Victorian Current Acts

CHILD WELLBEING AND SAFETY ACT 2005 - SECT 46W

    (1)     An authorised person must not use or disclose confidential information contained in the Register in a manner that is unauthorised under this Part and that the person—

        (a)     knows is unauthorised under this Part; or

        (b)     is reckless as to whether the use or disclosure of the information is authorised under this Part.

Penalty:     In the case of a natural person, 600 penalty units or imprisonment for 5 years or both;

    In the case of a body corporate, 3000 penalty units.

    (2)     Subsection (1) does not apply to the following uses and disclosures of confidential information—

        (a)     a use or disclosure made with the consent of the person to whom the information relates;

        (b)     if the information relates to a person who is incapable of giving consent to the use or disclosure, a use or disclosure made with the consent of the person's authorised representative;

        (c)     a disclosure made to a court or tribunal in the course of legal proceedings;

        (d)     a use or disclosure made pursuant to an order of a court or tribunal;

        (e)     a use or disclosure made to the extent reasonably required to enable the investigation or the enforcement of a law of this State or of any other State or of a Territory or of the Commonwealth;

        (f)     a disclosure made to an Australian legal practitioner for the purposes of obtaining legal advice or representation;

        (g)     a use or disclosure made as required or authorised by or under this Act or any other Act.

    (3)     In this section—

"authorised person" means—

        (a)     a Child Link user; or

        (b)     a person who is otherwise authorised to access the Register under this Part.

Division 7—Review of operation of Part

S. 46X inserted by No. 11/2018 s. 10.