Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 23YO

  (1)   A person commits an offence if:

  (a)   the person has access to any information stored on the Commonwealth DNA database system or NCIDD or to any other information revealed by a forensic procedure carried out on a suspect, offender or volunteer; and

  (b)   the person's conduct causes the disclosure of information other than as provided by this section; and

  (c)   the person is reckless as to any such disclosure.

Penalty:   Imprisonment for 2 years.

  (1A)   Paragraph   (1)(a) does not apply to access to information stored on NCIDD in the circumstances permitted by subsection   23YDACA(2).

  (2)   A person may only disclose information stored on the Commonwealth DNA database system or NCIDD for one or more of the following purposes:

  (a)   the purposes of forensic comparison in the course of a criminal investigation by a constable or other person prescribed by the regulations;

  (b)   the purposes of making the information available, in accordance with the regulations, to the person to whom the information relates;

  (c)   the purposes of administering the Commonwealth DNA database system, NCIDD or a State/Territory DNA database system;

  (d)   the purposes of any arrangement mentioned in subsection   23YUD(1) or (1A) entered into between the Commonwealth and a State or Territory for the provision of access to information contained in the Commonwealth DNA database system or a State/Territory DNA database system by law enforcement officers or by any other persons prescribed by the regulations;

  (da)   the purposes of assisting a foreign country or international tribunal to decide whether to make a request;

  (e)   the purposes of, and in accordance with, the Mutual Assistance in Criminal Matters Act 1987 , the International Criminal Court Act 2002 , the International War Crimes Tribunals Act 1995 or the Extradition Act 1988 ;

  (f)   the purpose of a coronial inquest or inquiry;

  (g)   the purposes of an investigation by the Information Commissioner or the Ombudsman of the Commonwealth or of a participating jurisdiction.

  (3)   A person may only disclose information revealed by the carrying out of a forensic procedure as follows:

  (a)   if the person is the suspect, offender or volunteer to whom the information relates;

  (b)   if the information is already publicly available;

  (c)   in accordance with any other provision of this Part;

  (d)   in accordance with the Mutual Assistance in Criminal Matters Act 1987 , the International Criminal Court Act 2002 , the International War Crimes Tribunals Act 1995 or the Extradition Act 1988 ;

  (e)   for the purposes of the investigation of any offence or offences generally;

  (f)   for the purpose of a decision whether to institute proceedings for any offence;

  (g)   for the purpose of proceedings for any offence;

  (h)   for the purpose of a coronial inquest or inquiry;

  (i)   for the purpose of civil proceedings (including disciplinary proceedings) that relate to the way in which the procedure is carried out;

  (ia)   for the purpose of dealing with or investigating, under Part   V or the Australian Federal Police Act 1979 , an AFP conduct or practices issue (within the meaning of that Act) that relates to the way in which the procedure is carried out;

  (j)   for the purposes of the suspect's, offender's or volunteer's medical treatment;

  (k)   for the purpose of the medical treatment of the victim of an offence that there are reasonable grounds to believe was committed by the suspect;

  (l)   if the suspect, offender or volunteer consents in writing to the disclosure.

  (4)   This section does not apply to information that cannot be used to discover the identity of any person.