Interpreter Disclosing Preventative Detention Order Is an offence under section 105.41(5) of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 5 years in prison to establish the offence, the prosecution must prove beyond reasonable doubt that:
- You were an interpreter,
- You assisted in monitoring contact between a person detained under a preventative detention order and any other person,
- You disclosed to another person:
- That a preventative detention order had been made against the detainee,
- That the detainee was being detained,
- The period for which the detainee was being detained, or,
- Any other information obtained in the course of your monitoring of contact with the detainee, and,
- Your disclosure occurred while the detainee was being detained.
Duress and necessity are defences to the charge.