Child Safety (Prohibited Persons) Act 2016

Child-related work is defined in section 6(1) to include a wide range of services or activities: accommodation and residential services for children, services provided by religious organisations, childcare or child-minding services, child protection services, services provided by clubs and associations with significant child membership or involvement, coaching or tuition for children, commercial services provided directly to children, disability services, education, health, justice and detention services, transport services for children, and any other service or activity declared by the regulations to be child-related work. Excluded from the definition are services provided under an arrangement for a personal or domestic purpose, services where contact with children occurs incidentally or would not reasonably be expected, and services declared by the regulations not to be child-related work (section 6(1)(n)-(p)). A service or activity is not child-related work merely because a person employs a child or undertakes it in the same capacity as a child (section 6(1a)). A person works with children if they provide a child-related service or activity in the course of their employment, carry on a business where an employee works with children (whether or not the person themselves does), or provide any service declared by the regulations (section 6(3)).

Assessable information is defined in section 8(1) to include information about offences of which the person has been found guilty, offences with which the person has been charged, disciplinary proceedings in which the person was a defendant or respondent, disciplinary action taken, findings of misconduct, cancellation of foster parent approvals or approved carer approvals, notifications under child protection legislation, information about harm or risk of harm to a child held by the relevant administrative unit, information provided by the person for the purposes of a working with children check, and any other information declared by the regulations. This applies regardless of when the conviction, offence or conduct occurred, whether in South Australia or elsewhere, regardless of the outcome of charges, and even if an appeal is pending (section 8(2)).

Prescribed offence is defined in section 5(1) by reference to a long list of offences under the Criminal Law Consolidation Act 1935 (including murder, manslaughter, kidnapping, rape, sexual offences, incest, child exploitation offences, assault with intent), corresponding offences under previous South Australian law or under laws of other States or Territories, specific Commonwealth Criminal Code offences (including child sex offences, child pornography and child abuse material offences, both domestic and overseas), offences under the Customs Act 1901 relating to child pornography, conspiracies or attempts to commit such offences, aiding and abetting, and foreign equivalent offences. The regulations may declare certain offences to be excluded from the definition.

Prohibited person is defined in section 15(1): a person to whom a prohibition notice has been issued, a person prohibited from working with children under a Commonwealth or interstate law however described, and a person who has been found guilty of a prescribed offence committed as an adult. This applies regardless of when the offence was committed or the finding of guilt made (section 15(2)).

Prohibition notice is a notice issued under section 32 that prohibits the person from engaging in child-related work. It must contain the person’s full name, date of birth, unique identifier, date of issue and other prescribed information (section 32(2)). It remains in force until revoked under section 33.

Excluded person is defined in section 9. Excluded persons include members of South Australia Police or the Australian Federal Police, persons who believe on reasonable grounds they will work with children on not more than seven days in a calendar year (and have not yet exceeded that threshold), and any other class declared by the regulations (section 9(1)). However, certain persons are never excluded regardless: a person who is or has ever been a prohibited person, a person providing education or early childhood services under relevant Acts, and any other class prescribed by the regulations (section 9(2)). The seven-day exclusion does not apply if the person engages in overnight excursions or stays or close personal contact with children with disability (section 9(4)). The burden of proving excluded status lies on the person claiming it (section 9(6)).

Unique identifier is assigned by the central assessment unit to each applicant for a working with children check and each person issued a prohibition notice (section 29(1)). It is used to identify the person in the records management system.

Prescribed position is defined in section 5(1) as a position in which a person works or is likely to work with children, or any other position or class prescribed by the regulations. A position is taken to be one in which a person is likely to work with children if, in the ordinary course of duties, it is reasonably foreseeable that a person in that position will work with children (section 5(3)).

The Act affects a broad range of persons and entities. Individuals who work or intend to work with children are directly affected. This includes employees, self-employed persons, contractors, ministers of religion and those carrying out duties of a religious or spiritual vocation, persons undertaking practical training as part of an educational or vocational course, volunteers, and persons performing unpaid community work under a court order , all are treated as “employed” for the purposes of the Act (section 7). Any such person must not work with children unless a working with children check has been conducted within the preceding five years (section 16(1)). A person who is a prohibited person must not work with children (section 15(3)). Individuals must also notify the central assessment unit of certain changes in information, including becoming prohibited under another jurisdiction, becoming a registrable offender under the Child Sex Offenders Registration Act 2006, changes in assessable information, or changes of name (section 40). They must provide their full name and unique identifier to a parent or person responsible for a child if requested (section 44). They must not make false representations about their working with children check status (section 45).

