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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 191 Confidentiality

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 191

Confidentiality

S. 191(1) amended by No. 48/2006 s. 13(1).

    (1)     If a report referred to in section 190(1) is made, a person (other than the person who made it or a person acting with the written consent of the person who made it) must not disclose to any person other than a protective intervener or a community-based child and family service in accordance with subsection (4)—

        (a)     the name of the person who made the report; or

        (b)     any information that is likely to lead to the identification of the person who made the report.

Penalty:     10 penalty units.

    (2)     Subsection (1) does not apply to a disclosure made to a court or tribunal in accordance with section 190.

S. 191(3) amended by No. 37/2014 s. 10(Sch. item 18.5).

    (3)     Subsection (1) does not apply to a disclosure to the Therapeutic Treatment Board of the name or information leading to the identification of a police officer who made a report under section 185.

S. 191(4) inserted by No. 48/2006 s. 13(2).

    (4)     If a report is made to the Secretary under section 183 or 184, the information referred

to in subsection (1) may be disclosed to a community-based child and family service if—

        (a)     the Secretary has made a determination under section 187(1)(c) in respect of the report; and

        (b)     the matter is referred to the community-based child and family service under section 30.

S. 191(5) amended by No. 48/2006 s. 13(2).

    (5)     A community-based child and family service to which information referred to in subsection (1) is disclosed must not disclose that information to any other person except in accordance with this Part.

Penalty:     60 penalty units.

Part 4.5—Disclosure of information

Division 1—Voluntary disclosure of information

S. 192 substituted by No. 11/2018 s. 18.