Going to Court? Book Your Free First Appointment

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.

What Our Clients Say SEE ALL

  • ★★★★★

    Delivered an outstanding outcome

    I strongly recommend James Clement who delivered an outstanding outcome on my appeal case. His…

  • ★★★★★

    Her ability to navigate complex legal matters with confidence and competence sets her apart

    I want to express my sincere gratitude for the exceptional legal representation provided by Rachel…

  • ★★★★★

    Genuinely changed my life!

    Tandy genuinely changed my life! Would recommend her to anyone.

  • ★★★★★

    Her genuine care and support made all the difference

    Ash is an outstanding lawyer whose expertise in the law is truely commendable. She effortlessly…

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Ask Our AI Assistant

Disclaimer: Response is AI generated general advice only and should not be relied upon without consulting a lawyer.

Saved Articles & Pages

APPOINTMENT BOOKING FORM

Preferred date for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)