Employers are heavily regulated. An employer must not employ a person in a prescribed position unless they have obtained the person’s name, address, date of birth and unique identifier, verified that a check has been conducted within the preceding five years and that the person is not prohibited, and provided the central assessment unit with the business address and contact details of the person who verified the matters (section 17). An employer must not continue to employ a person in a prescribed position unless a check has been conducted within the preceding five years, and must verify that every five years (section 18). An employer must notify the central assessment unit if it becomes aware of any assessable information about an employee, that the employee is prohibited under another jurisdiction, that the employee is or becomes a registrable offender under the Child Sex Offenders Registration Act 2006, or that the employee has made a disclosure to the employer under section 66 of that Act (section 19). These duties do not apply to excluded persons (sections 17(2), 18(3), 19(4)).

Parents and persons responsible for a child have the right to require any person performing child-related work to provide their full name and unique identifier (section 44(1)). The person must comply or verify they are not prohibited by electronic communication (section 44(2) and (3)).

Reporting bodies, defined as persons or bodies prescribed by the regulations, must notify the central assessment unit if they suspect a person poses an unacceptable risk to children, and must provide relevant information (section 39A(1)).

Courts and police have duties. A court that finds a person guilty of a prescribed offence or presumptive disqualification offence must ensure the prescribed information is provided to the central assessment unit (section 38). The Commissioner of Police must ensure information about charges for such offences is provided to the central assessment unit as soon as practicable after the person is charged (section 39). The Commissioner is also authorised to disclose police information for assessing risk to children (section 42B).

Public sector agencies must provide information to the central assessment unit when required by the Registrar (section 36). Any person or body may provide information that is reasonably believed to be relevant to the central assessment unit’s functions, without incurring civil or criminal liability if done in good faith and without negligence (section 42F).

Excluded persons (including police and low-volume workers on seven days or fewer per year) are not required to have a working with children check for the purposes of the prohibitions in sections 16, 17 and 18, but they still must not work with children if they are prohibited persons (section 15 applies to all persons, not just non-excluded persons). The Act carefully limits who qualifies as an excluded person, and the burden of proof is on the person claiming exclusion (section 9(6)).

Duties of individuals. A prohibited person must not work with children (section 15(3)). A person must not work with children unless a working with children check has been conducted within the preceding five years (section 16(1)). A person must not make false representations about whether a check has been conducted or whether they are prohibited (section 45). A person must not make false or misleading statements in information provided under the Act (section 46). A person who holds a unique identifier must notify the central assessment unit if they become prohibited under another jurisdiction, become a registrable offender under the Child Sex Offenders Registration Act 2006, make a section 66 disclosure to their employer, there is a change in assessable information (categories (a) to (f) of section 8(1)), or they change their name or use another name (section 40). That notification must be made as soon as reasonably practicable in the manner and form determined by the central assessment unit. A person must comply with a parent’s request for their full name and unique identifier (section 44). A person who has a working with children check conducted as a volunteer and later uses that check to work with children other than as a volunteer must pay the prescribed fee within 28 days, unless the fee is waived or they work less than seven days in any 12-month period (section 33A). A person must not victimise another person for providing information under the Act (section 50).

Duties of employers. Before employing a person in a prescribed position, an employer must obtain the person’s full name, address, date of birth and unique identifier; verify that a check has been conducted within the preceding five years and that the person is not prohibited; and provide to the central assessment unit the business name and address, telephone number and email address, and the name and contact details of the person who verified the matters (section 17). The employer must not continue to employ a person in a prescribed position unless a check has been conducted within the preceding five years (section 18(1)). The employer must verify that fact and the person’s non-prohibited status at least once every five years (section 18(2)). The employer must notify the central assessment unit if it becomes aware of assessable information about an employee, that the employee is prohibited under another jurisdiction, that the employee is or becomes a registrable offender, or that the employee has made a disclosure under section 66 of the Child Sex Offenders Registration Act 2006 (section 19). These duties do not apply to excluded persons.

