Part 19Miscellaneous

Part 19—Miscellaneous 212—Hindering or obstructing person in execution of duty A person who hinders or obstructs the Chief Executive, a child protection officer or any other person or body in the performance of a function under this Act is guilty of an offence. 213—Impersonating child protection officer A person who falsely represents (whether directly or indirectly) that— (a) they are a child protection officer; or (b) they are performing a function under this Act, is guilty of an offence. 214—Protection of identity of persons who report to or notify Department (1) A person who receives a report or notification that a child or young person may be at risk of harm, or who otherwise becomes aware of the identity of a person who has made such a report or notification, must not disclose the identity of the person who made the report or notification to any other person unless the disclosure— (a) is made with the consent of the person who made the report; or (b) is required or authorised by the Chief Executive or under this Act; or (c) is made to the Coroner's Court or a coroner or investigator under the Coroners Act 2003 for the purposes of a coronial investigation; or (d) is made by way of evidence adduced in accordance with this section; or (e) is otherwise authorised by the regulations. (2) In proceedings before a court or tribunal— (a) evidence that directly or indirectly discloses the identity of a person who made a report or notification referred to in subsection (1) cannot be adduced without the permission of the court or tribunal; and (b) a party or witness must not, without the permission of the court or tribunal, be asked, nor required to answer, any question that cannot be answered without directly or indirectly disclosing the identity of a person who made a report or notification referred to in subsection (1). (3) A court or tribunal cannot grant permission under subsection (2) unless— (a) the court or tribunal is satisfied that the evidence is of critical importance in the proceedings and that failure to admit it would prejudice the proper administration of justice; or (b) the person who made the relevant report or notification consents to the admission of the evidence in the proceedings. (4) An application for permission under subsection (2)— (a) must not, except as authorised by the court or tribunal, be heard and determined in public; and (b) must be conducted in such a manner as to protect, so far as may be practicable, the identity of the person who made the relevant report or notification pending the determination of the application. 215—Restrictions on publication of certain information relating to family group conferences and other proceedings (1) A person must not publish a report of a family group conference, or of any statement made or thing done at a family group conference, if the report— (a) directly or indirectly identifies— (i) the child or young person who is the subject of the family group conference; or (ii) a participant in the family group conference; or (b) reveals the name, address or school, or includes any particulars, picture or film that may lead to the identification, of the child or young person who is the subject of the family group conference. (b) in the case of an individual—$50 000. (2) However, subsection (1) does not apply to the publishing of a report in circumstances prescribed by the regulations. (3) Except as may be permitted under subsection (4), a person must not publish prescribed information in relation to proceedings before any court or tribunal in which a child or young person is alleged to be at risk of harm or in need of care or protection if— (a) the court or tribunal prohibits publication of any prescribed information in relation to the proceedings; or (b) the prescribed information— (i) directly or indirectly identifies the child or young person; or (ii) reveals the name, address or school, or includes any particulars, picture or film that may lead to the identification of any child or young person who is concerned in the proceedings, either as a party or a witness. (b) in the case of an individual—$50 000. (4) The court or tribunal before which proceedings referred to in subsection (3) are heard may, on such conditions as it thinks fit, permit the publication of information or images that would otherwise be suppressed from publication under subsection (3)(b). (5) In this section— prescribed information, in relation to proceedings before a court or tribunal, means— (a) any information contained in, or making up, the evidence tendered in the proceedings; or (b) any information contained in any other document whatsoever considered in the proceedings; or (c) any information contained in a report of the proceedings; or (d) any other information prescribed by the regulations. 