Child Wellbeing and Safety Act 2005
40Definitions
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40 Definitions
S. 40 def. of exempt information inserted by No. 23/2021 s. 39(2).
exempt information means information, including but not limited to protected information, the use or disclosure of which could be reasonably expected to—
(a) endanger a person's life or result in physical injury; or
(b) prejudice the investigation of a breach or possible breach of the law, or prejudice the enforcement or proper administration of the law, in a particular instance; or
(c) prejudice a coronial inquest or inquiry; or
(d) prejudice the fair trial of a person or the impartial adjudication of a particular case; or
(e) disclose, or enable a person to ascertain, the identity of a confidential source of information in relation to the enforcement or administration of the law; or
(f) contravene a court order or a provision made by or under this Act or any other Act that—
(i) prohibits or restricts, or authorises a court or tribunal to prohibit or restrict, the publication or other disclosure of information for or in connection with any proceeding; or
(ii) requires or authorises a court or tribunal to close any proceeding to the public;
S. 40 def. of exempt integrated sector regulator inserted. by No. 23/2021 s. 39(2).
exempt integrated sector regulator means an integrated sector regulator that is prescribed not to be a relevant person;
S. 40 def. of privilege information inserted by No. 23/2021 s. 39(2).
privilege information means information, including but not limited to protected information, the use or disclosure of which could be reasonably expected to disclose the contents of a document, or a communication, that is of such a nature that the contents of the document, or the communication, would be privileged from production in legal proceedings on the ground of legal professional privilege or client legal privilege;
S. 40 def. of protected information substituted by No. 23/2021 s. 39(1).
protected information means information acquired by a relevant person—
(a) in the case of a relevant person that is an integrated sector regulator, in the course of—
(i) performing functions or exercising powers under this Part; or
(ii) performing functions or exercising powers under an authorising Act that relate to the Child Safe Standards; or
(b) in any other case, in the course of performing functions or exercising powers under this Part;