Rights of individuals and employers. A person may apply for a working with children check (section 27). A person who receives a prohibition notice or is the subject of another reviewable decision may apply to the South Australian Civil and Administrative Tribunal for review within 14 days (or a longer period on special circumstances) (section 43). A prohibited person may apply for revocation of the prohibition notice if they can show the notice was issued in error or there is fresh and compelling information that would have materially affected the original determination, and the central assessment unit conducts a further check and determines the person is not to be prohibited (section 33). The central assessment unit may also revoke on its own motion. Any person may inspect the records management system without charge (section 35). The Registrar must correct incorrect entries (section 34(4)). A person can obtain evidence of their own unique identifier without charge (section 34(7)). The central assessment unit must take reasonable steps to notify each known employer if a person becomes prohibited, the five-year check period has elapsed, or the unique identifier changes (section 41). Similarly, the central assessment unit must notify prescribed persons or bodies of such matters (section 42).

The Act creates a number of criminal offences with specified maximum penalties. For a prohibited person working with children, the maximum penalty is $50,000 or imprisonment for one year (section 15(3)). For an employer employing or continuing to employ a prohibited person in a prescribed position, the maximum penalty is $50,000 or one year imprisonment for a natural person, and $120,000 for a body corporate (section 15(4)). Working with children without a current check attracts a penalty of $20,000 for a first or second offence, and $50,000 or one year imprisonment for a third or subsequent offence (section 16(1)). Employer failing to take steps before employing in a prescribed position: $50,000 (section 17(1)). Employer failing to ensure check within five years or failing to verify: $50,000 each (section 18). Employer failing to notify the central assessment unit of certain information: $25,000 (section 19). Individual failing to notify changes in information: $50,000 (section 40). Failing to provide name and unique identifier to a parent: $10,000 (section 44). False representation about a check or prohibition status: $50,000 or one year imprisonment (section 45). False or misleading statements in information provided under the Act: $20,000 (section 46). Breach of confidentiality: $20,000 (section 49). Victimisation (personally committing an act of victimisation): $20,000 (section 50(6)). Failure to pay fee where a volunteer takes up paid work: $5,000, with an expiation fee of $315 (section 33A). Failure to comply with a notice from the Registrar requiring information from a person: $50,000 (section 37).

The Act includes special evidentiary provisions to facilitate enforcement. In offence proceedings, an allegation that a check had or had not been conducted, that a prohibition notice had or had not been issued, or that a unique identifier had or had not been issued, must be accepted as proved in the absence of evidence to the contrary (section 52(1)). Similarly, a document apparently signed by the Registrar certifying such matters must be accepted in disciplinary proceedings in the absence of evidence to the contrary (section 52(2)). An extract of the records management system apparently signed by the Registrar must be accepted in any legal or disciplinary proceeding (section 52(3)).

The Crown is bound by the Act and is liable for an offence, with the penalty applicable to a body corporate (section 13). Prosecutions for victimisation may only be commenced by a police officer or a person approved by the Commissioner of Police or Director of Public Prosecutions (section 50(7)). The limitation of liability provision protects the central assessment unit, the Registrar, other persons exercising powers under the Act, and the Crown, from civil or criminal liability for acts or omissions in good faith in the exercise or purported exercise of powers or duties under the Act (section 48). The secrecy obligations are displaced: no obligation to maintain secrecy applies to disclosure of information to the central assessment unit, except obligations designed to keep the identity of an informant secret (section 47).

The Act expressly overrides or modifies other legislation. The State Records Act 1997 does not apply to information obtained or held by the central assessment unit or the Registrar under this Act (section 12(1)). The Spent Convictions Act 2009 and corresponding laws are excluded: the fact that an offence becomes spent does not affect its status as a prescribed offence or presumptive disqualification offence, nor does it prevent the offence from being taken into account in a working with children check (section 12(2)). The Act states that it is otherwise in addition to, and does not derogate from, any other Act or law (section 12(3)). This means existing duties under child protection law, occupational health and safety law, and other screening schemes continue to apply.

