QLDIn ForceAct
Housing Act 2003
sec.94DProhibition on disclosure of confidential information the subject of the Child Protection Act 1999 , s 188
Start here
Get a plain-English read of sec.94D
Turn the raw legal text into a practical explanation grounded in Housing Act 2003.
### sec.94D Prohibition on disclosure of confidential information the subject of the Child Protection Act 1999 , s 188
This section applies to confidential information given to an approved provider or an employee of an approved provider if the information is or has been information or a document—
that must not be disclosed, or to which access must not be given, under the Child Protection Act 1999 , section 188 (2) ; and
that is about a person’s affairs.
The approved provider or employee must not disclose the information, or give access to the document, to anyone else.
Maximum penalty—100 penalty units or 2 years imprisonment.
However, the approved provider or employee may disclose the information or give access to the document to someone else—
if the disclosure or giving of access is authorised by the chief executive under the Child Protection Act 1999 , section 189B ; or
if the disclosure or giving of access is for purposes directly related to a child’s protection or wellbeing; or
if the disclosure or giving of access is for purposes directly related to obtaining information requested by the chief executive under the Child Protection Act 1999 , section 246C ; or
if the disclosure or giving of access is required or permitted by law.
In this section—
chief executive means the chief executive of the department in which the Child Protection Act 1999 is administered.
s 94D ins 2014 No. 57 s 66
(sec.94D-ssec.1) This section applies to confidential information given to an approved provider or an employee of an approved provider if the information is or has been information or a document— that must not be disclosed, or to which access must not be given, under the Child Protection Act 1999 , section 188 (2) ; and that is about a person’s affairs.
(sec.94D-ssec.2) The approved provider or employee must not disclose the information, or give access to the document, to anyone else. Maximum penalty—100 penalty units or 2 years imprisonment.
(sec.94D-ssec.3) However, the approved provider or employee may disclose the information or give access to the document to someone else— if the disclosure or giving of access is authorised by the chief executive under the Child Protection Act 1999 , section 189B ; or if the disclosure or giving of access is for purposes directly related to a child’s protection or wellbeing; or if the disclosure or giving of access is for purposes directly related to obtaining information requested by the chief executive under the Child Protection Act 1999 , section 246C ; or if the disclosure or giving of access is required or permitted by law.
(sec.94D-ssec.4) In this section— chief executive means the chief executive of the department in which the Child Protection Act 1999 is administered.
- (a) that must not be disclosed, or to which access must not be given, under the Child Protection Act 1999 , section 188 (2) ; and
- (b) that is about a person’s affairs.
- (a) if the disclosure or giving of access is authorised by the chief executive under the Child Protection Act 1999 , section 189B ; or
- (b) if the disclosure or giving of access is for purposes directly related to a child’s protection or wellbeing; or
- (c) if the disclosure or giving of access is for purposes directly related to obtaining information requested by the chief executive under the Child Protection Act 1999 , section 246C ; or
- (d) if the disclosure or giving of access is required or permitted by law.