New South Wales Consolidated Acts

CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 - SECT 48U

48U Exchange of information

(1) A scheme administrator may (but need not) enter into an arrangement ( "an information sharing arrangement") with a relevant agency for the purposes of sharing or exchanging any information that is held by persons involved in the administration of the scheme or by the agency.

Note: The disclosure of information by a scheme administrator to a relevant agency may also be permissible under section 48T (3) even in the absence of an information sharing arrangement.

(2) The information to which an information sharing arrangement may relate is limited to the following:

(a) information concerning the needs of a child who is being assessed for participation, or who is participating, in the scheme,

(b) information that assists in the exercise of functions under this Part (or under regulations made for the purposes of this Part) or of the relevant agency concerned,

(c) any other information that may be prescribed by the regulations.

(3) Under an information sharing arrangement, a scheme administrator and the relevant agency are, despite any other Act or law of the State, authorised:

(a) to request and receive information that is held by the other party to the arrangement, and

(b) to disclose that information to the other party,

but only to the extent that the information is reasonably necessary to assist in the exercise of functions under this Part (or under regulations made for the purposes of this Part) or the functions of the relevant agency concerned.

(4) This section does not limit the operation of any Act under which a scheme administrator or a relevant agency is authorised or required to disclose information to another person or body.

(5) In this section:
"relevant agency" means any of the following:

(a) a body of the Commonwealth or another State or Territory (or 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,

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

"scheme administrator" means any person involved in the administration of the scheme who is prescribed by, or approved in accordance with, the regulations.