New South Wales Consolidated Acts

CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 - SECT 48T

48T Disclosure of certain information prohibited

(1) A person must not disclose:

(a) the name of, or any other identifying information about, a child or a victim (or alleged victim) of a child that the person has obtained in connection with the exercise of a relevant function, or

(b) any other information about a child that the person has obtained in connection with the exercise of a relevant function.

Maximum penalty: 20 penalty units.

(2) A "relevant function" means any of the following functions:

(a) the assessment of a child’s suitability to participate in the ASB pilot project or the scheme,

(b) the conduct of the ASB pilot project,

(c) the conduct of the scheme (including the exercise of any functions conferred or imposed by regulations made for the purposes of this Part),

(d) any other function prescribed by the regulations.

(3) Nothing in subsection (1) prevents a person from disclosing the information referred to in that subsection:

(a) to any of the following persons:

(i) the child,

(ii) any person having parental responsibility (within the meaning of the Children and Young Persons (Care and Protection) Act 1998 ) for the child (but only with the consent of the child if he or she is capable in law of giving such consent),

(iii) another person exercising a relevant function,

(iv) any police officer responsible for investigating the offence in respect of which the child was referred to the scheme, or

(b) in connection with the conduct of an assessment of a child’s suitability to participate in the ASB pilot project or the scheme, or

(c) to a person or body for the purpose of monitoring or evaluating the ASB pilot project or the scheme, or

(d) for the purposes of any legal proceedings, or

(e) in accordance with a requirement of the Ombudsman Act 1974 or with any request made by the Ombudsman, or

(f) to a body of the Commonwealth or another State or Territory (or to a body of the Commonwealth or another State or Territory belonging to a class) that is prescribed by, or approved in accordance with, the regulations, or

(g) to any other person or body (or to a person or body belonging to a class) that is prescribed by, or approved in accordance with, the regulations, or

(h) with other lawful excuse.

(4) In this section:
"identifying information", in relation to a child, means any information that identifies the child or that is likely to lead to the identification of the child.