Parent or Guardian Disclosing a Preventative Detention Order is an offence under section 105.41(3) 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 the parent or guardian of a person detained under a preventative detention order,
- You had contact with the detained person while he or she was under the order,
- You disclosed to another person:
- That a preventative detention order had been made against the detained person,
- That the person had been detained,
- The period for which the person had been detained, or,
- Any information the person gave you during the contact, and,
- Your disclosure was not made for the purposes of:
- A complaint to the Commonwealth Ombudsman about the making of the order or the detainee’s treatment by a member of the AFP,
- Giving information under section 40SB of the Australian Federal Police Act 1979 provided this relates to the making of the order or the detainee’s treatment by the AFP,
- A complaint to an officer or authority of a state or territory about the detainee’s treatment by a police officer of that state or territory relating to the order provided the officer or authority is legally authorised to deal with such complaints, 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.
It is not an offence to merely let another person know the detainee is safe but is not able to be contacted for the time being.
Duress and necessity are defences to the charge