New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 257

257 Disclosure of information

(1) A person must not disclose any information obtained, or to which the person otherwise has or had access, in connection with the administration or execution of this Act unless that disclosure is made--

(a) with the consent of the person from whom the information was obtained, or

(b) in connection with the administration or execution of this Act, or

(b1) in connection with the administration or execution of a law of some other State or Territory in its application to an inmate who has been, or is to be, transferred to that State or Territory pursuant to--

(i) a direction referred to in section 45, or

(ii) a warrant referred to in section 49, or

(iii) an order of transfer under the Prisoners (Interstate Transfer) Act 1982 , or

(c) for the purposes of any legal proceedings, or

(d) in accordance with a requirement of the Ombudsman Act 1974 or with any request made by the Ombudsman, or

(d1) to the Commissioner of Fines Administration in connection with the administration or execution of the Fines Act 1996 (including for the purpose of the imposition, administration or enforcement of a fine), or

(e) with other lawful excuse.

: Maximum penalty--100 penalty units or imprisonment for 2 years, or both.

(2) Information may be disclosed as referred to in subsection (1) (b1) despite anything to the contrary in the Privacy and Personal Information Protection Act 1998 or the Health Records and Information Privacy Act 2002 .

(3) Without limiting the disclosures that may fall within subsection (1) (e), a person makes a disclosure with lawful excuse for the purposes of that paragraph if the disclosure is--

(a) authorised by the Commissioner, or

(b) in accordance with an official policy made by the Commissioner for the purposes of this section.

(4) Subsection (3) applies to a disclosure made by a member of the Parole Authority or the Review Council, as if a reference to the Commissioner were a reference to the Chairperson of the Authority or the Chairperson of the Review Council (as applicable).