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Obtaining Personal Information about Law Enforcement Officers

Obtaining Personal Information About Law Enforcement Officers is an offence under Section 60C of the Crimes Act 1900 which carries a maximum penalty of 5 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You obtained personal information about a law enforcement officer
  2. You intended to use that information to assault, stalk, harass, intimidate or otherwise harm the officer, and
  3. You did so because the officer was a law enforcement officer, or due to, or in retaliation for, the actions of the officer

A ‘law enforcement officer’ is defined as:

  1. A Police Officer
  2. An ICAC commissioner, assistant commissioner or officer
  3. An officer of the Law Enforcement Conduct Commission
  4. A NSW Crime Commission Commissioner, assistant commissioner or staff member
  5. A Corrective services commissioner or governor, or correctional or corrective services officer
  6. A Juvenile Justice officer
  7. A Crown Prosecutor, Acting Crown Prosecutor or DPP lawyer
  8. A Sheriff’s officer
  9. An officer of a charity who performs animal cruelty investigations, and
  10. A Special Constable or other person recognised as a law enforcement officer Under the Police Act.

Defence to the charge include:

  1. Self-defence
  2. Duress
  3. Necessity, and
  4. Mental illness

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