The Act interacts specifically with the Criminal Law Consolidation Act 1935 and the Criminal Code of the Commonwealth by defining prescribed offences by reference to those laws. A finding of guilt under Part 8A of the Criminal Law Consolidation Act (mental competence provisions) is included within the meaning of being found guilty (section 5(2)). The Child Sex Offenders Registration Act 2006 is referenced in the notification duties of both employers (section 19(1)(c) and (d)) and individuals (section 40(1)(b) and (c)). The Act also interfaces with the Family and Community Services Act 1972 and the Children and Young People (Safety) Act 2017 regarding cancellations of foster parent approvals and carer approvals as assessable information (section 8(1)(f) and (fa)). The Disability Inclusion Act 2018 assigns screening functions to the central assessment unit (section 21(1)(da)).

The Act provides extensive information-sharing powers that override other laws. The central assessment unit may receive and disclose information to other jurisdictions for screening purposes (section 42A). The Commissioner of Police is authorised to disclose police information for use in assessing risk (section 42B). The central assessment unit may disclose information about offences to law enforcement agencies (section 42C), may disclose information to prevent harm to a child (section 42D), may disclose for research or auditing purposes (section 42E), may disclose for entry in a national register or database (section 42G). Any person or body (including public sector employees) may provide information to the central assessment unit if they reasonably believe it is relevant, without incurring civil or criminal liability (section 42F).

The Act does not require procedural fairness to be provided by the central assessment unit or the Registrar except as required by the regulations (section 11). This interacts with general administrative law principles under the common law and the South Australian Civil and Administrative Tribunal Act. The Act confers jurisdiction on SACAT for review of reviewable decisions (section 43). The Act binds the Crown in all its capacities (section 13(1)), which overrides any presumption of Crown immunity.

The Child Safety (Prohibited Persons) Act 2016 was assented to on 10 November 2016 and came into operation on 1 July 2019 (by proclamation published 17 January 2019). The Act has been amended by four subsequent Acts. The Children’s Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (Act 64 of 2017) amended the definition of “prescribed offence” in section 5(1), and made amendments to section 8(1) regarding assessable information related to the new Children and Young People (Safety) Act 2017. Those amendments commenced 1 July 2019. The transitional provisions from that Act are extensive, covering recognition of prior assessments of relevant history, exemptions for existing teachers, health practitioners, foster parents, emergency service workers, and others (sections 5-17 of the transitional schedule). Those transitional provisions expired at the end of the transitional period.

The Statutes Amendment (Screening) Act 2019 (Act 9 of 2019) made substantial amendments that commenced 1 July 2019. It inserted section 6(1a) clarifying that child-related work is not established merely by employing a child or acting in the same capacity as a child. It deleted paragraphs (a) and (b) of section 9(1) (which had previously excluded certain persons). It amended section 12(2) to update references to presumptive disqualification offences. It inserted section 21(1)(da) giving the central assessment unit functions under the Disability Inclusion Act 2018. It inserted section 26A creating a presumption of unacceptable risk for persons found guilty of a presumptive disqualification offence, and placed an onus on such persons to satisfy the central assessment unit that the offence should be disregarded or that exceptional circumstances exist. It inserted section 33A imposing a fee obligation on volunteers who later take up paid work. It amended section 34(2) regarding the records management system. It substituted section 39 to require the Commissioner of Police to provide information about charges for prescribed offences and presumptive disqualification offences. It inserted section 39A requiring reporting bodies to notify the central assessment unit of suspicions of unacceptable risk. It inserted Part 5 Division 5 (sections 42A-42G) covering information sharing. It also amended section 53(2) regarding regulation-making powers.

The Criminal Law Consolidation (Mental Competence) Amendment Act 2025 (Act 12 of 2025) amended section 5(2) to update references to Part 8A of the Criminal Law Consolidation Act relating to objective elements findings. That amendment commenced 14 July 2025. The Children and Young People (Safety and Support) Act 2025 (Act 25 of 2025) is scheduled to amend section 8(1) but those amendments are uncommenced as of the text provided.

