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CHILDREN (EDUCATION AND CARE SERVICES) NATIONAL LAW (NSW) - SECT 271
Disclosure of information to other authorities
271 Disclosure of information to other authorities
(1) The National Authority may disclose information in respect of an education
and care service for a purpose listed in subsection (4), to-- (a) a relevant
Commonwealth Government Department; or
(b) any State or Territory Government
Department; or
(c) any Commonwealth, State or Territory public authority; or
(d) any State or Territory local authority; or
(e) a Regulatory Authority of
a participating jurisdiction.
(2) The Regulatory Authority may disclose
information in respect of an education and care service for a purpose listed
in subsection (4), to-- (a) a relevant Commonwealth Government Department; or
(b) any State or Territory Government Department; or
(c) any Commonwealth,
State or Territory public authority; or
(d) any State or Territory local
authority; or
(e) a Regulatory Authority of another participating
jurisdiction.
(3) The National Authority, the Regulatory Authority and any
Government Department, public authority or local authority may disclose
information to each other in respect of an education and care service for a
purpose listed in subsection (4).
(4) The purposes for disclosure of
information under this section are-- (a) the disclosure is reasonably
necessary to promote the objectives of the national education and care
services quality framework; or
(b) the disclosure is for the purposes of
enabling or assisting the other entity to perform or exercise any of its
functions or powers under this Law; or
(c) the disclosure is for the purposes
of research or the development of National, State or Territory policy with
respect to education and care services; or
(d) the disclosure is for a
purpose relating to the funding of education and care services; or
(e) the
disclosure is for a purpose relating to the payment of benefits or allowances
to persons using education and care services, provided the disclosure of
information is not otherwise prohibited by law.
(5) The Regulatory Authority
must disclose to the Regulatory Authorities of other participating
jurisdictions the suspension or cancellation of a working with children check,
working with children card or teacher registration of a nominated supervisor
of which it is notified under this Law.
(6) The Regulatory Authority may
disclose to the head of the government department responsible for the
administration of a working with children law, any prohibition notice given
under this Law as applying in any participating jurisdiction in respect of the
person.
(7) A disclosure of information under this section is subject to
Division 1 and any protocol agreed for the purposes of this section by-- (a)
the National Authority, all participating jurisdictions and the Commonwealth;
and
(b) subject to any protocol referred to in paragraph (a), the National
Authority and the Regulatory Authority, or the National Authority, the
Regulatory Authority and any Regulatory Authority of another participating
jurisdiction.
(8) Information disclosed under this section for the purpose of
research or the development of National, State or Territory policy with
respect to education and care services must not include information that could
identify or lead to the identification of an individual other than-- (a) an
approved provider or a nominated supervisor; or
(b) a family day care
educator who has been suspended from providing education and care to children
as part of a family day care service; or
(c) a person to whom a prohibition
notice applies; or
(d) a person who is being prosecuted for an offence
against this Law.
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