South Australian Numbered Acts

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EDUCATION AND EARLY CHILDHOOD SERVICES (REGISTRATION AND STANDARDS) ACT 2011 (NO 46 OF 2011) - SECT 87

87—Confidentiality

        (1)         A person engaged or formerly engaged in the administration of this Act must not divulge or communicate personal information obtained (whether by that person or otherwise) in the course of official duties 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)         to an authority responsible under the law of a place outside this State for the registration or accreditation of persons who provide education services or early childhood services, where the information is required for the proper administration of that law; 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.

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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