Western Australian Consolidated Acts Western Australian Consolidated Acts (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;
(b) as
required or allowed by this Act or any other law;
(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;
(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;
(bb)
where it is in the public interest to protect the physical safety of an
individual;
(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;
(bd) for
the purpose of protection proceedings under the Children and
Community Services Act 2004 ;
(c) for
the purpose of proceedings before the State Administrative Tribunal commenced
under the Guardianship and Administration Act 1990 ;
(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 by No. 44 of 1999
s. 24; No. 34 of 2004 s. 251; No. 55 of 2004 s. 467.]