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Education and Care Services National Law Act 2010
273Duty of confidentiality
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273 Duty of confidentiality
Sch. s. 273(1) amended by Nos 43/2022 s. 94, 53/2025 s. 55.
(1) An individual who is, or who has been, a person exercising functions under this Law must not disclose to another person protected information.
Penalty: $17 100.
(2) However, subsection (1) does not apply if—
(a) the information is disclosed in the exercise of a function under, or for the purposes of, or in accordance with, this Law; or
(b) the disclosure is authorised or required by any law of a participating jurisdiction, or is otherwise required or permitted by law; or
(c) the disclosure is with the agreement of the person to whom the information relates; or
(d) the information relates to proceedings before a court or tribunal and the proceedings are or were open to the public; or
(e) the information is, or has been accessible to the public, including because it was published for the purposes of, or in accordance with, this Law; or
(f) the disclosure is otherwise authorised by the Ministerial Council.
***protected information*** means information—
(a) that is personal to a particular individual and that identifies or could lead to the identification of the individual; and
(b) that comes to a person's knowledge in the course of, or because of, the person exercising functions under this Law.
Part 14—Miscellaneous
Division 1—Finance
274 Australian Children's Education and Care Quality Authority Fund
(1) The Australian Children's Education and Care Quality Authority Fund is established.
(2) The Authority Fund is a fund to be administered by the National Authority.
(3) The National Authority may establish accounts with any financial institution for money in the Authority Fund.
(4) The Authority Fund does not form part of the consolidated fund or consolidated account of a participating jurisdiction or the Commonwealth.