Western Australian Numbered Acts Western Australian Numbered Acts Section 113 is
repealed and the following section is inserted instead —
“
113. Disclosure of photographs obtained
under Part 8 or 9
(1) In this
section —
“forensic purpose” means —
(a)
investigating an offence or a suspected offence or offences generally; or
(b)
investigating the death of a person or identifying a deceased person; or
(c)
investigating the whereabouts of or identifying a missing person;
“protected information” means any
photograph of a person or of any part of a person, taken under Part 8 or
9.
(2) A person who has
access, or has had access, to protected information 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
a police officer or a public officer or by a law enforcement officer
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 an investigation or inquest under the Coroners Act 1996 ;
(i)
for the purpose of civil or disciplinary proceedings that
relate to the way in which, or the conduct of any procedure by which, the
information was obtained;
(j) for
the purpose of an investigation under the Parliamentary Commissioner
Act 1971 into the exercise of any power under this Act;
(k) in
accordance with the Mutual Assistance in Criminal Matters Act 1987 , or
the Extradition Act 1988 , of the Commonwealth;
(l) for
the purposes of a compensation claim made under the Criminal Injuries
Compensation Act 2003 ;
(m) for
the purpose of instructing a person who is or is training to be —
(i)
a person referred to in or prescribed for
paragraph (e); or
(ii)
a person with qualifications in a forensic science,
if all reasonable
measures are taken to prevent the person from whom the personal information
was obtained being identified from the information;
(n) for
a purpose that the Minister approves because it is in the public interest in
any particular case;
(o) for
a purpose prescribed by the regulations.
(3) A person who has
access, or has had access, to protected information must not disclose the
information except as provided by this section.
Penalty: a fine of $24 000 or imprisonment
for 2 years.