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Parent or Guardian Informing Another Parent or Guardian About a Preventative Detention Order

Parent or Guardian Informing Another Parent or Guardian About a Preventative Detention Order is an offence under section 105.41(4A) 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 the parent or guardian of a person detained under a preventative detention order,
  2. You had contact with the person while he or she was under the order,
  3. The person disclosed information to you:
  1. That he or she was under a preventative detention order,
  2. That he or she was being detained,
  3. The period for which he or she was being detained, or,
  4. Any other information,
  1. You disclosed this information to another parent or guardian, and,
  2. You did not obtain the permission of the Australian Federal Police before making the disclosure.

Duress and necessity are defences to the charge.

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