99BInformation sharing with Aboriginal and Torres Strait

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.