South Australian Consolidated Acts

CHILD SEX OFFENDERS REGISTRATION ACT 2006 - SCHEDULE 2

Schedule 2—Information disclosure principles

1—Interpretation

In this Schedule—

personal information means—

            (a)         information obtained under this Act that identifies, or could reasonably identify, a person as a registrable offender; or

            (b)         any other information about a registrable offender obtained under this Act if the recipient of the information is known to be aware that the person is a registrable offender.

Example—

Disclosing the address of a registrable offender to a person who knows that he or she is a registrable offender.

2—General principles governing disclosure

The following principles must be applied in relation to the disclosure of personal information:

            (a)         the information must not be disclosed unless—

                  (i)         there are good reasons for the disclosure; and

                  (ii)         the disclosure is otherwise made in accordance with this Schedule;

            (b)         an assessment must be made before the information is disclosed of the risks associated with disclosure and any risks associated with non-disclosure;

            (c)         the information disclosed must be proportionate to the purpose of the disclosure;

            (d)         the information disclosed must be reliable and accurate;

            (e)         details of the disclosure must be documented.

3—Authorisation of disclosure

If personal information may only be disclosed with authorisation in accordance with clause 5, then the information must not be disclosed unless the Commissioner, or a person authorised by the Commissioner for the purpose of this Schedule, has given written authorisation for the disclosure.

4—Circumstances where information may be disclosed without authorisation

Personal information about a registrable offender may be disclosed without authorisation in the following circumstances:

            (a)         if the registrable offender consents to the disclosure of the information;

            (b)         if the disclosure is required by an order of a court or tribunal;

            (c)         if the disclosure is made to a supervising authority in connection with the supervision of the registrable offender;

            (d)         if the disclosure is made to a law enforcement or prosecution authority of this State or of a foreign jurisdiction and is reasonably required for the purpose of investigating a suspected registrable offence;

            (e)         if the disclosure is made to a legal practitioner for the purpose of obtaining legal advice or representation relating to a matter under this Act;

            (f)         if the disclosure is made to the Police Complaints Authority, or the branch of South Australia Police established under Part 3 of the Police (Complaints and Disciplinary Proceedings) Act 1985 , for the purposes of an investigation under that Act or under this Act;

            (g)         if the disclosure is required under any other Act or law;

            (h)         if the disclosure is of a type prescribed by regulation for the purposes of this clause.

5—Circumstances where information may be disclosed with authorisation

Personal information about a registrable offender may only be disclosed with authorisation in the following circumstances:

            (a)         if the disclosure is to be made to a person exercising official duties under an Act relating to the care or protection of children;

            (b)         if the disclosure is made to a government or non-government agency for the purpose of safeguarding the welfare of the registrable offender;

            (c)         if the disclosure relates to information already in the public domain;

            (d)         if the disclosure is of a type prescribed by regulation for the purposes of this clause.