103Duty to maintain confidentiality

103 Duty to maintain confidentiality

(1)  A person engaged in the administration of this Act who, in the course of that administration, obtains personal information relating to –

(a) a child; or

(b) a guardian of a child; or

(c) a family member of a child; or

(d) any person alleged to have abused, neglected or threatened a child –

must not divulge that information.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both.

(2)  A person who attends a family group conference must not divulge any personal information obtained at the conference relating to the child, his or her guardian or a member of the child's family.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both.

(2A)  [Section 103 Subsection (2A) inserted by No. 4 of 2021, s. 7, Applied:01 Mar 2021] Subsections (1) and (2) do not apply in respect of the disclosure and use of personal information relating to a person to, or by –

(a) that person; or

(b) a person seeking to bring an action, whether criminal or civil, if –

(i) the person to whom the personal information relates is an intended defendant to the action or an alleged perpetrator in respect of the matter to which the action relates; and

(ii) the personal information is relevant to that action; or

(c) a person responding, on behalf of the State, to an action, whether criminal or civil and whether proposed or commenced, against the State if the personal information is relevant to that action; or

(d) a Commission established under the Commissions of Inquiry Act 1995 if the personal information is relevant to the inquiry for which that Commission was established; or

(e) a person undertaking an employment screening or review process, or disciplinary investigations or proceedings, in respect of the person to whom the personal information relates if the person to whom the personal information relates is –