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.]