sec.130Confidentiality of records

sec.130 Confidentiality of records

An approved provider must keep a record of a QEC service operated by the provider that contains personal information about a child to whom the service is providing education and care in a way that ensures the only persons with access to the record are— an authorised person for the service; or a parent of the child; or the child. Maximum penalty—10 penalty units. An authorised person for a QEC approved service must not disclose personal information about a child obtained from a records of the service to anyone other than— another authorised person for the service; or a parent of the child; or the child. Maximum penalty—10 penalty units. However, subsections (1) and (2) do not apply if an approved provider allows access or an authorised person for the QEC approved service discloses information— for a purpose under this Act; or with the consent of a parent of the child; or for a purpose directly related to the child’s protection or welfare; or for the purpose of complying with a lawful process requiring the production of documents or giving evidence before a court or tribunal; or under part 8 , division 3 , subdivision 2 ; or under another Act. In this section— authorised person , for a QEC approved service, means— the approved provider of the service; or a staff member of the service. personal information relating to a child means information about the child’s health or special needs, or other information about a child, prescribed under a regulation. record of a QEC approved service means a record kept by the approved provider of the service that relates to the operation and the service, and includes a record mentioned in section 128 . (sec.130-ssec.1) An approved provider must keep a record of a QEC service operated by the provider that contains personal information about a child to whom the service is providing education and care in a way that ensures the only persons with access to the record are— an authorised person for the service; or a parent of the child; or the child. Maximum penalty—10 penalty units. (sec.130-ssec.2) An authorised person for a QEC approved service must not disclose personal information about a child obtained from a records of the service to anyone other than— another authorised person for the service; or a parent of the child; or the child. Maximum penalty—10 penalty units. (sec.130-ssec.3) However, subsections (1) and (2) do not apply if an approved provider allows access or an authorised person for the QEC approved service discloses information— for a purpose under this Act; or with the consent of a parent of the child; or for a purpose directly related to the child’s protection or welfare; or for the purpose of complying with a lawful process requiring the production of documents or giving evidence before a court or tribunal; or under part 8 , division 3 , subdivision 2 ; or under another Act. (sec.130-ssec.4) In this section— authorised person , for a QEC approved service, means— the approved provider of the service; or a staff member of the service. personal information relating to a child means information about the child’s health or special needs, or other information about a child, prescribed under a regulation. record of a QEC approved service means a record kept by the approved provider of the service that relates to the operation and the service, and includes a record mentioned in section 128 .