There are confidentiality provisions that we must abide by which may limit when, how and to whom we can disclose, give access to or permit the use of information or a document.
The provisions relating to disclosure differentiates between differing interested parties, such as information which may be provided to:
- a victim
- a next of kin
- or another interested party.
It may also depend upon the stage of proceedings including:
- under investigation
- if charges have been laid
- enforceable undertakings, or
- when sentencing has occurred.
Disclosure to parties other than a victim may be more restricted pursuant to the confidentiality provisions under the Work Health and Safety Act.
If a decision is made to initiate a prosecution, we may provide information to a victim about:
- the charge laid and details of the place and date of proceedings on the charge
- the name of the person charged with the offence
- if the prosecutor decides not to proceed with the charge, to amend the charge, or to accept a plea to a lesser charge or agrees with the defendant to make or support a recommendation for leniency, the reasons for the prosecutor’s decision
- the outcome of the proceedings based on the charge and of any appeal from those proceedings
- details of any sentence imposed on the offender for the offence.
Limitations on disclosure may also relate to information which is protected by legal professional privilege.
Whilst information provided during our investigation and the prosecution process may be limited, those limitations are intended to minimise opportunities for a trial, or its outcomes, to be jeopardised. Disclosure will be provided when it is required or otherwise authorised by the law.
We cannot provide information regarding any related investigations undertaken by other agencies such as the police or the State Coroner. You should contact the relevant agency in respect to those matters.