Victorian Numbered Acts

SERIOUS SEX OFFENDERS (DETENTION AND SUPERVISION) AND OTHER ACTS AMENDMENT ACT 2015 (NO. 52 OF 2015) - SECT 34

    (1)     For section 189(1) of the Serious Sex Offenders (Detention and Supervision) Act 2009 substitute —

    "(1)     A relevant person may use or disclose to another relevant person any information obtained by the person in carrying out a function under this Act or any other Act if the use or disclosure—

        (a)     is reasonably necessary to enable the relevant person or the other relevant person to carry out a function under this Act or a relevant Act, including the following—

              (i)     preparing assessment reports, progress reports or any other reports or documents required by this Act;

              (ii)     making or responding to an application under this Act;

              (iii)     managing an offender under—

    (A)     this Act; or

    (B)     the Corrections Act 1986 ; or

    (C)     the Sentencing Act 1991 ; or

        (b)     is specifically authorised or required by or under this Act or another Act; or

        (c)     is authorised by the person to whom the information relates; or

        (d)     is reasonably necessary to lessen or prevent a serious and imminent threat to a person's life, health, safety or welfare.

    (1A)     A person who is or has been a relevant person must not use or disclose any information obtained by the person in carrying out a function under this Act unless the use or disclosure is authorised by subsection (1).

Penalty:     120 penalty units.".

    (2)     In section 189(4) of the Serious Sex Offenders (Detention and Supervision) Act 2009 , after paragraph (a) of the definition of relevant Act insert —

    "(ab)     the Family Violence Protection Act 2008 ; or".

    (3)     In section 189(4) of the Serious Sex Offenders (Detention and Supervision) Act 2009 , after paragraph (c) of the definition of relevant Act insert —

    "(caa)     the Personal Safety Intervention Orders Act 2010 ; or".

    (4)     In section 189(4) of the Serious Sex Offenders (Detention and Supervision) Act 2009 , for paragraph (d) of the definition of relevant person substitute —

    "(d)     any person who delivers services to or on behalf of the Department whether paid or unpaid; or".

    (5)     In section 189(4) of the Serious Sex Offenders (Detention and Supervision) Act 2009 , in the definition of relevant person —

        (a)     in paragraphs (e), (f) and (g), for "Department of Health" substitute "Department of Health and Human Services";

        (b)     paragraphs (h), (i) and (j) are repealed ;

        (c)     in paragraphs (m), (n) and (o), for "Department of Immigration and Citizenship" substitute "Department of Immigration and Border Protection".