Disclosing Information about Offenders on Parole, Home detention or Extended Supervision

Disclosing information with the Police under the Parole Act

Section 54(i) of the Parole Act 2002 requires the Department of Corrections' Chief Executive to provide the Commissioner of Police with the following information about all offenders (including those identified as HRX):

a) the date on which the offender is released from prison;

b) the offender's release conditions;

c) the offender's statutory release date.

This requirement is met by way of an electronic interface between the Corrections and Police computer systems. However, the information can also be disclosed through the local level agreements

Disclosing information about offenders on Home Detention

Section 54(i) of the Parole Act 2002 requires the Chief Executive to provide the Commissioner of Police with the following information when an offender starts Home Detention:

a) the offender's home detention start date;

b) the offender's home detention conditions.

This will normally be done by a Probation Officer or Service Manager.

Sharing information about offenders on Extended Supervision

Offenders subject to Extended Supervision orders are not classified as HRX. HRX by definition only applies to offenders who are subject to a sentence of Imprisonment (Home Detention, Release on Conditions and Parole) and relates to information about their release from Prison.

It is CPS policy, however, to share information with Police about offenders on Extended Supervision as if they had "HRX" status.

Disclosing information about child sex offenders

Sections 182A - E of the Corrections Act 2004 allows for specified Agencies to disclose information about offenders that are on the child sex offender national list. Section 107B(1) of the Parole Act 2002 sets out the types of offences to which this applies.

NZ Police are a specified Agency according to the legislation and are a signatory of the Agreement for Sharing Information about Child Sex Offenders.

For more information about this Agreement, see chapter 12

Reference: Vol 4, Risks and Relationships, Part 1, Chpt 12

Other Situations for Disclosure of Information to Police

There will be other times where it is appropriate to disclose information to the Police.

Principle 11 of the Privacy Act 1993 provides exceptions to the general rule that information can not be disclosed.

When considering disclosing information held by CPS about an offender, including admissions of further offending, in the first instances discuss with a Manager the appropriateness of disclosing the information.

If it is decided that it is appropriate to release the information, it is imperative that all relevant facts including what information was disclosed and to whom is documented in case notes.

For more information about the Privacy Act including each of the Privacy Principles, see chapter 8.

Reference: Vol 4, Risks and Relationships, Part 1, Chpt 8, Section 8B