New South Wales Consolidated Acts

COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 1998 - SECT 45U

45U Confidentiality of information

(1) A Team-related person must not make a record of, or directly or indirectly disclose to any person, any information (including the contents of any document) that was acquired by the person by reason of being a Team-related person, unless:

(a) the record or disclosure is made in good faith for the purpose of exercising a function under this Part, or

(b) the record or disclosure is authorised to be made by the Convenor in connection with research that is undertaken for the purpose of helping to prevent or reduce the likelihood of deaths of children in New South Wales, or

(c) the record or disclosure is made by the Convenor for the purpose of:

(i) providing information to the Commissioner of Police in connection with a possible criminal offence, or

(ii) reporting to the Director-General of the Department of Community Services that a child or class of children may be at risk of harm, or

(iii) providing information to the State Coroner that may relate to a death that is within the jurisdiction of the State Coroner, whether or not the death has been the subject of an inquest under the Coroners Act 1980 , or

(iv) providing information to the Ombudsman concerning the death of a child that is relevant to the exercise of any of the Ombudsman’s functions, or

(v) giving effect to any agreement or other arrangement entered into under section 45N (1B), or

(d) the record or disclosure is made by a member of the Team to a Minister, or to a Department Head, chief executive officer or senior member of any department of the government or a statutory body, in connection with a draft report prepared for the purpose of section 45P, 45Q or 45R.

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

(2) A Team-related person is not required:

(a) to produce to any court any document or other thing that has come into the person’s possession, custody or control, or

(b) to reveal to any court any information that has come to the person’s notice,

by reason of being a Team-related person.

(3) Any authority or person to whom any information referred to in subsection (1) is revealed, and any person or employee under the control of that authority or person:

(a) is subject to the same obligations and liabilities under subsection (1), and

(b) enjoys the same rights and privileges under subsection (2),

in respect of that information as if he or she were a Team-related person who had acquired the information for the purpose of the exercise of the functions of the Team. Failure to comply with obligations and liabilities referred to in this subsection is taken to be a contravention of subsection (1).

(4) In this section:
"court" includes any tribunal or person having power to require the production of documents or the answering of questions.
"produce" includes permit access to.
"Team-related person" means a member of the Team, a member of staff of the Team and any person engaged to assist the Team in the exercise of its functions, including persons appointed under section 45O.