Tasmanian Numbered Acts

CORRECTIONS ACT 1997 (NO. 51 OF 1997) - SECT 8

8. Confidentiality

      (1) In this section –

"confidential information" means –

(a) information relating to the classification of a prisoner given to the Director or to the classification committee established under the regulations; or

(b) information given to the Board that is not disclosed in a decision of the Board or in any reasons given by the Board for a decision of the Board; or

(c) information given to an official visitor as an official visitor; or

(d) information relating to the personal affairs of a prisoner; or

(e) information concerning procedures or plans to be adopted or followed in a prison in the event of an emergency; or

(f) information concerning the management of, or the operation of security measures in, or in relation to, a prison; or

(g) information concerning the investigation of a breach or possible breach of the law by a prisoner or a correctional officer; or

(h) information contained in a report given to a court that is not disclosed in a decision of the court or in any reasons given by the court for a decision of the court;

"information" includes photographs, fingerprints, samples and results of tests;

"position" means any of the following:

(a) a position as a correctional officer, a probation officer or a person appointed or employed for the purposes of this Act;

(b) a delegate of the Director;

(c) a person authorised to perform or exercise the functions or powers of a correctional officer.

      (2) A person who holds or has held a position must not, except to the extent necessary to perform the official duties, powers or functions of that position, record, disclose, communicate or make use of confidential information.

Penalty:

Fine not exceeding 5 penalty units.

      (3) Subsection (2) does not prevent a person from –

(a) giving evidence or producing a document to a court in the course of criminal proceedings or proceedings under this Act, even though the evidence or document contains confidential information; or

(b) disclosing or communicating confidential information in accordance with the written authority of the Minister or the person to whom the information relates; or

(c) disclosing or communicating confidential information to the Ombudsman or an officer of the Ombudsman; or

(d) disclosing confidential information that is a photograph to a person who holds a position or is a police officer, if the disclosure is made to assist the person to perform official duties; or

(e) disclosing confidential information to the extent specifically authorised by another Act; or

(f) disclosing information approved by the Director to a victim of crime.