49B—Sharing of information between Teachers Registration Board and
certain persons and bodies
(1) This section
applies to the following persons and bodies:
(a) the
Teachers Registration Board;
(b) the
Education and Early Childhood Services Registration and Standards Board of
South Australia;
(c) the
Registrar;
(d) a
teacher regulatory authority in Australia and New Zealand;
(e) a
person or body who is an employer of a teacher;
(f) the
central assessment unit under the Child Safety (Prohibited Persons)
Act 2016 ;
(g) a
State authority;
(h) any
other person or body declared by the regulations to be included in the ambit
of this subsection.
(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 official functions relating to the health, safety, welfare or
wellbeing of a child or class of children; or
(b) to
manage any risk to a child or class of children that might arise in the
recipient's capacity as an employer or provider of services.
(3) 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 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 regardless of whether the provider has been
requested to provide the information.
(6) For the purposes
of this section, a reference to a teacher will be taken to include a reference
to a person granted a special authority to teach under Part 6 (whether or not
the special authority has expired).
(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 class of children; or
(b) any
other information or document of a kind prescribed by the regulations for the
purposes of this definition;
"State authority" means—
(a) a
person who holds an office established by an Act; or
(b) a
public sector agency; or
(c)
South Australia Police; or
(d) a
local council constituted under the Local Government Act 1999 ; or
(e) any
other person or body declared by the regulations to be a State authority,
but does not include a person or body declared by the regulations to be
excluded from the ambit of this definition.