sec.187Confidentiality of information obtained by persons involved in administration of Act

### sec.187 Confidentiality of information obtained by persons involved in administration of Act This section applies to a person who— is or has been— a public service employee, a person engaged by the chief executive, or a police officer, performing functions under or in relation to the administration of this Act; or a licensee or the executive officer of a corporation that is a licensee; or a person employed or engaged by a licensee to perform functions under or in relation to the administration of this Act; or an approved carer or other person in whose care a child has been placed under this Act; or a member of, or person employed or engaged by, a recognised Aboriginal or Torres Strait Islander agency; or a recognised entity or member of a recognised entity; or a person attending a case planning meeting or participating in another way in the development of a child’s case plan; or a person participating in the revision of a child’s case plan; or a member of the SCAN system, or a representative of a member, performing functions under or in relation to chapter 5A , part 3 ; or a prescribed entity, or person engaged by a prescribed entity, performing functions under or in relation to chapter 5A , part 4 ; or an independent Aboriginal or Torres Strait Islander entity for an Aboriginal or Torres Strait Islander child, or a member of the entity; or a service provider, or person engaged by a service provider, performing functions under or in relation to chapter 5A , part 4 ; or a prescribed delegate for an Aboriginal or Torres Strait Islander child; or a person given information about a child by the chief executive under section 148BI ; or a person allowed to view a document or information under section 113 ; and in that capacity acquired information about another person’s affairs or has access to, or custody of, a document about another person’s affairs. The person must not use or disclose the information, or give access to the document, to anyone else. Maximum penalty—100 penalty units or 2 years imprisonment. However, the person may, subject to subdivision 1 , use or disclose the information or give access to the document to someone else— to the extent necessary to perform the person’s functions under or in relation to this Act; or if the use, disclosure or giving of access is for purposes related to a child’s protection or wellbeing; or An approved carer in whose care a child has been placed under this Act may disclose relevant information about the child to a person, including, for example, a school teacher or member of the carer’s immediate family, to help the person understand and meet the child’s needs. if the use, disclosure or giving of access— relates to the chief executive’s function of cooperating with government entities that have a function relating to the protection of children or that provide services to children in need of protection or their families; or is for the performance by the chief executive (adoptions) of his or her functions under the Adoption Act 2009 ; or is otherwise required or permitted under this Act (including, for example, this division or chapter 5A , part 4 ) or another law; or to the extent necessary to protect a person from a serious and imminent risk to the person’s safety or health; or if the person to whom the information relates— is, or becomes, an adult; and consents in writing to the use, disclosure or giving of access. Also, the person may disclose the information or give access to the document— to another person, to the extent that the information or document is about the other person; or to the chief executive or an authorised officer, to enable the proper administration of chapter 4 . For the disclosure of information that is about the person and a third party, see section 188C . To remove any doubt, it is declared that a person participating in the development, implementation or revision of a child’s case plan under this Act is performing a function under this Act. In this section— recognised entity means a recognised entity under this Act before the commencement of the Child Protection Reform Amendment Act 2017 , section 78 . s 187 sub 2004 No. 36 s 27 amd 2005 No. 40 s 63 ; 2009 No. 29 s 364 ; 2010 No. 33 s 81 ; 2016 No. 24 s 28 ; 2017 No. 44 s 68 ; 2022 No. 7 ss 62 , 132 sch 1 (sec.187-ssec.1) This section applies to a person who— is or has been— a public service employee, a person engaged by the chief executive, or a police officer, performing functions under or in relation to the administration of this Act; or a licensee or the executive officer of a corporation that is a licensee; or a person employed or engaged by a licensee to perform functions under or in relation to the administration of this Act; or an approved carer or other person in whose care a child has been placed under this Act; or a member of, or person employed or engaged by, a recognised Aboriginal or Torres Strait Islander agency; or a recognised entity or member of a recognised entity; or a person attending a case planning meeting or participating in another way in the development of a child’s case plan; or a person participating in the revision of a child’s case plan; or a member of the SCAN system, or a representative of a member, performing functions under or in relation to chapter 5A , part 3 ; or a prescribed entity, or person engaged by a prescribed entity, performing functions under