The Act itself does not record or refer to any specific litigation. The only litigation mechanism expressly provided is review by the South Australian Civil and Administrative Tribunal (SACAT) under section 43. Reviewable decisions are: a decision of the central assessment unit to issue or revoke a prohibition notice, and any other decision under the Act of a kind declared by the regulations to be reviewable (section 43(4)). An application for review must be made within 14 days after the applicant receives notice of the decision, or such longer period as the Tribunal may allow (section 43(2)). The Tribunal may only allow an extension if satisfied that special circumstances exist and that another party will not be unreasonably disadvantaged (section 43(3)). The Act does not specify what further appeal rights exist from SACAT decisions; those would be governed by the South Australian Civil and Administrative Tribunal Act. There is no express provision for judicial review in the Act, but general principles of administrative law (such as review for jurisdictional error) would still apply. The Act’s statement that neither the central assessment unit nor the Registrar are required to provide procedural fairness (section 11) could be a source of litigation if a person argues that the regulations nevertheless require some procedural fairness or that the duty arises from the common law despite the provision. The criminal intelligence provisions (section 10) may also be litigated: the central assessment unit is not required to provide grounds or reasons other than that it would be contrary to the public interest to allow the person to work with children, and the court must take steps to maintain confidentiality of criminal intelligence on the application of the Commissioner of Police. This could be challenged on natural justice grounds, though the Act is explicit about displacing procedural fairness. The presumption of unacceptable risk for presumptive disqualification offences (section 26A) may be litigated regarding what constitutes “exceptional circumstances” and when an offence should be disregarded. The evidentiary provisions (section 52) may be tested as to whether they are properly applied in criminal proceedings. The victimisation provisions (section 50) create both a tort and an offence, and litigation may arise in employment contexts. The limitation of liability provision (section 48) may be argued in cases of alleged negligence. As a relatively new Act (commenced 2019), the volume of reported decisions is likely still developing.

Several provisions in the Act contain traps for the unwary. No procedural fairness is required. Except as the regulations may provide, neither the central assessment unit nor the Registrar are required to give procedural fairness when exercising powers or performing functions under the Act (section 11). This means a person may be prohibited without any hearing or opportunity to respond, subject only to what the regulations might later prescribe. Criminal intelligence grounds can be used to prohibit a person with no stated reasons: the central assessment unit need only state that it would be contrary to the public interest to allow the person to work with children (section 10(1)). The court must protect the confidentiality of such intelligence, even hearing argument in private in the absence of the parties (section 10(2)). Application cannot be withdrawn. Even if an applicant withdraws an application for a working with children check, the central assessment unit must still conduct the check (section 28). The Act continues to apply as if the application had not been withdrawn. Presumption of unacceptable risk. A person found guilty of a presumptive disqualification offence (defined by the regulations) is presumed to pose an unacceptable risk to children. The central assessment unit need not consider any further information and must determine the person is to be prohibited unless the person satisfies the unit that the circumstances of the offence should be disregarded or that exceptional circumstances exist (section 26A). This reverses the usual onus. The definition of presumptive disqualification offence excludes prescribed offences but will be set out in regulations. Spent convictions are not spent for this Act. The Spent Convictions Act 2009 does not prevent an offence from being a prescribed offence or presumptive disqualification offence, nor does it prevent the offence from being taken into account in a check (section 12(2)). Old offences can lead to prohibition. Prohibition notice remains in force until revoked. There is no automatic expiry. A person who has been prohibited may only apply for revocation every five years (section 33(3)), and must show the notice was issued in error or there is fresh and compelling information, plus a further check must result in a non-prohibition determination (section 33(1)). Volunteer to paid worker fee. A person who obtains a working with children check as a volunteer (paying no fee) and later uses that check to work with children for pay must pay the prescribed fee within 28 days of commencing paid work, unless the fee is waived or they work fewer than seven paid days in any 12-month period (section 33A). Failure is an offence with a $5,000 penalty and a $315 expiation fee. Excluded person traps. The seven-day exclusion (section 9(3)) only applies if the person believes on reasonable grounds they will not work with children on more than seven days in a calendar year. It ceases to apply if they exceed that. It does not apply if the work involves overnight stays or close personal contact with children with disability (section 9(4)). The onus of proof that one is an excluded person lies entirely on the person claiming it (section 9(6)). Employer notification duties. An employer must notify the central assessment unit if the employer becomes aware of any assessable information about an employee (section 19(1)(a)). This is broad and includes information that relates to charges, findings, disciplinary action, misconduct, even if the outcome is not final. Failure is an offence with a $25,000 penalty. Individual notification duties. A person with a unique identifier must notify the central assessment unit of a change in assessable information, including offences found, charged, disciplinary proceedings, etc. (section 40). This is a continuing obligation after the check is conducted. False representation. It is an offence to falsely represent that a working with children check has or has not been conducted within the preceding five years, or that a person is or is not prohibited (section 45). This applies to representing about oneself or another person. Reversal of onus. In legal proceedings, the court must accept allegations about check status, prohibition notices, and unique identifiers as proved unless there is evidence to the contrary (section 52). This is a significant evidentiary advantage for the prosecution. Crown liability. The Crown is bound and may be criminally liable with penalties applicable to a body corporate (section 13). This includes government departments and agencies.

