Document ID: chunk:federal_register_of_legislation:C2004C01233:clause:1_23yo:p1
Version: federal_register_of_legislation:C2004C01233
Segment Type: clause
Provision Reference: sch 1 cl 23YO (pt 1/2)
Character Range: 62856–65615

23YO  Disclosure of information

 (1) A person is guilty of an offence if:
 (a) the person has access to any information stored on the DNA database system or to any other information revealed by a forensic procedure carried out on a suspect, offender or volunteer; and
 (b) the person's conduct causes the disclosure of information other than as provided by this section; and
 (c) the person is reckless as to any such disclosure.

Penalty: Imprisonment for 2 years.

 (2) A person may only disclose information stored on the DNA database system for one or more of the following purposes:
 (a) the purposes of forensic comparison in the course of a criminal investigation by a constable or other person prescribed by the regulations;
 (b) the purposes of making the information available, in accordance with the regulations, to the person to whom the information relates;
 (c) the purposes of administering the DNA database system;
 (d) the purposes of any arrangement entered into between the Commonwealth and a State or Territory for the provision of access to information contained in the DNA database system by law enforcement officers or by any other persons prescribed by the regulations;
 (e) the purposes of, and in accordance with, the Mutual Assistance in Criminal Matters Act 1987 or the Extradition Act 1988;
 (f) the purpose of a coronial inquest or inquiry;
 (g) the purposes of an investigation by the Privacy Commissioner or the Ombudsman of the Commonwealth or of a participating jurisdiction.

 (3) A person may only disclose information revealed by the carrying out of a forensic procedure as follows:
 (a) if the person is the suspect, offender or volunteer to whom the information relates;
 (b) if the information is already publicly available;
 (c) in accordance with any other provision of this Part;
 (d) in accordance with the Mutual Assistance in Criminal Matters Act 1987 or the Extradition Act 1988;
 (e) for the purposes of the investigation of any offence or offences generally;
 (f) for the purpose of a decision whether to institute proceedings for any offence;
 (g) for the purpose of proceedings for any offence;
 (h) for the purpose of a coronial inquest or inquiry;
 (i) for the purpose of civil proceedings (including disciplinary proceedings) that relate to the way in which the procedure is carried out;
 (j) for the purposes of the suspect's, offender's or volunteer's medical treatment;
 (k) for the purpose of the medical treatment of the victim of an offence that there are reasonable grounds to believe was committed by the suspect;
 (l) if the suspect, offender or volunteer consents in writing to the disclosure.

 (4) This section does not apply to information that cannot be used to discover the identity of any