or in relation to chapter 5A , part 4 ; or an independent Aboriginal or Torres Strait Islander entity for an Aboriginal or Torres Strait Islander child, or a member of the entity; or a service provider, or person engaged by a service provider, performing functions under or in relation to chapter 5A , part 4 ; or a prescribed delegate for an Aboriginal or Torres Strait Islander child; or a person given information about a child by the chief executive under section 148BI ; or a person allowed to view a document or information under section 113 ; and in that capacity acquired information about another person’s affairs or has access to, or custody of, a document about another person’s affairs. (sec.187-ssec.2) The person must not use or disclose the information, or give access to the document, to anyone else. Maximum penalty—100 penalty units or 2 years imprisonment. (sec.187-ssec.3) However, the person may, subject to subdivision 1 , use or disclose the information or give access to the document to someone else— to the extent necessary to perform the person’s functions under or in relation to this Act; or if the use, disclosure or giving of access is for purposes related to a child’s protection or wellbeing; or An approved carer in whose care a child has been placed under this Act may disclose relevant information about the child to a person, including, for example, a school teacher or member of the carer’s immediate family, to help the person understand and meet the child’s needs. if the use, disclosure or giving of access— relates to the chief executive’s function of cooperating with government entities that have a function relating to the protection of children or that provide services to children in need of protection or their families; or is for the performance by the chief executive (adoptions) of his or her functions under the Adoption Act 2009 ; or is otherwise required or permitted under this Act (including, for example, this division or chapter 5A , part 4 ) or another law; or to the extent necessary to protect a person from a serious and imminent risk to the person’s safety or health; or if the person to whom the information relates— is, or becomes, an adult; and consents in writing to the use, disclosure or giving of access. (sec.187-ssec.4) Also, the person may disclose the information or give access to the document— to another person, to the extent that the information or document is about the other person; or to the chief executive or an authorised officer, to enable the proper administration of chapter 4 . For the disclosure of information that is about the person and a third party, see section 188C . (sec.187-ssec.5) To remove any doubt, it is declared that a person participating in the development, implementation or revision of a child’s case plan under this Act is performing a function under this Act. (sec.187-ssec.6) In this section— recognised entity means a recognised entity under this Act before the commencement of the Child Protection Reform Amendment Act 2017 , section 78 . - (a) is or has been— (i) a public service employee, a person engaged by the chief executive, or a police officer, performing functions under or in relation to the administration of this Act; or (ii) a licensee or the executive officer of a corporation that is a licensee; or (iii) a person employed or engaged by a licensee to perform functions under or in relation to the administration of this Act; or (iv) an approved carer or other person in whose care a child has been placed under this Act; or (v) a member of, or person employed or engaged by, a recognised Aboriginal or Torres Strait Islander agency; or (vi) a recognised entity or member of a recognised entity; or (vii) a person attending a case planning meeting or participating in another way in the development of a child’s case plan; or (viii) a person participating in the revision of a child’s case plan; or (ix) a member of the SCAN system, or a representative of a member, performing functions under or in relation to chapter 5A , part 3 ; or (x) a prescribed entity, or person engaged by a prescribed entity, performing functions under or in relation to chapter 5A , part 4 ; or (xi) an independent Aboriginal or Torres Strait Islander entity for an Aboriginal or Torres Strait Islander child, or a member of the entity; or (xii) a service provider, or person engaged by a service provider, performing functions under or in relation to chapter 5A , part 4 ; or (xiii) a prescribed delegate for an Aboriginal or Torres Strait Islander child; or (xiv) a person given information about a child by the chief executive under section 148BI ; or (xv) a person allowed to view a document or information under section 113 ; and - (i) a public service employee, a person engaged by the chief executive, or a police officer, performing functions under or in relation to the administration of this Act; or - (ii) a licensee or the executive officer of a corporation that is a licensee; or - (iii) a person employed or engaged by a licensee to perform functions under or in relation to the administration of this Act; or - (iv) an approved carer or other person in whose care a child has been placed under this Act; or - (v) a member of, or person employed or engaged by, a recognised Aboriginal or Torres Strait Islander agency; or - (vi) a recognised entity or member of a recognised entity; or - (vii) a person attending a case planning meeting or participating in another way in the