given under section 132ZO (Chief police officer may give information about order to person with parental responsibility for child at risk).

"produce" includes allow access to.

    (2)     A person to whom this section applies commits an offence if—

        (a)     the person—

              (i)     makes a record of protected information about someone else; and

              (ii)     is reckless about whether the information is protected information about someone else; or

        (b)     the person—

              (i)     does something that divulges protected information about someone else; and

              (ii)     is reckless about whether—

    (A)     the information is protected information about someone else; and

    (B)     doing the thing would result in the information being divulged 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 protected information is divulged, under this Act or another territory law.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code

, s 58).

    (4)     Subsection (2) does not apply to the divulging of protected information about a person by a prescribed entity to a staff member of the entity to allow the staff member to identify the person to ensure the safety of—

        (a)     a child or children in the entity's care; or

        (b)     the person.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code

, s 58).

    (5)     Subsection (2) does not apply to the divulging of protected information about a person with the person's consent.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code

, s 58).

    (6)     Subsection (2) does not apply if the protected information is divulged for law enforcement functions or activities and then only to an entity prescribed by regulation.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (6) (see Criminal Code

, s 58).

    (7)     A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another territory law.