216—Restrictions on publication of certain names and identifying information (1) A person who publishes or broadcasts information in any form that expressly states or implies that a person is a protected person, or that directly or indirectly identifies a person as a protected person, is guilty of an offence. (a) in the case of a body corporate—$120 000; (b) in the case of an individual—$50 000. (2) However, subsection (1) does not apply— (a) to the protected person; or (b) if the protected person is of or above 16 years of age—to a person acting with the consent of the protected person; or (c) if the protected person is under 16 years of age, or is over 16 years of age but lacks capacity to give consent—to a person acting with the consent of the Chief Executive; or (d) in any other circumstances prescribed by the regulations. protected person means a person who— (a) is, or has ever been, in the custody, or under the guardianship, of the Minister or the Chief Executive under this Act or a repealed Act; or (b) is a person, or a person of a class, of a kind prescribed by the regulations, but a person ceases to be a protected person when the person— (c) attains 25 years of age; or (d) dies, 217—Payment of money to Chief Executive on behalf of child or young person (1) The Chief Executive may receive money on behalf of a child or young person who is under the guardianship of the Chief Executive. (2) The Chief Executive must cause any money received on behalf of a child or young person— (a) to be held by the Public Trustee on behalf of the child or young person in accordance with the scheme set out in the regulations; or (b) to be deposited in an ADI account in the name of the child or young person. (3) Without limiting the regulations that may be made under subsection (2)(a), the regulations may make provisions relating to the transfer of money to the Public Trustee, interest payable on money held by the Public Trustee, and the application of money held by the Public Trustee, under this section. (4) Any money held on behalf of a child or young person pursuant to this section is payable to the following persons on the Chief Executive ceasing to have guardianship of the child or young person: (a) in the case where the child or young person is under 18 years of age—the person under whose guardianship the child or young person is or will be placed; (b) in the case where an administrator has been appointed in relation to the child or young person under the Guardianship and Administration Act 1993—the person determined by the administrator; (c) in any other case—the child or young person. 218—Confidentiality (1) Subject to this Act, a person engaged or formerly engaged in the administration, operation or enforcement of this Act or a repealed Act must not disclose personal information obtained (whether by that person or otherwise) in the course of performing functions under this Act or a repealed Act except— (a) as required or authorised by or under this Act or any other Act or law; or (b) with the consent of the person to whom the information relates; or (c) with the authorisation of the Chief Executive; or (d) in connection with the administration, operation or enforcement of this Act or any other Act; or (e) for the purposes of referring the matter to a law enforcement agency, or a person or agency exercising official duties under an Act relating to the care or protection of children and young people; or (f) to an agency or instrumentality of this State, the Commonwealth or another State or Territory of the Commonwealth for the purposes of the proper performance of its functions; or (g) if the disclosure is reasonably necessary for the protection of the lawful interests of the person making the disclosure; or (h) if the disclosure is reasonably required to lessen or prevent a serious threat to the life, health or safety of a person. (2) Despite any other Act or law (including the Child Sex Offenders Registration Act 2006), personal information may be disclosed to any person in accordance with subsection (1) if the Chief Executive is of the opinion that such disclosure is reasonably required to protect a child or young person from harm or a risk of harm. (3) Subsection (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates. (4) Information that has been disclosed under subsection (1) for a particular purpose must not be used for any other purpose by— (a) the person to whom the information was disclosed; or (b) any other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure. 219—Victimisation (1) A person who causes detriment to another on the ground, or substantially on the ground, that the other person or a third person has provided, or intends to provide, information under this Act or a repealed Act commits an act of victimisation. (2) However, causing detriment on the ground that a person— (a) has made a false allegation; or (b) has not acted in good faith, does not constitute an act of victimisation. (3) An act of victimisation under this Act may be dealt with— (a) as a tort; or (b) as if it were an act of victimisation under the Equal Opportunity Act 1984, but, if the victim commences proceedings in a court seeking a remedy in tort, the victim cannot subsequently lodge a complaint under the Equal Opportunity Act 1984 and, conversely, if the victim lodges a complaint under that Act, the victim cannot subsequently commence proceedings in a court seeking a remedy in tort. (4) If a complaint alleging an act of victimisation under this Act has been lodged with the Commissioner for Equal Opportunity and the Commissioner is of the opinion that the subject matter of the complaint has already been adequately dealt with by a competent authority, the Commissioner may decline to act on the complaint or to proceed further with action on the complaint. (5) In proceedings against a person seeking a remedy in tort for an act of victimisation committed by an employee or agent of the person, it is a defence to prove that the person exercised all reasonable diligence to ensure that the employee or agent would not commit an act of victimisation. (6) A person who personally commits an act of victimisation under this Act is guilty of an offence. (7) Proceedings for an offence against subsection (6) may only be commenced by a police officer or a person approved by either the Commissioner of Police or the Director of Public Prosecutions. detriment includes— (a) injury, damage or loss; and (b) intimidation or harassment; and (c) discrimination, disadvantage or adverse treatment in relation to a person's employment; and (d) threats of reprisal. 