201Confidentiality notice

201 Confidentiality notice

(1) The Regulator or a Panel may issue a confidentiality notice to a person (other than to the Panel, an authorised officer, an independent investigator or a relevant agency) specifying a restricted matter, if the Regulator or the Panel (as the case may be) considers on reasonable grounds that the disclosure of that restricted matter would be likely to prejudice—

(a) the investigation of—

(i) a contravention of this Act or the regulations; or

(ii) a contravention of the Child Safe Standards within the meaning of section 3(1) of the Child Wellbeing and Safety Act 2005; or

(iii) conduct that may lead to the exclusion of a WCES worker or carer under the worker and carer exclusion scheme; or

(b) the safety or reputation of a person; or

(c) the fair trial of a person who has been, or may be, charged with an offence.

(2) A confidentiality notice must—

(a) be in the prescribed form; and

(b) specify the restricted matter in respect of which the confidentiality notice is issued; and

(c) include a copy of the provisions of subsections (3) to (9) and section 204 and an explanation of the effect of those provisions; and

(d) include a statement, where appropriate—

(i) advising the person to whom the confidentiality notice is issued that additional obligations under the Public Interest Disclosures Act 2012 relating to confidentiality may apply to the person; and

(ii) directing the person to the provisions of that Act which impose those obligations.

(3) If at any time the Regulator or the Panel considers on reasonable grounds that it is necessary to restrict disclosure of a different restricted matter than the restricted matter specified in a confidentiality notice, the Regulator or the Panel (as the case may be) must issue to the person to whom the confidentiality notice was issued—

(a) a notice cancelling the previous confidentiality notice; and

(b) a new confidentiality notice in respect of that different restricted matter.

(4) If at any time the Regulator or the Panel considers on reasonable grounds that it is no longer necessary to restrict disclosure of part, or all, of a restricted matter specified in a confidentiality notice to ensure that the matters specified in subsection (1) are not likely to be prejudiced, the Regulator or the Panel (as the case may be) must issue to the person to whom the confidentiality notice was issued—

(a) a notice cancelling the previous confidentiality notice; and

(b) if it is necessary to restrict disclosure of any restricted matter specified in the previous confidentiality notice, a new confidentiality notice in respect of that restricted matter.