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DISABILITY SERVICES ACT 2006 - SECT 138 Information that need not be given

DISABILITY SERVICES ACT 2006 - SECT 138

Information that need not be given

138 Information that need not be given

(1) This section applies if, under another provision of this division, an entity is required to give information to the chief executive and the entity reasonably believes that giving the information may do any of the following—
(a) prejudice the investigation of a contravention or possible contravention of the law in a particular case;
(b) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;
(c) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;
(d) prejudice a matter before a court, including, for example—
(i) a matter or an investigation before the Mental Health Court; and
(ii) a prosecution;
(e) prejudice a matter before the Mental Health Review Tribunal;
(f) endanger a person’s life or physical safety;
(g) adversely affect a person’s mental health.
(2) Despite the other provision, the entity is not required to—
(a) give the information to the chief executive; or
(b) disclose the existence of the information to the chief executive.