South Australian Numbered Acts

TEACHERS REGISTRATION AND STANDARDS (MISCELLANEOUS) AMENDMENT ACT 2020 (NO 38 OF 2020) - SECT 34

34—Insertion of Part 9A

After section 49 insert:

Part 9A—Information sharing

49A—Disclosure of information to prevent harm

Despite a provision of this or any other Act or law, the Teachers Registration Board may disclose information obtained in the course of the administration or operation of this Act to an appropriate person or body if the Teachers Registration Board is of the opinion that to do so is reasonably necessary to prevent harm being caused to a child.

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.