Div 9Information gathering and sharing

Division 9—Information gathering and sharing 40—Chief Executive may require State authority to provide report (1) The Chief Executive may, if of the opinion that it is necessary or would otherwise assist in the performance of functions under this Act, require a State authority to prepare and provide a report to the Chief Executive in relation to the matters, and in accordance with any requirements, specified by the Chief Executive. (2) If a State authority refuses or fails to comply with a requirement under subsection (1), the Chief Executive may require the State authority to provide to the Chief Executive within a specified period a report setting out the reasons for noncompliance. (3) The Chief Executive may, on receiving a report under subsection (2), submit a copy of the report to the Minister setting out the views of the Chief Executive in respect of the State authority's noncompliance. (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 Chief Executive'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 that report and the Chief Executive's report under subsection (3) to be laid before both Houses of Parliament. 41—Sharing of information between certain persons and bodies (1) This section applies to the following persons and bodies: (a) the Department; (b) the Commissioner for Children and Young People; (c) the Commissioner for Aboriginal Children and Young People; (d) the Guardian for Children and Young People; (e) the Child Death and Serious Injury Review Committee; (f) the Child and Young Person's Visitor; (g) a State authority; (h) a child and family assessment and referral network or service and its constituent members; (i) the Contact Arrangements Review Panel; (j) an interagency practice review panel; (k) a person or body that provides services to children and young people or their families; (l) government and non‑government schools; (m) SACAT; (n) any other person or body, or person or body of a class, prescribed by the regulations. (2) Despite any other Act or law, a person or body to whom this section applies (the provider) may, in accordance with any requirements 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 functions relating to children and young people; or (b) to manage any risk of harm to a child or young person, or children or young people of a class, (including, to avoid doubt, an unborn child or children) that might arise in the recipient's capacity as an employer or provider of services. (3) Subject to this section, but 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 whether or not the information or documents— (a) consist of or include prescribed information and documents; and (b) ever disclosed the identity of a person, or has been redacted so as to de‑identify it. (5) Information or documents may be provided under this section whether or not the provider has been requested to provide the information or documents. (6) Despite section 218, the recipient of information or documents under this section must not disclose information or documents received under this section except— (a) to another person or body to whom this section applies; or (b) as may be authorised by the regulations. (7) 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 children or young people of a class; or (b) any other information or document of a kind prescribed by the regulations. 42—Interaction with Public Sector (Data Sharing) Act 2016 Nothing in this Division affects the operation of the Public Sector (Data Sharing) Act 2016.