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.