New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 149F

149F Disclosure of high level identification information without consent of authorised carer

(1) Before disclosing high level identification information without the consent of the authorised carer of the child or young person concerned, the designated agency--

(a) must provide written reasons to the authorised carer as to why it believes that the disclosure of the information will not pose any risk of the kind referred to in section 149E(2)(a), and

(b) if the child or young person concerned is 12 years of age or older--must provide a copy of the written reasons to the child or young person (unless the agency considers that it is not in the child or young person's best interests to do so), and

(c) if the child concerned is less than 12 years of age--must supply a copy of the written reasons to any person nominated by the child (unless the agency considers that it is not in the child's best interests to do so or that the child is too young to nominate a person), and

(d) must ensure that a copy of the written reasons is retained on the designated agency's file for the purpose of disclosing them to the child after he or she reaches the age of 12 (unless the agency considers that it is not in the child's best interests to do so).

(2) The designated agency must also give the authorised carer a written notice stating--

(a) that the information will not be disclosed within the period of 21 days after the date of the notice, and

(b) that the decision to disclose the information may be administratively reviewed by the Civil and Administrative Tribunal under the Administrative Decisions Review Act 1997 --

(i) on the application of the authorised carer, or

(ii) on the application of the designated agency (on behalf of the authorised carer) at the request of the authorised carer made before the expiry of the 21-day period referred to in paragraph (a).