44Prohibition on disclosing identifying information other than in accordance with a law

44 Prohibition on disclosing identifying information other than in accordance with a law

(1)  A person must not disclose any information that would enable the identification of a person who has notified the Regulator of –

(a) a reportable allegation or reportable conviction; or

(b) a concern that reportable conduct has occurred.

Penalty:  Fine not exceeding 120 penalty units.

(2)  A person must not disclose any information that would enable the identification of a child in relation to whom –

(a) a reportable allegation was made or a reportable conviction was notified under this Act; or

(b) a finding of reportable conduct was made under this Act.

Penalty:  Fine not exceeding 120 penalty units.

(3)  It is a defence to proceedings for an offence against subsection (2) if –

(a) the person disclosing the identifying information is the child to whom the identifying information relates; and

(b) the disclosing of the information by the person does not enable any other child to be identified in relation to that or any other matter under this Act.

(4)  A person must not disclose any information, during the period in which an investigation is being conducted, that would enable the identification of the person who is the subject of the investigation.

Penalty:  Fine not exceeding 120 penalty units.

(5)  Nothing in this section prevents a person –

(a) who is the head of an entity from disclosing information to a worker of the entity if the head reasonably believes that the disclosure is necessary or appropriate for –

(i) the purposes of this Act; or

(ii) the promotion of the safety and wellbeing of children; or

(b) from disclosing information if authorised or required to do so by this Act, another Act or a law; or

(c) from disclosing information to Tasmania Police or an equivalent authority of the Commonwealth, a State or a Territory.