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Care and Protection of Children Act 2007
232Restriction on use or disclosure of information
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232 Restriction on use or disclosure of information
(1) The CEO must not use or disclose data obtained under a data
access agreement unless the use or disclosure is permitted under
the data access agreement.
(2) Despite the terms of any data access agreement, the CEO may
disclose data obtained under a data access agreement if the
disclosure is required or authorised by law.
(3) Despite the terms of a data access agreement, a data provider may
refuse to give the CEO data under the agreement if:
(a) the data provider reasonably believes that giving the data
could:
(i) prejudice the investigation of a contravention (or
possible contravention) of a law in force in the Territory;
or
(ii) prejudice a coronial inquest or inquiry; or
(iii) prejudice any proceedings in a court or tribunal; or
(iv) contravene any legal professional or client legal
privilege; or
Care and Protection of Children Act 2007 141
(v) enable the existence or identity of a confidential source
of information in relation to the enforcement or
administration of a law to be ascertained; or
(vi) endanger a person's life or physical safety; or
(vii) prejudice the effectiveness of a lawful method or
procedure for preventing, detecting, investigating or
dealing with a contravention or possible contravention of
a law in force in the Territory; or
(b) a circumstance prescribed by regulation exists in relation to
the data.
(4) The data provider must give the CEO written reasons for refusing to
give data under subsection (3).