57Disclosure of information

57 Disclosure of information

57 Disclosure of information

(1) This section applies to a person who is, or was, any of the following persons—

(a) the Children’s Guardian,

(b) the head of a relevant entity, or an investigator for the relevant entity, to which a report of a reportable allegation or a conviction considered to be a reportable conviction, in relation to an employee of the relevant entity, was given.

(2) A person to whom this section applies must disclose relevant information to the following persons unless the person is satisfied the disclosure is not in the public interest—

(a) a child to whom the information relates,

(b) a parent of the child.

(3) Subsection (2) does not apply to the Children’s Guardian unless the Children’s Guardian is exercising, or has exercised, functions under section 46.

(4) A person to whom this section applies may disclose relevant information if—

(a) the disclosure is for the purpose of promoting the safety, welfare or wellbeing of a child, or class of children, to whom the information relates, and

(b) the information is disclosed to—

(i) if the employee the subject of the reportable allegation or conviction considered to be a reportable conviction is a contractor—the head of an entity, other than the relevant entity, that engaged the employee as a contractor, or

(ii) a person who, under the Children and Young Persons (Care and Protection) Act 1998, has daily care and control of a relevant child, whether or not that care involves custody of the child, or

(iii) for information relating to a child in out-of-home care—an authorised carer that provides out-of-home care to the child, or

(iv) a person prescribed by the regulations.

(5) The head of a relevant entity or an investigator for the relevant entity that is a public health entity may disclose relevant information to another public health entity.

(6) The head of a relevant entity to which a report of a reportable allegation or a conviction considered to be a reportable conviction, in relation to an employee, or former employee, of the relevant entity, was given may disclose to the employee or former employee to whom the report relates—