Western Australian Current Acts Western Australian Current Acts (1) A State authority
specified in subsection (4) may disclose to another State authority specified
in subsection (4) any information that is, or could reasonably be expected to
be, relevant to the performance of a function of the State authority to which
the information is disclosed.
(2) If an
administrative head referred to in subsection (4), in writing, requests
another administrative head referred to in subsection (4) to disclose any
information, the administrative head receiving the request is to comply with
the request unless the exception in subsection (3) applies.
(3) The Commissioner
of Police may decline to disclose information requested under subsection (2)
if to do so would be likely to compromise an investigation.
(4) The State
authorities specified in this subsection are —
(a) the
Commissioner of Police (who is the administrative head ), police officers, and
persons employed in the department of the Public Service principally assisting
in the administration of the Police Act 1892 ;
(b) the
chief executive officer of the department of the Public Service principally
assisting in the administration of the Young Offenders Act 1994 (who is the
administrative head ) and persons employed in that department;
(c) the
chief executive officer of the department of the Public Service principally
assisting in the administration of the Children and Community Services Act
2004 (who is the administrative head ) and persons employed in that
department.
(5) The authority
given by this section to disclose information applies even though the
disclosure may be contrary to any duty of confidentiality imposed by law or
otherwise arising and whether or not the duty of confidentiality arose before
this Act commenced but, without limiting the authority given by this section
to disclose information, a person to whom confidential information is
disclosed under this section is bound by the same duty of confidentiality as
applied to the person making the disclosure.
(6) A person making a
disclosure under this section incurs no civil or criminal liability as a
result of the disclosure, and is not to be regarded for any purpose as being
in breach of the duty of confidentiality.
[Section 57 amended: No. 34 of 2004 Sch. 2 cl.
20(2).]