130Confidentiality of information

130 Confidentiality of information

(1) A person must not give to any other person, whether directly or indirectly, any information acquired by the person in the performance of functions or exercise of powers under this Act.

(2) A person must not give to any other person, whether directly or indirectly, any information acquired by the person under section 70, 72(1), 91(5), 92, 113(3), 114(2), 115(2) or 127.

(3) Subsections (1) and (2) do not apply to the giving of information in any of the following circumstances—

(a) in good faith for the prevention of a serious threat to a person's life, health or safety;

(b) with the written authority of the person to whom the information relates or, if the person to whom the information relates is a child or a person with a cognitive impairment or mental illness within the meaning of Subdivision (8E) of Division 1 of Part I of the Crimes Act 1958, with the written authority of a person authorised to act on that person's behalf;

(c) to a court or tribunal in the course of legal proceedings;

(d) pursuant to an order of a court or tribunal;

(e) to the extent reasonably required to enable the investigation or the enforcement of a law of this State or of any other State or of a Territory or of the Commonwealth;

(f) to a person or body established under a law of the Commonwealth or another State or Territory with functions or powers that correspond with the functions or powers of the Chief Commissioner of Police under this Act;

(g) to an Australian legal practitioner for the purpose of obtaining legal advice or representation;

(h) as required or permitted by or under this Act or any other law;

(i) in the case of WWC information, in good faith—

(i) for the purposes of a reference check being carried out on an applicant for work that is child-related work; or

(ii) for the purposes of making employment-related decisions in respect of child-related work; or

(iii) to the Commission for Children and Young People (established by section 6 of the Commission for Children and Young People Act 2012) for the purposes of an investigation of a reportable allegation under Part 5A of the Child Wellbeing and Safety Act 2005; or

(iv) to the Victorian Institute of Teaching under Part 2.6 of the Education and Training Reform Act 2006 for the purposes of any of that Institute's functions under Part 2.6 of that Act.

(4) In this section—

WWC information means information acquired from, or in carrying out, a WWC check or under section 70, 72(1), 91(5), 92, 113(3), 114(2), 115(2) or 127.