Western Australian Current Acts

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RESTRAINING ORDERS ACT 1997 - SECT 10X

10X .         Confidentiality of interviews and reports

        (1)         An eligibility assessor must not disclose any information obtained during the course of conducting an eligibility assessment interview or preparing an eligibility assessment report to any person who is not entitled to receive or have access to the report.

        Penalty for this subsection: a fine of $1 000.

        (2)         A person who receives or otherwise has access to all or part of an eligibility assessment report, or a copy of the report, must not disclose any information contained in the report to any person who is not entitled to receive or have access to the report.

        Penalty for this subsection: a fine of $1 000.

        (3)         A behaviour change programme provider must not disclose any information in a report under section 10V to any person who is not entitled to receive or have access to the report.

        Penalty for this subsection: a fine of $1 000.

        (4)         A person who receives or otherwise has access to all or part of a report under section 10V, or a copy of the report, must not disclose any information contained in the report to any person who is not entitled to receive or have access to the report.

        Penalty for this subsection: a fine of $1 000.

        (5)         This section does not apply to the following disclosures —

            (a)         a disclosure by, or authorised in writing by, the respondent who is the subject of the eligibility assessment report;

            (b)         a disclosure to a legal practitioner in connection with the giving of legal advice or the provision of representation in a proceeding under this Act;

            (c)         a disclosure that is authorised by a court as necessary for the purposes of this Part or proceedings for a contravention of an order under this Part (including any offence constituted by such a contravention);

            (d)         a disclosure that is required, authorised or permitted (whether expressly or impliedly) by or under a law or by a court;

            (e)         a disclosure that does not identify the respondent or from which the respondent’s identity cannot reasonably be ascertained;

            (f)         a disclosure of a kind prescribed in the regulations.

        [Section 10X inserted: No. 49 of 2016 s. 14.]



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