152—Sharing of information between certain persons and bodies
(1) This section
applies to the following persons and bodies:
(a) the
Department;
(b) the
Commissioner for Children and Young People;
(ba) the
Commissioner for Aboriginal Children and Young People;
(c) the
Guardian for Children and Young People;
(d) the
Child Death and Serious Injury Committee;
(e) the
Child and Young Person's Visitor;
(f) a
State authority;
(g) a
Child and Family Assessment and Referral Network and its constituent members;
(h) any
other person or body prescribed by the regulations.
(2) Despite any other
Act or law, a person or body to whom this section applies (the
"provider") may, in accordance with any requirement set out in the
regulations, provide prescribed information and documents to another person or
body to whom this section applies (the "recipient") if the provider reasonably
believes that the provision of the information or documents would assist the
recipient—
(a) to
perform functions relating to children and young people; or
(b) to
manage any risk to a child or young person, or class of children or young
people, that might arise in the recipient's capacity as an employer or
provider of services.
(3) Subject to this
section, but despite any other Act or law, information or documents that do
not directly or indirectly disclose the identity of any person may be provided
by one person or body to whom this section applies to another without
restriction.
(4)
Subsection (3) applies—
(a)
whether or not the information or documents consist of or include
prescribed information and documents; and
(b)
whether or not the information or document ever disclosed the identity of a
person, or has been redacted so as to de-identify it.
(5) Information may be
provided under this section whether or not the provider has been requested to
provide the information.
(6) Despite
section 164, the recipient of information or documents under this section
must not disclose information or documents received under this section
except—
(a) to
another person or body to whom this section applies; or
(b) as
may be authorised by the regulations.
(7) In this
section—
"prescribed information and documents" means—
(a)
information or documents relating to the health, safety, welfare or wellbeing
of a particular child or young person, or class of children or young people;
or
(b) any
other information or document of a kind prescribed by the regulations for the
purposes of this definition.