Disclosure of offender information

Heading: inserted, on 9 April 2008, by section 6 of the Corrections (Social Assistance) Amendment Act 2008 (2008 No 24).

181 Offender information may be disclosed for immigration purposes

(1)

The purpose of this section is to facilitate the disclosure of information by the department to the department of State for the time being responsible for the administration of the Immigration Act 2009 (the responsible department), for the purpose of assisting the Minister of Immigration or an immigration officer to exercise any power conferred by that Act to determine whether a person is liable for deportation or to deport any person.

(2)

For the purpose of this section, the chief executive may from time to time, in accordance with arrangements in writing made from time to time between the chief executive and the Chief Executive of the responsible department,—

(a)

supply to the Chief Executive of the responsible department the information specified in subsection (3) in respect of persons who have been sentenced to imprisonment:

(ab)

if the chief executive is authorised by regulations made under this Act to do so, supply to the Chief Executive of the responsible department the information specified in subsection (3) in respect of persons who have received a sentence of home detention:

(b)

if the chief executive is authorised by regulations made under this Act to do so, supply to the Chief Executive of the responsible department the information specified in subsection (3) in respect of persons who have received a community-based sentence.

(3)

The information referred to in subsection (2) is as follows:

(a)

identifying information about the person:

(b)

details of the person’s offence and sentence (including relevant dates such as the date on which the person is eligible or entitled to be released).

(4)

The chief executive may supply the information specified in subsection (3) to any immigration officer or other officer or employee of the responsible department who is authorised in that behalf by the Chief Executive of the responsible department.

(5)

Information supplied under subsection (4) may be supplied in any form that is determined by agreement between the Chief Executive of the responsible department and the chief executive.

(6)

In this section identifying information in relation to any person includes the person’s full name, date and place of birth, gender, location, citizenship, unique identifying number used by the department, and any known alias.

Section 181(1): replaced, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 181(2): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 181(2)(a): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 181(2)(ab): inserted, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

Section 181(2)(ab): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 181(2)(b): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 181(4): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 181(5): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).