Part 7Information gathering and sharing

Part 7—Information gathering and sharing 59—No obligation to maintain secrecy No obligation to maintain secrecy or other restriction on the disclosure of information applies in relation to the disclosure of information to the CCYP, the CACYP, the Guardian or the Committee under this Act, except an obligation or restriction designed to keep the identity of an informant or notifier secret. 60—CCYP or CACYP may require State authority to provide report (1) The CCYP or the CACYP may, if the CCYP or CACYP is of the opinion that it is necessary or would otherwise assist the CCYP or CACYP in the performance of functions under this Act, require a State authority to prepare and provide a report to the CCYP or CACYP (as the case requires) in relation to the matters, and in accordance with any requirements, specified in the notice. (2) If a State authority has not complied with a requirement under subsection (1), the CCYP or CACYP may require the State authority to provide to the CCYP or CACYP (as the case requires) within a specified period a report setting out the reasons for non-compliance. (3) The CCYP or CACYP may, on receiving a report under subsection (2), submit a copy of the report to the Minister setting out the views of the CCYP or CACYP (as the case requires) in respect of the State authority's non-compliance. (4) The Minister must, on receiving a report under subsection (3), prepare a report to Parliament setting out— (a) the Minister's response to the CCYP's or CACYP's report; and (b) any other information required by the regulations. (5) The Minister must, within 6 sitting days after completing a report under subsection (4), cause a copy of both the report and the CCYP's or CACYP's report under subsection (3) to be laid before both Houses of Parliament. 61—CCYP, CACYP or Guardian may require information (1) The CCYP, the CACYP or the Guardian may, by notice in writing, require a specified person (whether or not the person is a State authority, or an officer or employee of a State authority) to provide to them such information, or such documents, as may be specified in the notice (being information or documents in the possession of the person or body that the CCYP, CACYP or Guardian reasonably requires for the performance of functions under this Act). (2) A person of whom a requirement is made under subsection (1) must give the specified information or documents to the CCYP, CACYP or Guardian (as the case requires) within the period specified in the notice. (2a) If a service of a State authority is provided by a third party and the information or documents required by the CCYP, CACYP or Guardian are held by the third party, the person to whom a requirement is made under subsection (1) must take reasonable steps to— (a) obtain from the third party the information or documents that are the subject of the requirement; or (b) facilitate the provision by the third party to the CCYP, CACYP or Guardian (as the case requires) of the information or documents that are the subject of the requirement. (3) A person who refuses or fails to comply with a notice under subsection (1) is guilty of an offence. (4) If a State authority refuses or fails to comply with a notice under subsection (1), the CCYP, CACYP or Guardian (as the case requires) may, after consultation with the State authority— (a) report the refusal or failure to the Minister and to the Minister responsible for the State authority (if any); and (b) include details of the refusal or failure in the annual report of the CCYP, CACYP or Guardian. (5) The Minister may, by notice in writing, exempt a specified person or body, or persons or bodies of a specified class, from the operation of this section. (6) An exemption— (a) may be conditional or unconditional; and (b) may be varied or revoked by the Minister by further notice in writing. 62—Sharing of information between certain persons and bodies (1) This section applies to the following persons and bodies: (a) the CCYP; (ab) the CACYP; (b) the Guardian; (c) the Committee; (d) the Council; (e) a State authority; (f) any other person or body declared by the regulations to be included in the ambit of this subsection. (2) Despite any other Act or law, a person or body to whom this section applies (the provider) may, in accordance with any requirement set out in the regulations, provide prescribed information and documents to another person or body to whom this section applies (the recipient) if the provider reasonably believes that the provision of the information or documents would assist the recipient— (a) to perform official functions relating to the health, safety, welfare or wellbeing of a child or young person or class of children or young people; or (b) to manage any risk to a child or young person or class of children or young people that might arise in the recipient's capacity as an employer or provider of services. (3) Despite any other Act or law, information or documents that do not directly or indirectly disclose the identity of any person may be provided by one person or body to whom this section applies to another without restriction. (4) Subsection (3) applies— (a) whether or not the information or documents consist of or include prescribed information and documents; and (b) whether the information or document ever disclosed the identity of a person, or has been redacted so as to de-identify it. (5) Information may be provided under this section regardless of whether the provider has been requested to provide the information. (6) In this section— prescribed information and documents means— (a) information or documents relating to the health, safety, welfare or wellbeing of a particular child or young person or class of children or young people; or (b) any other information or document of a kind prescribed by the regulations for the purposes of this definition. 63—Interaction with Public Sector (Data Sharing) Act 2016 Nothing in this Act affects the operation of the Public Sector (Data Sharing) Act 2016.