Text as at 26 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

464ZGK Disclosure of Victorian information

(1)A person who— is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum).

(a)has access to Victorian information; and

S. 464ZGK(3)(a) amended by No. 3/2019 s. 72(4)(a).

(b)intentionally or recklessly causes the disclosure of the Victorian information other than as provided by this section—

(2)A person may only disclose Victorian information stored on a DNA database for one or more of the following purposes—

S. 464ZGK(2) amended by No. 32/2007 s. 10(4).S. 464ZGK(2) (g)(iii) substituted by No. 32/2007 s. 10(6).S. 464ZGK(2) (g)(iv) inserted by No. 32/2007 s. 10(6), amended by Nos 34/2008 s. 143(Sch. 2 item 3.2), 82/2012 s. 159(3), substituted by No. 3/2019 s. 72(1).S. 464ZGK(2) (g)(v) inserted by No. 32/2007 s. 10(6), amended by No. 20/2017 s. 134(Sch. 1 item 5.2(b)).

(a)forensic comparison in the course of a criminal investigation by a police officer or any other person authorised in writing by the Chief Commissioner of Police;

(b)making the information available, in accordance with the regulations, to the person to whom the information relates;

(c)administering the DNA database;

(d)in accordance with an agreement entered into under section 464ZGN;

(e)in accordance with the Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth or the Extradition Act 1988 of the Commonwealth;

(f)a coronial investigation or inquest;

(g)an investigation of a complaint by—

* * * * *

(ii)the Health Complaints Commissioner within the meaning of the Health Records Act 2001 for the purposes of that Act; or

(iii)the Ombudsman appointed under the Ombudsman Act 1973; or

(iv)the IBAC; or

(v)an authority of a participating jurisdiction, but only if the authority would be entitled to the information if it were held on the participating jurisdiction's DNA database;

(ga)the IBAC performing its functions under this Act;

(h)an investigation of a complaint by the Information Commissioner under the Privacy and Data Protection Act 2014.

(3)A person may only disclose Victorian information revealed by the taking of a DNA profile sample or the carrying out of a forensic procedure as follows—

S. 464ZGK(3) amended by Nos 32/2007 s. 10(7), 3/2019 s. 72(3).

(a)if the person is the suspect, DNA person, offender or volunteer to whom the information relates;

(b)if the information is already publicly available;

(c)in accordance with any other provision of this Subdivision;

(d)in accordance with the Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth or the Extradition Act 1988 of the Commonwealth;

(e)for the purposes of the investigation of an offence or offences generally;

(f)for the purpose of a decision whether to institute proceedings for an offence;

(g)for the purpose of proceedings for an offence;

(h)for the purpose of a coronial investigation or inquest;

(i)for the purpose of civil proceedings (including disciplinary proceedings) that relate to the way in which the procedure is carried out;

(j)for the purpose of the suspect's, DNA person's, offender's or volunteer's medical treatment;

S. 464ZGK(3)(j) amended by No. 3/2019 s. 72(4)(b).

(k)for the purpose of the medical treatment of a person if necessary to prevent or lessen a serious threat to that person's life or health;

(l)if necessary to prevent or lessen a serious threat to public health;

(m)if the suspect, offender or volunteer consents in writing to the disclosure.

(4)This section does not apply to Victorian information that cannot be used to discover the identity of any person.

S. 464ZGK(4) amended by No. 32/2007 s. 10(8).

(5)In this section— Victorian information means information referred to in section 464ZFD(1), whether or not kept on the Victorian DNA database.

S. 464ZGK(5) inserted by No. 32/2007 s. 10(9).