41BDisclosure for purposes of functions or powers permitted

41B Disclosure for purposes of functions or powers permitted

(1) Subject to subsection (2), a relevant person may disclose protected information (other than exempt information or privilege information) to any person to the extent reasonably necessary—

(a) for the relevant person to perform a function, or exercise a power, under this Act that relates to the Child Safe Standards; or

(b) for the relevant person to make a disclosure for the purposes of the reportable conduct scheme; or

S. 41B(1)(c) substituted by No. 58/2025 s. 43

(c) if the relevant person is the Social Services Regulator or an Associate Social Services Regulator, for the relevant person to perform a function or exercise a power under the Social Services Regulation Act 2021; or

(d) if the relevant person is an integrated sector regulator, for the relevant person to perform a function or exercise a power under any other Act if that function or power relates to the Child Safe Standards; or

(e) for the relevant person to disclose information that the relevant person is permitted or required to disclose under this or any other Act.

(2) A relevant person may disclose protected information that is privilege information under subsection (1) with the written consent of the person or body to which the legal professional privilege or client legal privilege relates.

(3) A person to whom protected information is disclosed under this section must not use or disclose that information except—

(a) for the purpose under subsection (1) for which the information was disclosed; or

(b) as permitted or required under this or any other Act.

S. 41BA inserted by No. 23/2021 s. 43 (as amended by No. 32/2022 s. 61).

41BA Disclosure to certain individuals permitted

(1) If an individual provides a relevant person with information for the purposes of enabling the relevant person to determine whether or not a relevant entity is complying, or has complied, with the Child Safe Standards, this Act or an authorising Act, the relevant person may disclose the following information (other than exempt information) to the individual, whether or not it is protected information—

(a) whether an investigation into whether the relevant entity is complying, or has complied, with the Child Safe Standards, this Act or an authorising Act is being, or will be, conducted by any relevant person;

(b) any other relevant person to which the matter has been referred;

(c) whether any enforcement action is being, or will be, taken against the relevant entity by any relevant person in relation to the relevant entity's compliance with Child Safe Standards.