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CORONERS ACT 2009 - SECT 101M
Confidentiality of information
101M Confidentiality of information
(1) A Team-related person must not make a record of, or directly or indirectly
disclose to any person, any information (including the contents of any
document) that was acquired by the person by reason of being a
Team-related person, unless-- (a) the record or disclosure is made in good
faith for the purpose of exercising a function under this Chapter, or
(b) the
record or disclosure is authorised to be made by the Convenor in connection
with research that is undertaken for the purpose of helping to prevent or
reduce the likelihood of domestic violence deaths in New South Wales, or
(c)
the record or disclosure is made by the Convenor for the purpose of-- (i)
providing information to the Commissioner of Police in connection with a
possible criminal offence, or
(ii) reporting to the Secretary of the
Department of Communities and Justice that a child or class of children may be
at risk of harm, or
(iii) providing information to the State Coroner that may
relate to a death that is within the jurisdiction of the State Coroner,
whether or not the death has been the subject of an inquest under this Act, or
(iv) providing information to the Child Death Review Team in connection with
that Team's functions, or
(v) providing information to the Ombudsman
concerning the death of a person that is relevant to the exercise of any of
the Ombudsman's functions, or
(vi) giving effect to any agreement or other
arrangement entered into under this Chapter or with coroners in other
jurisdictions for the exchange of information, or
(vii) providing information
to a national database compiled for the purposes of, and contributed to by,
coroners of States and Territories, or
(d) the record or disclosure is made
by a member of the Team to a Minister, or to the head, chief executive
officer, senior executive or senior member of any Public Service agency or a
statutory body, in connection with a draft report prepared for the purpose of
this Chapter.
: Maximum penalty--50 penalty units or imprisonment for 12
months, or both.
(2) A Team-related person who makes a record or disclosure
that is authorised under this section in connection with research that is
undertaken for the purpose of helping to prevent or reduce the likelihood of
domestic violence deaths in New South Wales must ensure that the information
does not identify a person who is the subject of the information.
(3) A
Team-related person is not required-- (a) to produce to any court any document
or other thing that has come into the person's possession, custody or control,
or
(b) to reveal to any court any information that has come to the person's
notice,
by reason of being a Team-related person.
(4) Any authority or person
to whom any information referred to in subsection (1) is revealed, and any
person or employee under the control of that authority or person-- (a) is
subject to the same obligations and liabilities under subsections (1) and (2),
and
(b) enjoys the same rights and privileges under subsection (3),
in
respect of that information as if he or she were a Team-related person who had
acquired the information for the purpose of the exercise of the functions of
the Team. Failure to comply with obligations and liabilities referred to in
this subsection is taken to be a contravention of subsection (1).
(5) In this
section--
"court" includes any tribunal or person having power to require the production
of documents or the answering of questions.
"produce" includes permit access to.
"Team-related person" means a member of the Team, a member of staff of the
Team and any person engaged to assist the Team in the exercise of its
functions, including persons appointed under section 101I.
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