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Human Rights Commission Act 2005
99BInformation sharing with Aboriginal and Torres Strait
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99B Information sharing with Aboriginal and Torres Strait
Islander children and young people commissioner
(1) A commissioner may disclose to the Aboriginal and Torres Strait
Islander children and young people commissioner any information
that has been disclosed to, or obtained by, the commissioner in the
exercise of a function under this Act, if—
(a) the commissioner is reasonably satisfied that the information is
relevant to the exercise of the Aboriginal and Torres Strait
Islander children and young people commissioner’s functions
under the Aboriginal and Torres Strait Islander Children and
Young People Commissioner Act 2022; and
(b) if the information is personal information about an individual—
the individual has given consent.
(2) However, the commissioner may disclose personal information about
an individual to the Aboriginal and Torres Strait Islander children and
young people commissioner without the individual’s consent if the
commissioner believes on reasonable grounds that the disclosure is
necessary to ensure that—
(a) the commissioner and the Aboriginal and Torres Strait Islander
children and young people commissioner are able to take a
coordinated approach in relation to a matter affecting an
Aboriginal or Torres Strait Islander child or young person; or
(b) effective advocacy is able to be undertaken for an Aboriginal or
Torres Strait Islander child or young person.
(3) If the Aboriginal and Torres Strait Islander children and young people
commissioner uses information disclosed to the commissioner under
this section—
(a) a secrecy requirement is taken to apply to the commissioner in
relation to the information; and
(b) the commissioner is taken to be a person engaged in the
administration of the provision that contains the secrecy
requirement.
(4) This section applies despite any other territory law.
secrecy requirement means a prohibition on the disclosure of
information that applies to a commissioner in relation to information
disclosed to the Aboriginal and Torres Strait Islander children and
young people commissioner, whether the prohibition is absolute or
subject to stated exceptions or qualifications.