34Information sharing

34 Information sharing (1) The commissioner may disclose to an information sharing entity 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 entity’s functions; 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 an information sharing entity 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 information sharing entity 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 an information sharing entity uses information disclosed to the entity under this section— (a) a secrecy requirement is taken to apply to the entity in relation to the information; and

Part 2 Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022 (b) the entity 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. (5) In this section: function, of an information sharing entity, means— (a) for a member of the human rights commission—a function of the member under the Human Rights Commission Act 2005; and (b) for the custodial inspector—a function of the custodial inspector under the Custodial Inspector Act 2017; and (c) for the NPM—a function of the NPM under the Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2018. information sharing entity means— (a) a member of the human rights commission; or (b) the custodial inspector appointed under the Custodial Inspector Act 2017, section 9; or (c) the NPM. NPM means the ACT National Preventive Mechanism established under the Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2018, section 8C. secrecy requirement means a prohibition on the disclosure of information that applies to the commissioner in relation to information disclosed to an information sharing entity, whether the prohibition is absolute or subject to stated exceptions or qualifications.

Custodial Inspector Act 2017 Part 3