Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) In this section:
"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 chief executive, or a delegate of the chief executive, if the chief executive 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
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"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 information in a restorative justice agreement or information disclosing who attended a restorative justice conference.
Examples of protected information
1 information obtained by a referring entity or the chief executive 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 chief executive
(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.
Note The Freedom of Information Act 1989 , s 38 (Documents to which secrecy provisions of enactments apply) provides that a document is exempt from access requirements under that Act if another Act applies specifically to information of a particular kind in a document and prohibits the disclosure of that information by persons mentioned in the other Act. The section is stated to apply whether or not the prohibition is absolute or subject to exceptions or qualification.