New South Wales Consolidated Acts

CHILDREN'S GUARDIAN ACT 2019 - SECT 57

57 Disclosure of information

(1) This section applies to a person who is, or was, any of the following persons--

(a) the Children's Guardian,

(b) the head of a relevant entity or an investigator for the relevant entity, to which a report of a reportable allegation or a conviction considered to be a reportable conviction, in relation to an employee of the relevant entity, was given.

(2) A person must not disclose relevant information unless subsection (3) or (4) applies.

: Maximum penalty--10 penalty units or imprisonment for a period not exceeding 12 months, or both.

(3) A person to whom this section applies must disclose relevant information to the following persons unless the person is satisfied the disclosure is not in the public interest--

(a) a child to whom the information relates,

(b) a parent of the child,

(c) if the child is in out-of-home care--an authorised carer that provides out-of-home care to the child.

(4) Relevant information may be disclosed if--

(a) it is for the purpose of promoting the safety, welfare or wellbeing of a child, or class of children, to whom the information relates, and

(b) the information is disclosed to--

(i) if the disclosure is made by the head of a relevant entity or investigator--the Children's Guardian, or

(ii) if the disclosure is made by the Children's Guardian--the head of a relevant entity, or

(iii) if the employee the subject of the reportable allegation or conviction considered to be a reportable conviction is a contractor--the head of an entity, other than the relevant entity, that engaged the employee as a contractor, or

(iv) if the Secretary or Minister has parental responsibility for a relevant child under the Children and Young Persons (Care and Protection) Act 1998 --the Secretary or Minister of the Department, or

(v) a person who, under the Children and Young Persons (Care and Protection) Act 1998 , has daily care and control of a relevant child, whether or not that care involves custody of the child, or

(vi) the Civil and Administrative Tribunal, for the purposes of an application under Part 10, or

(vii) a person, if necessary for the purpose of investigating the reportable allegation or determining the conviction considered to be a reportable conviction, or

(viii) a person prescribed by the regulations.

(5) The Children's Guardian may publish guidelines for the matters a person specified in subsection (1) must have regard to in deciding whether or not to disclose relevant information under this section.

(6) Nothing in this section prevents the Children's Guardian from entering into an arrangement or procedure with another entity in relation to the exchange of information relating to the safety, welfare and wellbeing of a child or class of children.

(7) In this section--

"relevant child" means a child or a member of a class of children--

(a) against whom an employee of an entity is alleged to have committed reportable conduct, and

(b) to whom the relevant information relates.

"relevant information" means the following information relating to a reportable allegation or conviction considered to be a reportable conviction--

(a) information about the progress of the investigation,

(b) information about the findings of the investigation,

(c) information about action taken in response to the findings.