• Specific Year
    Any

CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 282 Confidentiality

CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 282

Confidentiality

    (1)     A person who has acquired information in exercising a power or performing a function under this Part is guilty of an offence if the person:

    (a)     discloses the information to someone; or

    (b)     does something that results in disclosing the information to someone and is reckless as to whether doing the thing would result in the disclosure; or

    (c)     uses the information.

Maximum penalty:     200 penalty units or imprisonment for 2 years.

    (2)     Subsection (1) does not apply to:

    (a)     anything done by a person in exercising a power or performing a function under this Part; or

    (b)     anything done by a person for investigating a complaint about the care or protection of children under a law of the Territory, or a law of the Commonwealth, a State or another Territory; or

    (c)     a disclosure of the information to a court or tribunal.

    (3)     A person must not be required in a proceeding to give evidence or produce a thing for a matter that came to the person's knowledge in exercising a power or performing a function under this Part.

    (4)     A proceeding mentioned in subsection (3):

    (a)     includes:

        (i)     a proceeding of a court or tribunal; or

        (ii)     any other proceeding conducted by someone having the power to take evidence on oath; but

    (b)     does not include a proceeding for an offence alleged to have been committed by a person in exercising a power or performing a function under this Part.