Commonwealth Consolidated Acts

NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE ACT 2018 - SECT 97

Disclosure, use etc. by a government official

  (1)   If protected information is disclosed to a government institution, then an employee or officer of the institution (the government official ) may:

  (a)   obtain the information; or

  (b)   make a record of the information; or

  (c)   disclose the information to a person; or

  (d)   use the information;

if:

  (e)   the government official does so for any of the following purposes (a permitted purpose ):

  (i)   the enforcement of the criminal law;

  (ii)   the safety or wellbeing of children;

  (iii)   investigatory, disciplinary or employment processes related to the safety or wellbeing of children;

  (iv)   a purpose prescribed by the rules; and

  (f)   the government official does so in the official's capacity as an employee or officer of the government institution; and

  (g)   a law of the Commonwealth (other than this Part), or of a State or a Territory, does not prohibit the government official from doing so.

Disclosure by a person to a government institution

  (2)   If:

  (a)   a person is satisfied that disclosure of protected information is reasonably necessary for a permitted purpose; and

  (b)   a law of the Commonwealth, a State or a Territory requires or permits the person to disclose the information to a government institution that has functions that relate to the permitted purpose;

then the person may disclose the information to the government institution for that purpose.

  (3)   Subsection   (2) does not apply if the person is:

  (a)   an officer of the scheme; or

  (b)   an employee or officer of a government institution.

Officers of government institutions

  (4)   The rules may prescribe that specified persons are officers of a government institution for the purposes of subsection   (1) or paragraph   (3)(b).