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Interpreter Disclosing Preventative Detention Order

Interpreter Disclosing Preventative Detention Order Is an offence under section 105.41(5) of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 5 years in prison to establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You were an interpreter,
  2. You assisted in monitoring contact between a person detained under a preventative detention order and any other person,
  3. You disclosed to another person:
  1. That a preventative detention order had been made against the detainee,
  2. That the detainee was being detained,
  3. The period for which the detainee was being detained, or,
  4. Any other information obtained in the course of your monitoring of contact with the detainee, and,
  1. Your disclosure occurred while the detainee was being detained.

Duress and necessity are defences to the charge.

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