New South Wales Consolidated Acts

CHILD PROTECTION (WORKING WITH CHILDREN) ACT 2012 - SECT 45

45 Unauthorised disclosure or dishonest collection of information

(1) A person who discloses any information obtained by the person in connection with the exercise of functions under this Act or the regulations is guilty of an offence unless the disclosure--

(a) is made in good faith for the purposes of the exercise of a function under this Act or the regulations, or

(b) is made with the consent of the person to whom the information relates, or

(c) is ordered by a court, or any other body or person exercising judicial functions, for the purposes of the hearing or determination by the court, body or person of any matter, or

(d) is made with other lawful excuse.

(2) A person who dishonestly obtains confidential information relating to the exercise of functions under this Act or the regulations is guilty of an offence.

(3) For the avoidance of doubt, if a worker has consented to the disclosure to an agency prescribed by the regulations of information indicating that a criminal record check did not disclose any criminal record in relation to the worker, the Children's Guardian may, at the time of the verification of the worker under section 9A, disclose that information to the head of the agency.

: Maximum penalty--50 penalty units, or imprisonment for 6 months, or both.