Western Australian Current Acts Western Australian Current Acts (1) Where —
(a) a
charge against a child is dismissed by the Court; or
(b) a
child is convicted or found guilty of an offence by the Court,
the fact of the
dismissal, the conviction or finding of guilt or any relevant order may be
disclosed to a health department officer for use in the research project.
(2) In subsection (1)
—
health department officer means a member of the
Public Service employed in the Department as defined in the
Health (Miscellaneous Provisions) Act 1911 section 3(1);
research project means the project known as
“Developmental Pathways Project” conducted by the Telethon
Institute for Child Health Research.
(3) Information may be
disclosed under subsection (1) —
(a) even
if the disclosure is in a manner which identifies or is likely to lead to the
identification of the child; and
(b)
despite any written law relating to confidentiality or secrecy.
(4) The chief
executive officer of the department of the Public Service principally
assisting in the administration of this Act must establish procedures for the
disclosure of information under subsection (1).
(5) The regulations
may include provisions about —
(a) the
receipt and storage of information disclosed under this section; and
(b) the
restriction of access to such information.
(6) If information is
disclosed, in good faith, under subsection (1) —
(a) no
civil or criminal liability, or liability to be punished for a contempt of
court, is incurred in respect of the disclosure; and
(b) the
disclosure is not to be regarded as a breach of any duty of confidentiality or
secrecy imposed by law; and
(c) the
disclosure is not to be regarded as a breach of professional ethics or
standards or as unprofessional conduct.
[Section 36AA inserted: No. 26 of 2011 s. 6;
amended: No. 19 of 2016 s. 101.]