sec.188CChief executive may give information about third parties

### sec.188C Chief executive may give information about third parties This section applies to information, in the chief executive’s possession or control, that is— about a relevant person; and also about someone else. Subject to subdivision 1 , the chief executive may disclose the information to the relevant person. For the disclosure of information that is only about the relevant person, see section 187 (4) . However, the chief executive must not disclose the information to the relevant person if— the chief executive reasonably believes the disclosure of the information is likely to adversely affect the safety or psychological or emotional wellbeing of any person; or the information— is the subject of legal professional privilege; or identifies, or is likely to identify, its source and the identification of the source is likely to prejudice the achievement of the purposes of this Act; or is a record of confidential therapeutic counselling, and the person to whom it relates does not consent to its disclosure; or the disclosure of the information could reasonably be expected to— prejudice the investigation of a contravention or possible contravention of a law in a particular case; or prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; or enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained. The chief executive may authorise the relevant person to use or disclose the information, or give access to the information, to someone else. Under section 188 , the person must not use, disclose or give access to the information unless it is authorised by the chief executive under this section. The chief executive may disclose the information subject to any other conditions the chief executive considers appropriate. In this section— relevant person means— a child in care; or a person who was in care under this Act or the repealed Children’s Services Act 1965 ; or a person who was a State child under the repealed State Children Act 1911 . s 188C ins 2017 No. 44 s 71 amd 2022 No. 7 s 132 sch 1 (sec.188C-ssec.1) This section applies to information, in the chief executive’s possession or control, that is— about a relevant person; and also about someone else. (sec.188C-ssec.2) Subject to subdivision 1 , the chief executive may disclose the information to the relevant person. For the disclosure of information that is only about the relevant person, see section 187 (4) . (sec.188C-ssec.3) However, the chief executive must not disclose the information to the relevant person if— the chief executive reasonably believes the disclosure of the information is likely to adversely affect the safety or psychological or emotional wellbeing of any person; or the information— is the subject of legal professional privilege; or identifies, or is likely to identify, its source and the identification of the source is likely to prejudice the achievement of the purposes of this Act; or is a record of confidential therapeutic counselling, and the person to whom it relates does not consent to its disclosure; or the disclosure of the information could reasonably be expected to— prejudice the investigation of a contravention or possible contravention of a law in a particular case; or prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; or enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained. (sec.188C-ssec.4) The chief executive may authorise the relevant person to use or disclose the information, or give access to the information, to someone else. Under section 188 , the person must not use, disclose or give access to the information unless it is authorised by the chief executive under this section. (sec.188C-ssec.5) The chief executive may disclose the information subject to any other conditions the chief executive considers appropriate. (sec.188C-ssec.6) In this section— relevant person means— a child in care; or a person who was in care under this Act or the repealed Children’s Services Act 1965 ; or a person who was a State child under the repealed State Children Act 1911 . - (a) about a relevant person; and - (b) also about someone else. - (a) the chief executive reasonably believes the disclosure of the information is likely to adversely affect the safety or psychological or emotional wellbeing of any person; or - (b) the information— (i) is the subject of legal professional privilege; or (ii) identifies, or is likely to identify, its source and the identification of the source is likely to prejudice the achievement of the purposes of this Act; or (iii) is a record of confidential therapeutic counselling, and the person to whom it relates does not consent to its disclosure; or - (i) is the subject of legal professional privilege; or - (ii) identifies, or is likely to identify, its source and the identification of the source is likely to prejudice the achievement of the purposes of this Act; or - (iii) is a record of confidential therapeutic counselling, and the person to whom it relates does not consent to its disclosure; or - (c) the disclosure of the information could reasonably be expected to— (i) prejudice the investigation of a contravention or possible contravention of a law in a particular case; or (ii) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; or (iii) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained. - (i) prejudice the investigation of a contravention or possible contravention of a law in a particular case; or - (ii) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; or - (iii) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained. - (i) is the subject of legal professional privilege; or - (ii) identifies, or is likely to identify, its source and the identification of the source is likely to prejudice the achievement of the purposes of this Act; or - (iii) is a record of confidential therapeutic counselling, and the person to whom it relates does not consent to its disclosure; or - (i) prejudice the investigation of a contravention or possible contravention of a law in a particular case; or - (ii) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; or - (iii) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained. - (a) a child in care; or - (b) a person who was in care under this Act or the repealed Children’s Services Act 1965 ; or - (c) a person who was a State child under the repealed State Children Act 1911 .