South Australian Current Acts

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CHILDREN AND YOUNG PEOPLE (SAFETY) ACT 2017 - SECT 164

164—Confidentiality

        (1)         Subject to this Act, a person engaged or formerly engaged in the administration, operation or enforcement of this Act must not disclose personal information obtained (whether by that person or otherwise) in the course of performing functions or exercising powers under this Act except—

            (a)         as required or authorised by or under this Act or any other Act or law; or

            (b)         with the consent of the person to whom the information relates; or

            (c)         in connection with the administration or enforcement of this or any other Act; or

            (d)         for the purposes of referring the matter to a law enforcement agency, or a person or agency exercising official duties under an Act relating to the care or protection of children and young people; or

            (e)         to an agency or instrumentality of this State, the Commonwealth or another State or a Territory of the Commonwealth for the purposes of the proper performance of its functions; or

            (f)         if the disclosure is reasonably necessary for the protection of the lawful interests of that person.

Maximum penalty: $10 000.

        (2)         Subsection (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates.

        (3)         Information that has been disclosed under subsection (1) for a particular purpose must not be used for any other purpose by—

            (a)         the person to whom the information was disclosed; or

            (b)         any other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure.

Maximum penalty: $10 000.

        (4)         The regulations may make further provision in respect of the disclosure of information obtained in the course of the administration of this Act.



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