34LConfidentiality of information

#### 34L Confidentiality of information 34L Confidentiality of information > > (1) A Team-related person must not make a record of, or directly or indirectly disclose to any person, any information (including the contents of any document) that was acquired by the person by reason of being a Team-related person, unless— > > > > > (a) the record or disclosure is made in good faith for the purpose of exercising a function under this Part, or > > > > > (b) the record or disclosure is authorised to be made by the Convenor in connection with research that is undertaken for the purpose of helping to prevent or reduce the likelihood of deaths of children in New South Wales, or > > > > > (c) the record or disclosure is made by the Convenor for the purpose of— > > > > > > > (i) providing information to the Commissioner of Police in connection with a possible criminal offence, or > > > > > > > (ii) reporting to the Secretary of the Department of Communities and Justice that a child or class of children may be at risk of harm, or > > > > > > > (iii) providing information to the State Coroner that may relate to a death that is within the jurisdiction of the State Coroner, whether or not the death has been the subject of an inquest under the [Coroners Act 2009](/view/html/inforce/current/act-2009-041), or > > > > > > > (iv) providing information to the Domestic Violence Death Review Team established under the [Coroners Act 2009](/view/html/inforce/current/act-2009-041) in connection with that Team’s functions, or > > > > > > > (v) providing information to the Ombudsman concerning the death of a child that is relevant to the exercise of any of the Ombudsman’s functions, or > > > > > > > (vi) giving effect to any agreement or other arrangement entered into under section 34D (3), or > > > > > > > (vii) providing information to the Health Care Complaints Commission established under the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105) in connection with the Commission’s functions, or > > > > > (d) the record or disclosure is made by a member of the Team to a Minister, or to the head, chief executive officer, senior executive or senior member of any Public Service agency or a statutory body, in connection with a draft report prepared for the purpose of this Part, or > > > > > (e) the record or disclosure is made by a member of the Team to any person, body or organisation for the purpose of obtaining information or advice, or enabling comments to be made to the Team, in connection with a draft report or part of a draft report prepared for the purposes of this Part. > > > > Maximum penalty—50 penalty units or imprisonment for 12 months, or both. > > > (2) A Team-related person is not required— > > > > > (a) to produce to any court any document or other thing that has come into the person’s possession, custody or control, or > > > > > (b) to reveal to any court any information that has come to the person’s notice, > > > > by reason of being a Team-related person. > > > (3) Any authority or person to whom any information referred to in subsection (1) is revealed, and any person or employee under the control of that authority or person— > > > > > (a) is subject to the same obligations and liabilities under subsection (1), and > > > > > (b) enjoys the same rights and privileges under subsection (2), > > > > in respect of that information as if he or she were a Team-related person who had acquired the information for the purpose of the exercise of the functions of the Team. Failure to comply with obligations and liabilities referred to in this subsection is taken to be a contravention of subsection (1). > > **s 34L:** Ins 2011 No 60, Sch 1 \[2\]. Am 2014 No 20, Sch 1 \[17\]; 2015 No 15, Sch 3.12 \[5\]; 2019 No 25, Sch 5.13\[16\]; 2022 No 39, Sch 2\[4\].