Western Australian Current Acts Western Australian Current Acts (1) A person who has
access, or has had access, to identifying information obtained under this Act,
whether or not in a forensic database, may only disclose the information in
these circumstances —
(a) if
the person is the person to whom the information relates;
(b) if
the person to whom the information relates consents in writing to the
disclosure;
(c) for
the purpose of the medical treatment of the person to whom the information
relates;
(d) if
the information is already public;
(e) for
a forensic purpose where the investigation or identification is being done by
the WA Police or by other law enforcement officers prescribed by the
regulations;
(f) for
the purpose of a decision as to whether to prosecute an offence;
(g) for
the purpose of criminal proceedings for an offence;
(h) for
the purpose of the medical treatment of a victim of an offence that the
suspect is reasonably suspected to have committed;
(i)
for the purpose of an investigation or inquest under the
Coroners Act 1996 ;
(j) for
the purpose of civil or disciplinary proceedings that relate to the way in
which the identifying procedure that resulted in the information was carried
out;
(k) for
the purpose of an investigation under the Parliamentary Commissioner Act 1971
into the exercise of any power under this Act;
(l) in
accordance with an arrangement entered into under section 91(1);
(ma) for
the purposes of the Fines, Penalties and Infringement Notices Enforcement Act
1994 ;
(m) in
accordance with the Mutual Assistance in Criminal Matters Act 1987 , or the
Extradition Act 1988 , of the Commonwealth;
(na) for
the purposes of the Prohibited Behaviour Orders Act 2010 section 34;
(nb) if
permitted by, or if covered by an express exception from a prohibition on
disclosure in, the Liquor Control Act 1988 section 115AC, 152K, 152NZC,
152NZD, 152NZT, 152NZU, 152ZC, 152ZD or 152ZJ;
(nc) for
the purposes of the Community Protection (Offender Reporting) Act 2004
section 85F or 85G;
(nd) for
the purposes of the Criminal Organisations Control Act 2012 ;
(n) for
a purpose prescribed by the regulations.
(2) This section does
not apply in relation to information that cannot be used to discover the
identity of a person.
(3) A person who has
access, or has had access, to identifying information obtained under this Act,
whether or not in a forensic database, must not disclose the information
except as provided by this section.
Penalty: Imprisonment for 2 years.
[Section 73 amended: No. 56 of 2010 s. 71; No. 59
of 2010 s. 49; No. 1 of 2012 s. 8; No. 48 of 2012 s. 56; No. 49 of 2012 s.
175; No. 44 of 2022 s. 22; No. 25 of 2023 s. 33.]