DISABILITY SERVICES ACT 1993 - SECT 52
DISABILITY SERVICES ACT 1993 - SECT 52
52 . Confidentiality
(1) A person who is or
has been in a situation to which this section applies must not, whether
directly or indirectly, record, disclose, or make use of any information
obtained because of that situation except —
(a) in
the course of duty; or
(b) as
required or allowed by this Act or any other law; or
(ba) in
connection with the investigation of an offence to —
(i)
a member of the Police Force of Western Australia or the
Australian Federal Police; or
(ii)
the Director of Public Prosecutions for Western Australia
or the Commonwealth; or
(iii)
an officer of another law enforcement agency established
under the law of a State or Territory or the Commonwealth authorised by
regulation to receive confidential information under this paragraph;
or
(bb)
where it is in the public interest to protect the physical safety of an
individual; or
(bc) for
the purpose of enabling or facilitating the investigation by the CEO as
defined in section 3 of the Children and Community Services Act 2004 , or an
officer as defined in that section, of whether or not a child is in need of
protection under that Act; or
(bd) for
the purpose of protection proceedings under the Children and Community
Services Act 2004 ; or
(c) for
the purpose of proceedings before the State Administrative Tribunal commenced
under the Guardianship and Administration Act 1990 ; or
(d) if
the information is personal information — with the consent of the
person, or the person’s guardian; or
(e) in
prescribed circumstances.
Penalty: $2 500.
(2) The situations to
which this section applies are —
(a)
being a member of the Board;
(b)
being a member of the personnel of the Commission;
(c)
being a person whose services are made use of under section 10, 12A or Part
4A.
[Section 52 amended: No. 44 of 1999 s. 24; No. 34
of 2004 Sch. 2 cl. 7; No. 55 of 2004 s. 467.]