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.