Queensland Numbered Acts

CHILD SAFE ORGANISATIONS ACT 2024 - SECT 56

56 Confidentiality of information

(1) If a person gains confidential information through involvement in the administration of this Act, the person must not—

(a) make a record of the information or intentionally disclose the information to anyone, other than under subsection (3) ; or

(b) recklessly disclose the information to anyone.

Penalty—

Maximum penalty—200 penalty units.

(2) A person gains information through involvement in the administration of this Act if the person gains the information because of being, or an opportunity given by being—

(a) the Minister or a member of the Minister’s staff; or

(b) a commissioner; or

(c) a staff member of the commission; or

(d) a person consulted, engaged or employed by the commission for this Act.

(3) A person may make a record of confidential information or disclose it to someone else to the extent the making of the record or disclosure is a permitted use.

(4) A commissioner may decide confidential information may be disclosed to a person if the commissioner is satisfied—

(a) the disclosure is reasonably necessary—

(i) to prevent or minimise the risk of harm to anyone; or

(ii) to improve the performance of a function or service to prevent or minimise the risk of harm to anyone; and

(b) the public interest in preventing or minimising the risk of harm outweighs the need to protect the privacy of any living or dead person.

(5) In this section—

"permitted use" , for the making of a record, or disclosure, of confidential information, means use of the information for—

(a) the performance of the person’s functions under or in relation to this Act; or

(b) a disclosure permitted by a commissioner under subsection (4) ; or

(c) a purpose permitted under this Act; or

(d) a purpose authorised or required under another law; or

(e) complying with a lawful process requiring the production of documents or giving of evidence before a court or tribunal; or

(f) a purpose with the written consent of the person to whom the information relates; or

(g) lessening or preventing a serious threat to a person’s life, health or safety.