New South Wales Consolidated Acts

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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 245D

Request for information

245D Request for information

(1) A prescribed body (the
"requesting agency" ) may request another prescribed body to provide the requesting agency with any information held by the other body that relates to the safety, welfare or well-being of a particular child or young person or class of children or young persons.
(2) Any such request may be made for the purposes of assisting the requesting agency:
(a) to make any decision, assessment or plan or to initiate or conduct any investigation, or to provide any service, relating to the safety, welfare or well-being of the child or young person or class of children or young persons (including, where applicable, to provide prioritised access to any service to a child or young person or class of children or young persons at risk of significant harm), or
(b) to manage any risk to the child or young person (or class of children or young persons) that might arise in the agency's capacity as an employer or designated agency.
(3) If a prescribed body receives a request under this section, the prescribed body is required to comply with the request if it reasonably believes, after being provided with sufficient information by the requesting agency to enable the other body to form that belief, that the information may assist the requesting agency for any purpose referred to in subsection (2).
(4) A prescribed body is not required to provide any information that it has been requested to provide if the body reasonably believes that to do so would:
(a) prejudice the investigation of a contravention (or possible contravention) of a law in any particular case, or
(b) prejudice a coronial inquest or inquiry, or
(c) prejudice any care proceedings, or
(d) contravene any legal professional or client legal privilege, or
(e) enable the existence or identity of a confidential source of information in relation to the enforcement or administration of a law to be ascertained, or
(f) endanger a person's life or physical safety, or
(g) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention (or possible contravention) of a law, or
(h) not be in the public interest.
(5) If a prescribed body refuses to provide information in accordance with a request under this section, the prescribed body must, at the time it notifies the requesting agency of the refusal, provide the requesting agency with reasons in writing for refusing the request.



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