New South Wales Consolidated Acts

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EDUCATION ACT 1990 - SECT 22A

Obtaining information about children of compulsory school-age

22A Obtaining information about children of compulsory school-age

(1) Any relevant institution or other person may provide information to the Department solely for the purpose of assisting the Secretary to ascertain--
(a) the age, identity or whereabouts of a child who is not receiving compulsory schooling or who is not participating in education, training or paid work as an alternative to receiving compulsory schooling, and
(b) the reasons why the child is not receiving that schooling or not so participating.
(2) Information may be provided under this section--
(a) at the request of the Secretary or without any such request, and
(b) anonymously.
(3) The Secretary may include in a request for information such information about a child, or a child's family, as may assist the relevant institution or other person concerned to provide the information requested.
(4) A relevant institution has a duty to provide information in its possession or control that the Secretary requests under this section.
(5) The authority or duty to provide information under this section--
(a) applies despite the Privacy and Personal Information Protection Act 1998 or the Health Records and Information Privacy Act 2002 , but
(b) is subject to any other Act or law and to client legal privilege.
(6) The provision of information under this section in good faith--
(a) does not give rise to any liability to civil, criminal or disciplinary action, and
(b) is not a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct.
(7) The identity of any person who has provided information under this section is not to be disclosed.



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