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CHILD PROTECTION ACT 1999 - SECT 188C
Chief executive may give information about third parties
188C Chief executive may give information about third parties
(1) This section applies to information, in the chief executive’s possession
or control, that is— (a) about a relevant person; and
(b) also about
someone else.
(2) Subject to subdivision 1 , the chief executive may disclose
the information to the relevant person. Note— For the disclosure of
information that is only about the relevant person, see section 187 (4) .
(3) However, the chief executive must not disclose the information to the
relevant person if— (a) the chief executive reasonably believes the
disclosure of the information is likely to adversely affect the safety or
psychological or emotional wellbeing of any person; or
(b) the information—
(i) is the subject of legal professional privilege; or
(ii) identifies, or is
likely to identify, its source and the identification of the source is likely
to prejudice the achievement of the purposes of this Act; or
(iii) is a
record of confidential therapeutic counselling, and the person to whom it
relates does not consent to its disclosure; or
(c) the disclosure of the
information could reasonably be expected to— (i) prejudice the investigation
of a contravention or possible contravention of a law in a particular case; or
(ii) 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
(iii) enable the existence or identity of
a confidential source of information, in relation to the enforcement or
administration of a law, to be ascertained.
(4) The chief executive may
authorise the relevant person to use or disclose the information, or give
access to the information, to someone else. Note— Under section 188 , the
person must not use, disclose or give access to the information unless it is
authorised by the chief executive under this section.
(5) The chief
executive may disclose the information subject to any other conditions the
chief executive considers appropriate.
(6) In this section—
"relevant person" means— (a) a child in care; or
(b) a person who was in
care under this Act or the repealed Children’s Services Act 1965 ; or
(c) a
person who was a State child under the repealed State Children Act 1911 .
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