development of a child’s case plan; or - (viii) a person participating in the revision of a child’s case plan; or - (ix) a member of the SCAN system, or a representative of a member, performing functions under or in relation to chapter 5A , part 3 ; or - (x) a prescribed entity, or person engaged by a prescribed entity, performing functions under or in relation to chapter 5A , part 4 ; or - (xi) an independent Aboriginal or Torres Strait Islander entity for an Aboriginal or Torres Strait Islander child, or a member of the entity; or - (xii) a service provider, or person engaged by a service provider, performing functions under or in relation to chapter 5A , part 4 ; or - (xiii) a prescribed delegate for an Aboriginal or Torres Strait Islander child; or - (xiv) a person given information about a child by the chief executive under section 148BI ; or - (xv) a person allowed to view a document or information under section 113 ; and - (b) in that capacity acquired information about another person’s affairs or has access to, or custody of, a document about another person’s affairs. - (i) a public service employee, a person engaged by the chief executive, or a police officer, performing functions under or in relation to the administration of this Act; or - (ii) a licensee or the executive officer of a corporation that is a licensee; or - (iii) a person employed or engaged by a licensee to perform functions under or in relation to the administration of this Act; or - (iv) an approved carer or other person in whose care a child has been placed under this Act; or - (v) a member of, or person employed or engaged by, a recognised Aboriginal or Torres Strait Islander agency; or - (vi) a recognised entity or member of a recognised entity; or - (vii) a person attending a case planning meeting or participating in another way in the development of a child’s case plan; or - (viii) a person participating in the revision of a child’s case plan; or - (ix) a member of the SCAN system, or a representative of a member, performing functions under or in relation to chapter 5A , part 3 ; or - (x) a prescribed entity, or person engaged by a prescribed entity, performing functions under or in relation to chapter 5A , part 4 ; or - (xi) an independent Aboriginal or Torres Strait Islander entity for an Aboriginal or Torres Strait Islander child, or a member of the entity; or - (xii) a service provider, or person engaged by a service provider, performing functions under or in relation to chapter 5A , part 4 ; or - (xiii) a prescribed delegate for an Aboriginal or Torres Strait Islander child; or - (xiv) a person given information about a child by the chief executive under section 148BI ; or - (xv) a person allowed to view a document or information under section 113 ; and - (a) to the extent necessary to perform the person’s functions under or in relation to this Act; or - (b) if the use, disclosure or giving of access is for purposes related to a child’s protection or wellbeing; or Example— An approved carer in whose care a child has been placed under this Act may disclose relevant information about the child to a person, including, for example, a school teacher or member of the carer’s immediate family, to help the person understand and meet the child’s needs. - (c) if the use, disclosure or giving of access— (i) relates to the chief executive’s function of cooperating with government entities that have a function relating to the protection of children or that provide services to children in need of protection or their families; or (ii) is for the performance by the chief executive (adoptions) of his or her functions under the Adoption Act 2009 ; or (iii) is otherwise required or permitted under this Act (including, for example, this division or chapter 5A , part 4 ) or another law; or - (i) relates to the chief executive’s function of cooperating with government entities that have a function relating to the protection of children or that provide services to children in need of protection or their families; or - (ii) is for the performance by the chief executive (adoptions) of his or her functions under the Adoption Act 2009 ; or - (iii) is otherwise required or permitted under this Act (including, for example, this division or chapter 5A , part 4 ) or another law; or - (d) to the extent necessary to protect a person from a serious and imminent risk to the person’s safety or health; or - (e) if the person to whom the information relates— (i) is, or becomes, an adult; and (ii) consents in writing to the use, disclosure or giving of access. - (i) is, or becomes, an adult; and - (ii) consents in writing to the use, disclosure or giving of access. - (i) relates to the chief executive’s function of cooperating with government entities that have a function relating to the protection of children or that provide services to children in need of protection or their families; or - (ii) is for the performance by the chief executive (adoptions) of his or her functions under the Adoption Act 2009 ; or - (iii) is otherwise required or permitted under this Act (including, for example, this division or chapter 5A , part 4 ) or another law; or - (i) is, or becomes, an adult; and - (ii) consents in writing to the use, disclosure or giving of access. - (a) to another person, to the extent that the information or document is about the other person; or - (b) to the chief executive or an authorised officer, to enable the proper administration of chapter 4 .