248Provision and exchange of information

#### 248 Provision and exchange of information 248 Provision and exchange of information > > (1AA) The functions referred to in subsection (1) may be exercised by the Secretary for any one or more of the following purposes— > > > > > (a) for the purposes of providing information to, or exchanging information with, a prescribed body, > > > > > (b) for the purpose of exercising the functions of the Secretary. > > > (1) The Secretary may do either or both of the following— > > > > > (a) the Secretary may, in accordance with the requirements (if any) prescribed by the regulations, furnish a prescribed body with information relating to the safety, welfare and well-being of a particular child or young person or class of children or young persons, > > > > > (b) the Secretary may, in accordance with the requirements (if any) prescribed by the regulations, direct a prescribed body to furnish the Secretary with information relating to the safety, welfare and well-being of a particular child or young person or class of children or young persons. > > > (1A) Information about the following may be furnished under this section in the same way as information about a child or young person or class of children or young persons may be furnished— > > > > > (a) an unborn child who is the subject of a pre-natal report under section 25, > > > > > (b) the family of an unborn child the subject of such a report, > > > > > (c) the expected date of birth of an unborn child the subject of such a report. > > > (2) It is the duty of a prescribed body to whom a direction is given under subsection (1)(b) to comply promptly with the requirements of the direction. > > > (3) If information is furnished under subsection (1) or (1A)— > > > > > (a) the furnishing of the information is not, in any proceedings before a court, tribunal or committee, to be held to constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct, and > > > > > (b) no liability for defamation is incurred because of the furnishing of the information, and > > > > > (c) the furnishing of the information does not constitute a ground for civil proceedings for malicious prosecution or for conspiracy. > > > (4) A reference in subsection (3) to information furnished under subsection (1) or (1A) extends to any information so furnished in good faith and with reasonable care. > > > (5) A provision of any Act or law that prohibits or restricts the disclosure of information does not operate to prevent the furnishing of information (or affect a duty to furnish information) under this section. Nothing in this subsection affects any obligation or power to provide information apart from this subsection. > > > (6) In this section— > > > > prescribed body means— > > > > > (a) the NSW Police Force, a Public Service agency or a public authority, or > > > > > (b) a government school or a registered non-government school within the meaning of the [Education Act 1990](/view/html/inforce/current/act-1990-008), or > > > > > (c) a TAFE establishment within the meaning of the [Technical and Further Education Commission Act 1990](/view/html/inforce/current/act-1990-118), or > > > > > (d) a public health organisation within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154), or > > > > > (e) a private health facility within the meaning of the [Private Health Facilities Act 2007](/view/html/inforce/current/act-2007-009), or > > > > > (f) a person or class of persons prescribed by the regulations for the purposes of this section, or > > > > > (g) a body or class of bodies prescribed by the regulations for the purposes of this section, > > > > and a reference in this section to any such prescribed body includes a reference to any part (however described) of the prescribed body. > > **s 248:** Am 2006 No 95, Sch 1 \[5\] \[6\]; 2007 No 9, Sch 5.3 \[2\]; 2009 No 22, Sch 1 \[6\]–\[8\]; 2009 No 96, Sch 2 \[3\] \[4\]; 2015 No 29, Sch 3 \[22\]; 2021 No 16, Sch 3\[13\].