Victorian Current Acts Victorian Current Acts(1) A person who holds or has held a specified position must not record, disclose, communicate or make use of confidential information, except to the extent that is reasonably necessary to perform a duty or function of that position, or to exercise a power of that position, under this Act or any other Act.
Penalty: 5 penalty units.
(2) Subsection (1) does not prevent a person from—
(a) giving evidence or producing a document to a court in the course of a criminal proceeding or a proceeding under this Act, even if 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 the Ombudsman's officers; or
(d) disclosing or communicating confidential information to the Commission for Children and Young People if the disclosure is made to assist the Commission to perform official duties; or
(e) disclosing confidential information that is a photograph to a person who holds a specified position or is a police officer or a member of the police force or service of another State or a Territory, if the disclosure is made to assist the person to perform official duties; or
(f) disclosing to a police officer, member of the police force or service of another State or a Territory or an AFP member (within the meaning of Part 5.3 of the Criminal Code of the Commonwealth) information relating to a child or young person held in custody in a youth justice custodial centre, if the disclosure is made for the purpose of—
(i) implementing or enforcing a preventative detention order (within the meaning of the Terrorism (Community Protection) Act 2003 ) under which the child or young person is being detained or an order for the child's or young person's detention made under a corresponding preventative detention law within the meaning of that Act; or
(ii) the security or good order of the youth justice custodial centre or the safety or welfare of the child or young person; or
(g) disclosing confidential information to the extent specifically authorised or required by this Act or any other Act.
(3) Nothing in this section prevents the recording or accessing and using of health information in accordance with the Health Records Act 2001 .
(4) In this section—
"confidential information" means—
(a) information given to the Youth Parole 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
(b) information concerning procedures or plans to be adopted or followed in a youth justice custodial centre in the event of an emergency; or
(c) information concerning the management of, or the operation of security measures in, or in relation to, a youth justice custodial centre; or
(d) information concerning the investigation of a contravention or possible contravention of the law by—
(i) a child or young person held in custody in a youth justice custodial centre; or
(ii) a youth justice custodial officer; or
(e) information contained in a report given to a court or tribunal that is not disclosed in a decision of the court or tribunal or in any reasons given by the court or tribunal for a decision of the court or tribunal; or
(f) information of a business, commercial or financial nature relating to the provision of services within a youth justice custodial centre, if the disclosure of that information may threaten the security, good order or safe operation of the youth justice custodial centre or the safety of any person; or
(g) information, whether written or oral, that is imparted or recorded in the context of an operational and security debrief and pertains to a violent incident or other critical incident that is, or circumstances that are, the subject of the operational and security debrief, including any report, finding or recommendation arising out of the operational and security debrief;
"information" includes photographs, fingerprints, samples and results of tests;
"operational and security debrief "means a meeting with youth justice custodial officers following a violent incident or other critical incident in a youth justice custodial centre designed to—
(a) analyse the circumstances leading up to, during and immediately following the incident; and
(b) review the responses of custodial staff to the incident; and
(c) identify critical security risks, issues and system failures; and
(d) improve operational responses to future incidents and systems of work;
"specified position" means any of the following—
(a) the Secretary;
(b) the Commissioner for Youth Justice;
(c) a youth justice custodial officer;
(d) a delegate of the Secretary;
(e) a provider of support services within a youth justice custodial centre or to a child or young person held in custody in a youth justice custodial centre, including a provider of those services on a volunteer basis or under a contract of employment or otherwise;
(f) a person employed as a sheriff, deputy sheriff, sheriff's officer or appointed as a deputised person under Part 2 of the Sheriff Act 2009 ;
(g) a person appointed by the Minister, the Secretary or an independent body—
(i) to investigate or review a youth justice custodial centre or any aspect of a youth justice custodial centre; or
(ii) to visit a youth justice custodial centre or a child or young person held in custody in a youth justice custodial centre.
Chapter 11—Children and young persons held in police gaols or in custody of transfer officer under transfer authority