Subclause (3) amends section 189(1A) of the Principal Act so that the offence that prohibits the unauthorised use or disclosure of information does not operate to prevent the use or disclosure of information in accordance with new section 189(1AA). Subclause (4) inserts a reference to the Post Sentence Authority into section 189(3) of the Principal Act to clarify that nothing in section 189 limits or affects any requirement imposed by any other provision of the Act for the Secretary to the Department of Justice and Regulation to notify the Post Sentence Authority or the APB of any matter. Subclause (5) amends section 189(4) of the Principal Act which sets out the definition of for the purposes of relevant person section 189. Subclause (5) inserts new paragraphs (h), (i), (j) and (ja) in section 189(4) so that is defined to relevant person include— any member of the Post Sentence Authority or any employee assisting the Authority to perform its functions; or any person who delivers services or advice to or on behalf of the Authority whether paid or unpaid; or a person or body from whom a responsible agency seeks or obtains advice; or a person or body prescribed as a responsible agency. Clause 14 inserts new section 190(2)(ab) in the Principal Act. New section 190(2)(ab) provides that the definition of relevant person in that section includes the chairperson of the Post Sentence Authority. This amendment will mean that the chairperson of the Post Sentence Authority must develop guidelines in relation to accessing information under section 189 in accordance with section 190(1) of the Principal Act. Clause 15 inserts a new section 192B into the Principal Act that sets out an exemption from the Freedom of Information Act 1982. To promote transparency and accountability, the Freedom of Information Act 1982 will apply to the Post Sentence Authority, subject to the exemption set out in new section 192B.
Subclause (3) amends section 189(1A) of the Principal Act so that the offence that prohibits the unauthorised use or disclosure of information does not operate to prevent the use or disclosure of information in accordance with new section 189(1AA). Subclause (4) inserts a reference to the Post Sentence Authority into section 189(3) of the Principal Act to clarify that nothing in section 189 limits or affects any requirement imposed by any other provision of the Act for the Secretary to the Department of Justice and Regulation to notify the Post Sentence Authority or the APB of any matter. Subclause (5) amends section 189(4) of the Principal Act which sets out the definition of relevant person for the purposes of section 189. Subclause (5) inserts new paragraphs (h), (i), (j) and (ja) in section 189(4) so that relevant person is defined to include— any member of the Post Sentence Authority or any employee assisting the Authority to perform its functions; or any person who delivers services or advice to or on behalf of the Authority whether paid or unpaid; or a person or body from whom a responsible agency seeks or obtains advice; or a person or body prescribed as a responsible agency. Clause 14 inserts new section 190(2)(ab) in the Principal Act. New section 190(2)(ab) provides that the definition of relevant person in that section includes the chairperson of the Post Sentence Authority. This amendment will mean that the chairperson of the Post Sentence Authority must develop guidelines in relation to accessing information under section 189 in accordance with section 190(1) of the Principal Act. Clause 15 inserts a new section 192B into the Principal Act that sets out an exemption from the Freedom of Information Act 1982. To promote transparency and accountability, the Freedom of Information Act 1982 will apply to the Post Sentence Authority, subject to the exemption set out in new section 192B.
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