180Provision and exchange of information

180 Provision and exchange of information

180 Provision and exchange of information

(1) The Children’s Guardian may, for the purpose of exercising the functions of the Children’s Guardian—

(a) give a relevant body information relating to the safety, welfare and wellbeing of a particular child or class of children, and

(b) direct a relevant body to give the Children’s Guardian information relating to the safety, welfare and wellbeing of a particular child or class of children.

(2) A relevant body, other than the Secretary or a government sector agency, must comply with the direction under subsection (1)(b) within the reasonable time specified in the direction.

Maximum penalty—10 penalty units.

(3) Information given under subsection (1)—

(a) is not, in 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) does not incur liability for defamation, and

(c) does not constitute a ground for civil proceedings for malicious prosecution or for conspiracy.

(4) A reference in subsection (3) to information given extends to information given in good faith and with reasonable care for the purposes of that subsection.

(5) A provision of an Act or law that prohibits or restricts the disclosure of information does not operate to prevent the information being given, or affect a duty to give information, under this section.

(6) Nothing in subsection (5) affects an obligation or power to provide information.

(7) Information given or directed to be given under subsection (1) must be done in a way, or in accordance with requirements, if any, prescribed by the regulations.

(8) In this section—

relevant body means—

(a) a prescribed body under section 248 of the Children and Young Persons (Care and Protection) Act 1998, and

(a1) a prescribed agency, and

(b) a body, including an unincorporated body, or a class of bodies, prescribed by the regulations for the purposes of this section.