Western Australian Current Acts Western Australian Current Acts (1) In this section
—
law includes the common law and any rules of
equity.
(2) This subsection
applies to information disclosed —
(a) to
the CEO for the purposes of, or in connection with, any provision of this Act;
or
(b)
without limiting paragraph (a), in connection with the administration or
enforcement of this Act; or
[(c) deleted]
(d) as
otherwise authorised or required under any provision of this Act; or
(e) as
authorised by the regulations.
(3) In a case where
subsection (2) applies, information may be disclosed despite any other
enactment, law or agreement that prohibits or restricts its disclosure.
(4) Subsection (3)
does not derogate from the operation of —
(a)
section 34E(4) or 34H(3); or
(b) the
National Disability Insurance Scheme (Worker Screening) Act 2020
section 34(6).
(5) Subsections (2)
and (3) extend to information relating to —
(a)
spent convictions; or
(b)
children.
(6) If information is
disclosed by a person in good faith in a case where subsection (2) applies,
the person —
(a) does
not incur any civil or criminal liability; and
(b) is
not to be taken to have breached any duty of confidentiality or secrecy
imposed by law; and
(c) is
not to be taken to have breached any professional ethics or standards or any
principles of conduct applicable to the person’s employment or to have
engaged in unprofessional conduct.
(7) Subsection (6)
does not apply to the disclosure of information by an external government
agency.
[Section 39A inserted: No. 48 of 2020 s. 90;
amended: No. 47 of 2022 s. 35.]