New South Wales Consolidated Acts

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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 185

Provision and exchange of information

185 Provision and exchange of information

(1A) The functions referred to in subsection (1) may be exercised by the Children's Guardian for any one or more of the following purposes:
(a) for the purposes of providing information to, or exchanging information with, a prescribed person,
(b) for the purpose of exercising the functions of the Children's Guardian.
(1) The Children's Guardian may do either or both of the following:
(a) the Children's Guardian may, in accordance with the requirements (if any) prescribed by the regulations, furnish a prescribed person with information relating to the safety, welfare and well-being of a particular child or young person or class of children or young persons,
(b) the Children's Guardian may, in accordance with the requirements (if any) prescribed by the regulations, direct a prescribed person to furnish the Children's Guardian with information relating to the safety, welfare and well-being of a particular child or young person or class of children or young persons.
(2) It is the duty of a prescribed person to whom a direction is given under subsection (1) (b) (being the Secretary or a Public Service agency) to comply promptly with the requirements of the direction.
(2A) A prescribed person (other than the Secretary or a Public Service agency) must comply with a direction of the Children's Guardian given under subsection (1) (b) within such reasonable time as is specified in the direction.
Maximum penalty: 10 penalty units.
Note : An offence against subsection (2A) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation--see section 258.
(3) If information is furnished under subsection (1):
(a) the furnishing of the information is not, in any proceedings before a court, tribunal or committee, to be held to constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct, and
(b) no liability for defamation is incurred because of the furnishing of the information, and
(c) the furnishing of the information does not constitute a ground for civil proceedings for malicious prosecution or for conspiracy.
(4) A reference in subsection (3) to information furnished under subsection (1) extends to any information so furnished in good faith and with reasonable care.
(5) A provision of any Act or law that prohibits or restricts the disclosure of information does not operate to prevent the furnishing of information (or affect a duty to furnish information) under this section. Nothing in this subsection affects any obligation or power to provide information apart from this subsection.
(6) In this section:

"prescribed person" means:
(a) the Secretary, or
(b) a designated agency, or
(c) an authorised carer, or
(d) a relevant agency within the meaning of section 156.



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