sec.189BAccess to information for prescribed research

### sec.189B Access to information for prescribed research For the purpose of allowing a person to carry out prescribed research, the chief executive may authorise the person to have access to information relating to, or acquired in, the administration of this Act, including information from an officer of the department or a client. The chief executive may authorise the person to have access to the information only if the chief executive is satisfied— the information is reasonably necessary for the prescribed research; and the information will not be published in a way that could reasonably be expected to result in the identification of any of the individuals it relates to. Publishing the name of a small town or community in which a high profile case occurred could reasonably be expected to lead to identification of the individuals involved, even if the individuals’ names are not published. The chief executive may contact, or authorise the person to contact, a client to ask if they would like to participate in the research being carried out by the person. The chief executive may authorise the 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 impose any other conditions on the authorisation the chief executive considers appropriate. The person must comply with any condition imposed by the chief executive unless the person has a reasonable excuse. Maximum penalty—100 penalty units. In this section— client means any of the following persons— a child to whom this Act applies; a person who was a child to whom this Act applied; a member of the family of a person mentioned in paragraph (a) or (b) ; an approved carer; a person who was an approved carer. prescribed research means research carried out for any of the following purposes— a purpose the chief executive is satisfied is consistent with a function of the chief executive under section 7 ; evaluating interventions and services, or designing or projecting current and future interventions and services, in relation to children who are, or who have been, in need of protection or who may become in need of protection; deciding whether a department should make a payment under a funding arrangement that requires outcomes to be monitored, verified or evaluated. s 189B ins 2010 No. 33 s 84 sub 2017 No. 44 s 73 (sec.189B-ssec.1) For the purpose of allowing a person to carry out prescribed research, the chief executive may authorise the person to have access to information relating to, or acquired in, the administration of this Act, including information from an officer of the department or a client. (sec.189B-ssec.2) The chief executive may authorise the person to have access to the information only if the chief executive is satisfied— the information is reasonably necessary for the prescribed research; and the information will not be published in a way that could reasonably be expected to result in the identification of any of the individuals it relates to. Publishing the name of a small town or community in which a high profile case occurred could reasonably be expected to lead to identification of the individuals involved, even if the individuals’ names are not published. (sec.189B-ssec.3) The chief executive may contact, or authorise the person to contact, a client to ask if they would like to participate in the research being carried out by the person. (sec.189B-ssec.4) The chief executive may authorise the 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.189B-ssec.5) The chief executive may impose any other conditions on the authorisation the chief executive considers appropriate. (sec.189B-ssec.6) The person must comply with any condition imposed by the chief executive unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.189B-ssec.7) In this section— client means any of the following persons— a child to whom this Act applies; a person who was a child to whom this Act applied; a member of the family of a person mentioned in paragraph (a) or (b) ; an approved carer; a person who was an approved carer. prescribed research means research carried out for any of the following purposes— a purpose the chief executive is satisfied is consistent with a function of the chief executive under section 7 ; evaluating interventions and services, or designing or projecting current and future interventions and services, in relation to children who are, or who have been, in need of protection or who may become in need of protection; deciding whether a department should make a payment under a funding arrangement that requires outcomes to be monitored, verified or evaluated. - (a) the information is reasonably necessary for the prescribed research; and - (b) the information will not be published in a way that could reasonably be expected to result in the identification of any of the individuals it relates to. Example of details that could reasonably be expected to identify individuals— Publishing the name of a small town or community in which a high profile case occurred could reasonably be expected to lead to identification of the individuals involved, even if the individuals’ names are not published. - (a) a child to whom this Act applies; - (b) a person who was a child to whom this Act applied; - (c) a member of the family of a person mentioned in paragraph (a) or (b) ; - (d) an approved carer; - (e) a person who was an approved carer. - (a) a purpose the chief executive is satisfied is consistent with a function of the chief executive under section 7 ; - (b) evaluating interventions and services, or designing or projecting current and future interventions and services, in relation to children who are, or who have been, in need of protection or who may become in need of protection; - (c) deciding whether a department should make a payment under a funding arrangement that requires outcomes to be monitored, verified or evaluated.