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CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 308 Confidential information

CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 308

Confidential information

    (1)     A person is guilty of an offence if the person:

    (a)     discloses to someone any information acquired by the person in exercising a power or performing a function as an authorised officer; 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; or

    (d)     publishes all or part of a document obtained by the person in exercising a power or performing a function as an authorised officer; or

    (e)     produces to a court or tribunal a thing obtained by the person in exercising a power or performing a function as an authorised officer.

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 Act; or

    (b)     anything done by a person for administering this Act; or

    (c)     any disclosure or production to:

        (i)     someone who is the subject of the information, document or thing (the relevant party ); or

        (ii)     someone with the consent of the relevant party (whether or not the consent has been given expressly); or

        (iii)     someone approved by the CEO on the basis the disclosure or production is made in the public interest; or

        (iv)     someone approved by the CEO for research purposes on the basis the confidentiality regarding the information, document or thing, or the identity of the relevant party, will be preserved; or

    (d)     anything done in accordance with the regulations.