Victorian Consolidated Legislation

Child Wellbeing and Safety Act 2005 - SECT 40

Confidentiality

40. Confidentiality



(1) In this section-

relevant person means-

   (a)  a person who is or has been the Child Safety Commissioner; or

   (b)  a person who is or has been a delegate of the Child Safety
        Commissioner; or

   (c)  a person who is or has been an authorised person; or

   (d)  a person who is or has been a member of an advisory committee referred
        to in section 38; or

   (e)  a person who is or has been appointed to assist an advisory committee
        referred to in section 38; senior available next of kin has the same
        meaning as in the Human Tissue Act 1982.

(2) A relevant person must not, except to the extent necessary-

   (a)  to carry out functions under this Part; or

   (b)  to exercise powers under this Part; or

   (c)  to give any information he or she is expressly authorised, permitted
        or required to give under this Part-

disclose to any other person, whether directly or indirectly, any information
acquired by reason of being a relevant person if a person who is or has been a
child in out of home care or a child who is or whose death is the subject of
an inquiry under Division 4 or a member of that person's family will or may be
identified from that information. Penalty: 60 penalty units.

(3) Subsection (2) does not apply to the disclosure of information-

   (a)  with the prior consent in writing of the person to whom the
        information relates or, if that person has died, with the consent
        (which may be express or implied) of the senior available next of kin
        of that person; or

   (b)  to a court or tribunal in the course of criminal legal proceedings; or

   (c)  pursuant to an order of a court or tribunal made under another Act or
        law; or

   (d)  to an Australian legal practitioner for the purpose of obtaining legal
        advice or representation.