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CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 241

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 241

241 .         Restrictions on disclosing information obtained under this Act

        (1)         This section applies to a person who is or has been engaged in —

            (a)         the performance of functions under this Act; or

            (b)         the provision of social services under an agreement referred to in section 15(1).

        (2)         A person to whom this section applies must not, directly or indirectly, record, disclose or make use of information obtained in the course of duty, except —

            (a)         for the purpose of, or in connection with, performing functions under this Act; or

            (b)         for the purpose of, or in connection with, providing social services under an agreement referred to in section 15(1); or

            (c)         for the purpose of the investigation of any suspected offence under this Act or the conduct of proceedings against any person for an offence under this Act; or

            (d)         for the purpose of protection proceedings; or

            (e)         as required or allowed under this Act or another written law; or

            (f)         with the written consent of the Minister or person to whom the information relates; or

            (g)         in prescribed circumstances.

        Penalty for this subsection: a fine of $12 000 and imprisonment for one year.

        (3)         Subsection (2) is not to be taken to permit the disclosure of identifying information as defined in section 124A or 240 if its disclosure is prohibited under section 124F or 240.

        (4)         Subsection (2) is not to be taken to prevent the disclosure of statistical or other information that could not reasonably be expected to lead to the identification of any person to whom it relates.

        (5)         If information is lawfully disclosed under this section, this section does not prevent the further disclosure of the information, or the recording or use of the information, for the purpose for which the disclosure was made.

        [Section 241 amended: No. 26 of 2008 s. 10; No. 49 of 2010 s. 85; No. 18 of 2021 s. 76.]

        [Heading inserted: No. 18 of 2021 s. 72.]

        [Heading inserted: No. 18 of 2021 s. 72.]