CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 41 Identity of reporter or referrer confidential
CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 41
Identity of reporter or referrer confidentialS. 41(1) substituted by No. 48/2006 s. 9(3), amended by No. 30/2019 s. 7(1).
(1) If a report is made to the Secretary under section 28 or 29, a person (other than the person who made it) must not disclose to any person other than the Secretary or a community-based child and family service—
(a) the name of the person who made the report; and
(b) any information that is likely to lead to the identification of the person who made the report.
Penalty: 60 penalty units.
S. 41(1A) inserted by No. 48/2006 s. 9(3), amended by No. 30/2019 s. 7(2).
(1A) If a referral is made to a community-based child and family service under section 31 or 32, a person (other than the person who made it) must not disclose to any person other than the Secretary or a community-based child and family service—
(a) the name of the person who made the referral; and
(b) any information that is likely to lead to the identification of the person who made the referral.
Penalty: 60 penalty units.
S. 41(2) amended by No. 30/2019 s. 7(3).
(2) Subsections (1) and (1A) do not apply if the person who made the report or referral—
(a) gives written consent to the Secretary; or
(b) gives written or oral consent to the community-based child and family service.
S. 41(3) inserted by No. 30/2019 s. 7(4).
(3) To avoid doubt, the name of a person who made a report or who made a referral may be shared between—
(a) the Secretary and any community-based child and family service; and
(b) a community-based child and family service and any other community-based child and family service.