Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 867

    (1)     An investigative entity may—

        (a)     divulge protected information (including sensitive information) in relation to an investigation it is carrying out to another investigative entity; and

        (b)     divulge protected information (other than sensitive information) in relation to an investigation it is carrying out to someone else.

    (2)     However, an investigative entity may divulge sensitive information in relation to an investigation to someone other than another investigative entity only if satisfied that—

        (a)     the information is materially relevant to the investigation; and

        (b)     disclosure of the information is in the public interest; and

        (c)     if the information is about a child or young person—the best interests of the child or young person are protected; and

        (d)     the information does not include information that—

              (i)     identifies a person as a person who made—

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

    (B)     a prenatal report; or

    (C)     a confidential report; or

    (D)     an interstate care and protection report; or

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

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

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

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

              (ii)     would allow a person's identity as a person who made a report or notification mentioned in subparagraph (i) to be worked out.

    (3)     To enable the investigative entity to make a decision under subsection (2), the investigative entity must allow the information holder to be heard in relation to the divulging of the information.