220—Protections, privileges and immunities (1) Nothing in this Act affects any rule or principle of law relating to— (a) legal professional privilege; or (b) "without prejudice" privilege; or (c) public interest immunity. (2) A person is excused from answering a question or producing a document or other material in connection with an inquiry if the person could not be compelled to answer the question or produce the document or material in proceedings in the Supreme Court. (3) A person who provides information or a document to an inquiry under this Act has the same protection, privileges and immunities as a witness in proceedings before the Supreme Court. (4) A person who does anything in accordance with this Act, or as required or authorised by or under this Act, cannot by so doing be held to have breached any code of professional etiquette or ethics, or to have departed from any acceptable form of professional conduct. 221—Limitation on tortious liability for acts of certain children and young people No liability in tort attaches to the Crown, the Minister, the Chief Executive or any employee of the Department, or a recognised Aboriginal or Torres Strait Islander entity or member of such an entity, in respect of an act or omission of a child or young person who is in the custody, or under the guardianship, of the Chief Executive, unless the act or omission occurs while the child or young person— (a) is acting as the servant, agent or delegate of the Chief Executive or employee of the Department; and (b) is acting within the scope of such employment or authority. 222—Evidentiary provision (1) In proceedings for an offence against this Act, an allegation in an information— (a) that a prohibition notice had, or had not, been issued to a specified person; or (b) that a specified person was, or was not, a child protection officer at a specified time; or (c) that a specified person was, or was not, an approved carer at a specified time; or (d) that specified premises were, or were not, a licensed children's residential facility at a specified time; or (e) that a specified person was, or was not, a protected person within the meaning of section 216 at a specified time; or (f) that a working with children check relating to a specified person had, or had not, been conducted on a specified day or within a specified period, must be accepted as proved in the absence of evidence to the contrary. (2) In any legal proceedings, a document apparently certified by the Chief Executive and certifying that a specific person or body was, on a particular day or during a particular period, a recognised Aboriginal or Torres Strait Islander entity, or a delegated decision maker under Part 4 for a specified Aboriginal or Torres Strait Islander child or young person, will, in the absence of proof to the contrary, be proof of the matters certified. prohibition notice have the same meanings as in the Child Safety (Prohibited Persons) Act 2016. 223—Regulations and fee notices (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. (2) Without limiting the generality of subsection (1), the regulations may provide for— (a) the exemption of a person, or persons of a class, from the operation of a specified provision or provisions of this Act; and (b) fees or charges in respect of any matter under this Act and their payment, recovery or waiver; and (c) fines, not exceeding $10 000, for offences against the regulations; and (d) facilitation of proof of the commission of offences against the regulations. (3) The regulations may— (a) be of general or limited application; and (b) make different provision according to the matters or circumstances to which they are expressed to apply; and (c) make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act or on the making of regulations under this Act; and (d) provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister, the Chief Executive or any other specified person or body; and (e) apply or incorporate, wholly or partly and with or without modification, a code, standard, policy or other document prepared or published by the Minister or another specified person or body. (4) The Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019. (5) If a code, standard, policy or other document is referred to or incorporated in the regulations— (a) a copy of the code, standard, policy or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and (b) evidence of the contents of the code, standard, policy or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard, policy or other document. 224—Review of Act (1) The Minister must, as soon as practicable after the fifth anniversary of the commencement of this section, cause a review of the operation of this Act to be conducted and a report on the review to be provided to the Minister. (2) The Minister must, in the course of the review, consult with the recognised peak bodies. (3) The Minister must, within 6 sitting days after receiving a report under this section, cause a copy of the report to be laid before both Houses of Parliament.