Disclosure of information to or by other agencies, bodies, or persons

294 Information matching to identify immigration status of person sentenced to imprisonment or community-based sentence

(1)

The purpose of this section is to facilitate the disclosure of information between the Department and the department of State for the time being responsible for the administration of the Corrections Act 2004 (the responsible department) to enable the responsible department to identify the immigration status of any person who has been sentenced to imprisonment or who has received a community-based sentence.

(2)

The chief executive of the Department and the chief executive of the responsible department may, for the purposes of this section, make arrangements between them in writing for the disclosure of information under this section and, in accordance with those arrangements, the chief executive of the responsible department may supply to the chief executive of the Department any identifying information—

(a)

about a person who has been sentenced to imprisonment; or

(b)

if authorised by regulations made under the Corrections Act 2004, about a person who has received a community-based sentence.

(3)

The chief executive of the Department may compare any information he or she receives under subsection (2) with any information held by the Department that relates to the person and, if the Department has immigration information about the person, the chief executive of the Department may, in accordance with the arrangements made under subsection (2), supply to an authorised officer the following information relating to the person:

(a)

identifying information about the person; and

(b)

the person’s immigration status under this Act and—

(i)

any changes to that status:

(ii)

any action taken under this Act in respect of that person:

(iii)

any proposed action to be taken under this Act in relation to that person.

(4)

The chief executive of the Department and the chief executive of the responsible department may, for the purpose of this section, determine by agreement between them—

(a)

the frequency with which information may be supplied; and

(b)

the form in which information may be supplied; and

(c)

the method by which information may be supplied.

(5)

In this section,—

authorised officer means an officer, employee, or agent of the responsible department who is authorised by the chief executive of that department to receive information from the chief executive of the Department in accordance with this section

identifying information includes a person’s—

(a)

full name:

(b)

date and place of birth:

(c)

gender:

(d)

unique identifying number used by the responsible department:

(e)

unique identifying number used by the Department:

(f)

biometric information:

(g)

citizenship:

(h)

alias or aliases.

Compare: 1987 No 74 s 141AC