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.