New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 248

248 Provision and exchange of information

(1AA) The functions referred to in subsection (1) may be exercised by the Director-General for any one or more of the following purposes:

(a) for the purposes of providing information to, or exchanging information with, a prescribed body,

(b) for the purpose of exercising the functions of the Director-General.

(1) The Director-General may do either or both of the following:

(a) the Director-General may, in accordance with the requirements (if any) prescribed by the regulations, furnish a prescribed body with information relating to the safety, welfare and well-being of a particular child or young person or class of children or young persons,

(b) the Director-General may, in accordance with the requirements (if any) prescribed by the regulations, direct a prescribed body to furnish the Director-General with information relating to the safety, welfare and well-being of a particular child or young person or class of children or young persons.

(1A) Information about the following may be furnished under this section in the same way as information about a child or young person or class of children or young persons may be furnished:

(a) an unborn child who is the subject of a pre-natal report under section 25,

(b) the family of an unborn child the subject of such a report,

(c) the expected date of birth of an unborn child the subject of such a report.

(2) It is the duty of a prescribed body to whom a direction is given under subsection (1) (b) to comply promptly with the requirements of the direction.

(3) If information is furnished under subsection (1) or (1A):

(a) the furnishing of the information is not, in any proceedings before a court, tribunal or committee, to be held to constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct, and

(b) no liability for defamation is incurred because of the furnishing of the information, and

(c) the furnishing of the information does not constitute a ground for civil proceedings for malicious prosecution or for conspiracy.

(4) A reference in subsection (3) to information furnished under subsection (1) or (1A) extends to any information so furnished in good faith and with reasonable care.

(5) A provision of any Act or law that prohibits or restricts the disclosure of information does not operate to prevent the furnishing of information (or affect a duty to furnish information) under this section. Nothing in this subsection affects any obligation or power to provide information apart from this subsection.

(6) In this section:
"prescribed body" means:

(a) the NSW Police Force, a Division of the Government Service or a public authority, or

(b) a government school or a registered non-government school within the meaning of the Education Act 1990 , or

(c) a TAFE establishment within the meaning of the Technical and Further Education Commission Act 1990 , or

(d) a public health organisation within the meaning of the Health Services Act 1997 , or

(e) a private health facility within the meaning of the Private Health Facilities Act 2007 , or

(f) any other body or class of bodies (including an unincorporated body or bodies) prescribed by the regulations for the purposes of this section,

and a reference in this section to any such prescribed body includes a reference to any part (however described) of the prescribed body.