CHILD WELLBEING AND SAFETY ACT 2005 - SECT 40 Definitions
CHILD WELLBEING AND SAFETY ACT 2005 - SECT 40
DefinitionsIn this Division—
S. 40 def. of exempt information inserted by No. 23/2021 s. 39(2).
"exempt information" means information, including but not limited to protected information, the use or disclosure of which could be reasonably expected to—
(a) endanger a person's life or result in physical injury; or
(b) prejudice the investigation of a breach or possible breach of the law, or prejudice the enforcement or proper administration of the law, in a particular instance; or
(c) prejudice a coronial inquest or inquiry; or
(d) prejudice the fair trial of a person or the impartial adjudication of a particular case; or
(e) disclose, or enable a person to ascertain, the identity of a confidential source of information in relation to the enforcement or administration of the law; or
(f) contravene a court order or a provision made by or under this Act or any other Act that—
(i) prohibits or restricts, or authorises a court or tribunal to prohibit or restrict, the publication or other disclosure of information for or in connection with any proceeding; or
(ii) requires or authorises a court or tribunal to close any proceeding to the public;
S. 40 def. of exempt integrated sector regulator inserted. by No. 23/2021 s. 39(2).
"exempt integrated sector regulator" means an integrated sector regulator that is prescribed not to be a relevant person;
S. 40 def. of privilege information inserted by No. 23/2021 s. 39(2).
"privilege information" means information, including but not limited to protected information, the use or disclosure of which could be reasonably expected to disclose the contents of a document, or a communication, that is of such a nature that the contents of the document, or the communication, would be privileged from production in legal proceedings on the ground of legal professional privilege or client legal privilege;
S. 40 def. of protected information substituted by No. 23/2021 s. 39(1).
"protected information" means information acquired by a relevant person—
(a) in the case of a relevant person that is an integrated sector regulator, in the course of—
(i) performing functions or exercising powers under this Part; or
(ii) performing functions or exercising powers under an authorising Act that relate to the Child Safe Standards; or
(b) in any other case, in the course of performing functions or exercising powers under this Part;
S. 40 def. of relevant person amended by No. 23/2021 s. 39(3)(4).
"relevant person" means any of the following persons—
(aa) the Commission;
(aab) a sector regulator;
(aac) an integrated sector regulator (other than an exempt integrated sector regulator);
(a) the Principal Commissioner within the meaning of the Commission for Children and Young People Act 2012 ;
(b) a Commissioner within the meaning of the Commission for Children and Young People Act 2012 ;
(c) a delegate of the Commission;
(d) an authorised person;
(e) a member of the staff of the Commission;
(f) an officer (however described) of a sector regulator or an integrated sector regulator (other than an exempt integrated sector regulator);
(g) a delegate of a sector regulator or an integrated sector regulator (other than an exempt integrated sector regulator);
(h) a person employed or engaged by a sector regulator or an integrated sector regulator (other than an exempt integrated sector regulator).
S. 40A inserted by No. 23/2021 s. 40.