(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.