Monitor Disclosing Preventative Detention Order Is an offence under section 105.41(7) 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:
- You were a police officer monitoring, or an interpreter assisting in the monitoring of, contact with a person detained under a preventative detention order (the detainee),
- Information was communicated in the course of the contact,
- That information was communicated for the purposes of:
- Initiating or conducting Federal court proceedings for a remedy relating to the order or in connection with the detainee’s treatment under the order,
- Making a complaint to the Commonwealth Ombudsman about the application for or making of the order or the detainee’s treatment by a member of the AFP in connection with the order,
- Giving information under section 40SB of the Australian Federal Police Act 1979 relating to the application for or making of the order or the detainee’s treatment by a member of the AFP in connection with the order,
- Making a complaint to an authorised officer or authority of the state or territory in which the detainee was dealt with under the order about the detainee’s treatment by a member of the police force of that jurisdiction in connection with the order, or,
- Making representations to an authorised senior member of the AFP or to another officer involved in the detainee’s detention about the exercise of powers, performance of obligations or treatment of the detainee in connection with the order, and,
- You disclosed that information to another person
Duress and necessity are defences to the charge.