Part 2Corrections system
Monitoring, collecting, using, and disclosing prisoner communications and information sources for intelligence purpose: Disclosure
127ODisclosure of prisoner communications and information sources to persons other than eligible employees
This section applies to the disclosure to persons other than eligible employees of prisoner communications and information sources monitored, collected, or used under this subpart.
An authorised intelligence person may disclose the prisoner communications and information sources for an intelligence purpose.
An authorised intelligence person may disclose the prisoner communications and information sources if they believe on reasonable grounds that the disclosure—
- is necessary to avoid prejudice to the maintenance of the law by a public sector agency (as defined in section 7(1) of the Privacy Act 2020), including the prevention, detection, investigation, prosecution, and punishment of offences); or
- is necessary for the conduct of proceedings (already commenced or reasonably in contemplation) before a court or tribunal; or
- is necessary to prevent or lessen a serious threat (as defined in section 7(1) of the Privacy Act 2020) to—
- public health or public safety; or
- the life or health of any person; or
- public health or public safety; or
- has been authorised by the Privacy Commissioner under section 30 of the Privacy Act 2020.
An authorised intelligence person may disclose the prisoner communications and information sources to an intelligence and security agency only if the authorised intelligence person believes, on reasonable grounds, that the disclosure is necessary to enable the agency to perform any of its functions under section 10, 11, 13, or 14 of the Intelligence and Security Act 2017.
An authorised intelligence person may disclose the prisoner communications and information sources to a public sector agency or contracted provider for the purpose of enabling an employee of the agency or contracted provider to translate, transcribe, or interpret the prisoner communications and information sources.
An authorised intelligence person or an eligible employee may disclose the prisoner communications and information sources if disclosure is—
- authorised by another provision of this Act; or
- required by any other legislation (including the Official Information Act 1982 and the Privacy Act 2020).
An authorised intelligence person or an eligible employee may disclose the prisoner communications and information sources to the prisoner concerned.
Notes
- Section 127O: inserted, on , by section 36 of the Corrections Amendment Act 2024 (2024 No 41).