Compliance must be a continuous process, not a one-off event. The Act imposes parallel obligations on individuals who work with children and on employers who employ them in prescribed positions. For individuals: First, determine whether you are an excluded person under section 9. Even if you believe you will work on fewer than seven days a year, you bear the onus of proving that if challenged. If you are not excluded, you must apply to the central assessment unit for a working with children check (section 27). The application must be in the prescribed form, accompanied by required information and the prescribed fee. Once the check is completed, you will receive a unique identifier (section 29). You must not work with children if you are a prohibited person (section 15). You must also not work with children if more than five years have passed since your last check (section 16). You must keep track of the five-year period. You must notify the central assessment unit as soon as reasonably practicable if any of the events in section 40 occur: if you become prohibited under another jurisdiction, become a registrable offender under the Child Sex Offenders Registration Act 2006, make a disclosure to your employer under section 66 of that Act, if there is a change in assessable information (offences, charges, disciplinary matters), or if you change your name or use another name. Keep records of your unique identifier and your check status. If you are a volunteer and later take up paid work using the same check, pay the fee within 28 days (section 33A). If you are issued a prohibition notice, you must stop working with children immediately. You may apply for revocation after five years, or earlier if the central assessment unit agrees, but the grounds are limited (section 33). If you are dissatisfied with a decision, seek review at SACAT within 14 days (section 43).

For employers: First, determine if a position is a prescribed position. That includes any position where the person works or is likely to work with children; if it is reasonably foreseeable that a person in that position will work with children in the ordinary course of duties, it is a prescribed position (section 5(3)). For each prospective employee in such a position, before hiring you must obtain their full name, address, date of birth and unique identifier (section 17). You must then verify with the central assessment unit (in accordance with the regulations) that a check has been conducted within the preceding five years and that the person is not prohibited. You must also provide to the central assessment unit the business name, address, telephone number, email address, and the name and contact details of the person who did the verification. Do not rely on the employee’s word alone; use the records management system or other means prescribed. After hiring, you must ensure that a check is conducted at least every five years and verify that fact and the person’s non-prohibited status at least once every five years (section 18). Set up a calendar reminder or automated system. You must also be vigilant for any reportable information: if you become aware of any assessable information about an employee (anything in section 8(1) categories), or that the employee is prohibited under another jurisdiction, or becomes a registrable offender under the Child Sex Offenders Registration Act 2006, or makes a disclosure under section 66 of that Act, you must notify the central assessment unit as soon as reasonably practicable (section 19). This requires training managers and HR to recognise assessable information. Maintain a culture of reporting. Develop comprehensive strategies to ensure child safe environments (section 3(4)(e) principle). While a working with children check is an important tool, the Act expressly states it does not replace the employer’s obligation to ensure a safe workplace (section 3(4)(d)). The check is not a determination of suitability and cannot be relied on as proof of good character (section 3(4)(c)). You should not rely solely on the check but should conduct your own risk assessments and have policies and procedures in place. If you are an employer in a sector that has its own professional registration (e.g., teachers, health practitioners), remember the transitional provisions have expired; you must now comply fully with this Act. If the employee is an excluded person (e.g., police or someone who will work on seven days or fewer and meets the exclusion criteria, and is not otherwise carved out), the employer duties for pre-employment checks and five-year verification do not apply. However, the individual still must not be a prohibited person, and you should still ensure they are not working in a way that triggers the exclusion limits (e.g., overnight stays). Keep records of all verifications and notifications. The Act’s evidentiary provisions (section 52) mean that if you are prosecuted, the court will accept the central assessment unit’s records as proof unless you have evidence to the contrary. Therefore, maintain your own independent verification records. If you are unsure whether a person is an excluded person, treat them as non-excluded. Seek legal advice if needed. Lastly, ensure compliance with the information-sharing and confidentiality provisions: do not disclose information obtained under the Act except for permitted purposes (section 49), but also do not impose secrecy obligations that would prevent disclosure to the central assessment unit (section 47).