Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 845

    (1)     For this Act:

"sensitive information" means any of the following:

        (a)     care and protection report information;

        (b)     care and protection appraisal information;

        (c)     intensive therapy information;

        (d)     interstate care and protection information;

        (e)     family group conference information;

        (f)     contravention report information;

        (g)     information prescribed by regulation.

Note     Prenatal report information is also sensitive information (see s 365).

    (2)     In this section:

"care and protection appraisal information" means information—

        (a)     in a record of an appraisal; or

        (b)     that would allow information in a record of an appraisal to be worked out; or

        (c)     in a report (an incident report ) to the public advocate or Aboriginal and Torres Strait Islander children and young people commissioner under section 507 (Public advocate etc to be told about action following appraisals); or

        (d)     that would allow information in a record of an appraisal or incident report to be worked out.

"care and protection report information" means information—

        (a)     in a voluntary report or a mandatory report; or

        (b)     received by the director-general under section 360; or

        (c)     in a record that relates to—

              (i)     a notification under the Children's Services Act 1986

, section 103 (as in force at any time); or

              (ii)     a report under the Children and Young People Act 1999

, section 157A, section 158 or section 159 (as in force at any time); or

              (iii)     any other information received by the director-general under the Children and Young People Act 1999

about the suspected abuse or neglect of a child or young person; or

              (iv)     any information received about the suspected abuse or neglect of a child or young person at any time an ordinance was in force in relation to child welfare; or

        (d)     that would allow information mentioned in paragraph (a), (b) or (c) to be worked out; or

        (e)     that identifies a person as a person who gave the information mentioned in paragraph (a), (b) or (c); or

        (f)     that would allow a person's identity as a person who gave the information mentioned in paragraph (a), (b) or (c) to be worked out.

"contravention report information" means information—

        (a)     in a confidential report made under section 876 (Confidential report of contravention of Act); or

        (b)     that would allow the information in a confidential report to be worked out; or

        (c)     that identifies a person as a person who made a confidential report; or

        (d)     that would allow a person's identity as a person who made a confidential report to be worked out.

"family group conference information" means information—

        (a)     about anything said or done to facilitate, or anything said or done at, a family group conference arranged under section 80 (2); or

        (b)     information in a family group conference agreement, or in a family group conference outcome report, that relates to a family group conference arranged under section 80 (2); or

        (c)     information that would allow information mentioned in paragraph (a) or (b) to be worked out.

Note     Family group conferences are dealt with in ch 3 and ch 12.

"intensive therapy information" means information—

        (a)     about anything said or done to facilitate, or anything said or done at, a meeting of the therapeutic support panel; or

        (b)     in a report, or record, about whether action should be taken that would result in a child or young person being in intensive therapy; or

        (c)     about anything said or done, or in a report or record, relevant to the implementation of an interim intensive therapy order or an intensive therapy order; or

        (d)     used for the preparation of a therapy plan.

"interstate care and protection information" means information—

        (a)     in a report (an interstate care and protection report ) made under a provision of a law of a State corresponding (or substantially corresponding) to section 354 (Voluntary reporting of risk of significant harm), section 356 (Offence—mandatory reporting of significant harm) or section 362 (Prenatal reporting—anticipated risk of significant harm), that is provided to the director-general under a section corresponding (or substantially corresponding) to—

              (i)     section 852 (Director-general—giving information to person under corresponding provisions); or

              (ii)     section 861 (Information sharing entity—giving safety and wellbeing information to director-general); or

        (b)     that would allow the information in an interstate care and protection report to be worked out; or

        (c)     that identifies a person as a person who made an interstate care and protection report; or

        (d)     that would allow a person's identity as a person who made an interstate care and protection report to be worked out.