New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 248B

248B Disclosure of information to bodies in other jurisdictions

(1) In this section--

"assessment information" means information relevant to assessing the suitability of a person to be an adoptive parent (within the meaning of the Adoption Act 2000 ), an authorised carer or a guardian or the equivalent of any of these in another jurisdiction and may include information about the person and any other person who resides on the same property as the person.

"reside on a property" has the same meaning as in the Child Protection (Working with Children) Act 2012 .

"State child protection body" means the following--

(a) the Department,

(b) the Children's Guardian,

(c) each designated agency,

(d) each accredited adoption service provider.

(2) The object of this section is to provide for the exchange of assessment information between State child protection bodies and bodies that arrange or provide child protection, out-of-home care, guardianship or adoption services in other jurisdictions.

(3) The Minister may, by order published in the Gazette, make protocols setting out the circumstances under which assessment information may be exchanged under this section.

(4) The protocols may contain recommended privacy standards for bodies in other jurisdictions and may prohibit the disclosure of information under this section to bodies that do not adopt those standards.

(5) The Minister is to consult with the Privacy Commissioner in the preparation of the protocols.

(6) A State child protection body may exchange assessment information with bodies that arrange or provide child protection, out-of-home care, guardianship or adoption services in other jurisdictions, but only if the exchange is in accordance with the protocols.

(7) Section 245G applies to a person who, acting in good faith, exchanges information in accordance with this section in the same way as it applies to a person who, acting in good faith, provides information under Chapter 16A.

(8) Nothing in this section limits an exchange of assessment information that is otherwise permitted under any Act or law.

Note : See for example section 231V.