Section 40 - Child and Youth Safe Organisations Act 2023 - Disclosure of information to and by Regulator, head of an entity, relevant entity, entity regulator, Tasmania Police, authorities of other jurisdictions, &c.

40 Disclosure of information to and by Regulator, head of an entity, relevant entity, entity regulator, Tasmania Police, authorities of other jurisdictions, &c.

(1) In this section –

contractor includes –

(a) a subcontractor; and

(b) an employee of the contractor; and

(c) an employee of a third-party employer;

third-party employer means an entity, other than a relevant entity, who engages a person to provide services to children on behalf of a relevant entity, including as a contractor.

(2) This section applies to information or documents in relation to the following matters:

(a) a failure to comply, or a concern that there has been a failure to comply, with the standards or the universal principle;

(b) a reportable allegation or reportable conviction;

(c) a concern or belief that reportable conduct has been committed;

(d) the investigation under Part 4 of a matter referred to in paragraphs (a) , (b) and (c) ;

(e) the findings, reasons for the findings, and the recommendations made, at the conclusion of that investigation;

(f) the action taken in response to those findings.

(3) Subject to subsection (4) , and despite any law to the contrary, each of the following persons and bodies may disclose the information or documents referred to in subsection (2) to the following persons or bodies:

(a) the Regulator;

(b) an entity regulator;

(c) the head of an entity;

(d) the Commissioner of Police or a commissioned police officer;

(e) if necessary for the purposes of an investigation, an independent investigator;

(f) the Registrar;

(g) the Chief Commissioner appointed under section 15 of the Integrity Commission Act 2009 ;

(h) a Minister of the Crown;

(i) the police authority of the Commonwealth, another State or a Territory;

(j) if the worker who is the subject of the reportable allegation or reportable conviction is a contractor, the head of each relevant entity with whom the worker is engaged as a contractor;

(k) a prescribed person or body, for a prescribed purpose or in relation to a prescribed matter, or a prescribed class of matters;

(l) a prescribed person or body, for a prescribed purpose or in relation to a prescribed matter, or a prescribed class of matters, if the information relates to the performance of a function conferred on the person or body by or under the laws of the Commonwealth, a State or a Territory.

(4) The disclosure of information or documents under subsection (3) must relate to one or more of the following:

(a) the purposes of the Act;

(b) the promotion of the safety and wellbeing of children;

(c) a prescribed purpose.

(5) Despite any law to the contrary, the head of an entity may disclose the information or documents referred to in subsection (2) to a worker of the entity if it is necessary or appropriate to do so for one or more of the following purposes:

(a) the purposes of the Act;

(b) the promotion of the safety and wellbeing of children;

(c) a prescribed purpose.

40Disclosure of information to and by Regulator, head of an entity, relevant entity, entity regulator, Tasmania Police, authorities of other jurisdictions, &c.

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40 Disclosure of information to and by Regulator, head of an entity, relevant entity, entity regulator, Tasmania Police, authorities of other jurisdictions, &c.