41WRequest for confidential information for wellbeing or safety of children

41W Request for confidential information for wellbeing or safety of children

(1) An information sharing entity (the requesting entity) may request another information sharing entity (the responding entity) to disclose to the requesting entity confidential information, other than excluded information, if the request is made for the purpose of promoting the wellbeing or safety of a child or a group of children.

(2) In making a request under this section, a requesting entity may disclose to the responding entity any confidential information that may assist the responding entity to—

(a) identify the confidential information held by the responding entity that is relevant to the request; and

(b) form an opinion on whether the confidential information may be disclosed in accordance with this Part.

(3) Subject to subsection (5), the responding entity must comply with a request made under subsection (1) for the disclosure of the confidential information if—

(a) the disclosure is made for the purpose of promoting the wellbeing or safety of a child or group of children; and

(b) the responding entity reasonably believes that the disclosure may assist the requesting entity to carry out one or more of the following activities—

(i) making a decision, an assessment or a plan relating to a child or group of children;

(ii) initiating or conducting an investigation relating to a child or group of children;

(iii) providing a service relating to a child or group of children;

(iv) managing any risk to a child or group of children.

(4) Subject to subsection (5), a responding entity that does not comply with a request made under subsection (1) must provide, in writing, the requesting entity with the reason for the failure to comply with the request.

(5) Subsections (3) and (4) do not apply to any person or body specified in section 41T that has been prescribed to be an information sharing entity or a restricted information sharing entity.

S. 41X inserted by No. 11/2018 s. 8.