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Care and Protection of Children Act 2007
308Offence to disclose certain information
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308 Offence to disclose certain information
(1) A person commits an offence if:
(a) the person obtains information in the course of performing a
function connected with the administration of this Act or
exercising a power under this Act; and
(b) the information is confidential and the person is reckless in
relation to that circumstance; and
(c) the person intentionally engages in conduct; and
(d) the conduct results in the disclosure of the information and the
disclosure is not:
(i) required or authorised under an Act; or
(ii) for a purpose connected with the administration of this
Act, including a legal proceeding arising out of the
operation of this Act; or
(iii) to a person who is otherwise entitled to the information;
and
(e) the person is reckless in relation to the result and
circumstance referred to in paragraph (d).
(2) Strict liability applies to subsection (1)(a).
(3) If the information referred to in subsection (1) relates to one or more
persons, it is a defence to a prosecution for an offence against that
subsection if each person to whom the information relates has
consented to the disclosure of the information.
Note for subsection (3)
In addition to the circumstances mentioned in this section, a person who
discloses information mentioned in this section will not be criminally responsible
for an offence if the disclosure is justified or excused by or under a law (see
section 43BE of the Criminal Code).