New South Wales Consolidated Acts

CHILDREN'S GUARDIAN ACT 2019 - SECT 58

58 Disclosures by Children's Guardian or officer of Children's Guardian

(1) The Children's Guardian must not disclose any information obtained in the course of an investigation or determination into reportable conduct or a conviction considered to be a reportable conviction, unless the disclosure is made--

(a) if the person who is the subject of the investigation or determination holds, or is required to hold, a working with children check clearance--to that person, or

(b) if the information relates to a public authority, including a Schedule 1 entity that is a public authority, and where the information is obtained from a relevant entity--with the consent of the head of the relevant entity, or of the responsible Minister, or

(c) if the information relates to the safety, welfare or wellbeing of a particular child or class of children--to a police officer, the Department or any other public authority that the Children's Guardian considers appropriate in the circumstances, or

(d) if the Children's Guardian believes on reasonable grounds that disclosure to a person is necessary to prevent or reduce the likelihood of harm being done to another person--to the person, or

(e) where the information is obtained from any other person--

(i) if the information relates to the person--with the consent of the person, or

(ii) for the purpose of proceedings with respect to the discipline of police officers before the Commissioner of Police or the Industrial Relations Commission, or

(f) for the purpose of proceedings under section 167A of the Police Act 1990 , or

(g) for the purpose of proceedings under--

(i) the Public Interest Disclosures Act 2022 , section 33 or 37, or

(ii) the Independent Commission Against Corruption Act 1988 , section 79I or 79L, or

(iii) the Ombudsman Act 1974 , section 31R or 31U, or

(iv) the Law Enforcement Conduct Commission Act 2016 , section 97H or 97K, or

(h) for the purpose of criminal proceedings resulting from an investigation under this Act, or

(i) for the purpose of any proceedings under section 161 or 169 of this Act or under Part 3 of the Royal Commissions Act 1923 or Part 4 of the Special Commissions of Inquiry Act 1983 , or

(j) to a medical practitioner or psychologist in relation to the provision by that health practitioner of medical or psychiatric care, treatment or counselling, including psychological counselling to the Children's Guardian or an officer of the Children's Guardian, or

(k) to an Official Community Visitor for the purpose of exercising the Official Community Visitor's functions under this Act, or

(l) to a complainant, for the purposes of responding to a complaint about a relevant entity's handling of a reportable allegation or conviction considered to be a reportable conviction, or

(m) for the purpose of discharging the Children's Guardian's functions under this or any other Act.

: Maximum penalty--10 penalty units.

(2) Subsection (1) does not operate to make admissible in evidence in proceedings a document that would not have been admissible if this section had not been enacted.