(1) A person must not give to any other person, whether directly or indirectly, any information acquired by the person—
(a) from, or in the carrying out of, a working with children check; or
S. 40(1)(b) amended by No. 66/2014 s. 39.
(b) under section 18, 20(1), 22, 21C(6), 30(2) or 31(2).
Penalty: Level 9 fine (60 penalty units maximum).
(2) Subsection (1) does not apply to the giving of information—
(a) in good faith—
(i) for the purposes of this Act; or
(ii) for the purposes of a reference check being carried out on an applicant for work that is child-related work; or
(iii) for the purpose of making employment-related decisions in respect of child-related work; or
S. 40(2)(a)(iv) inserted by No. 4/2017 s. 11(3).
(iv) to the Commission for Children and Young People (established by section 6 of the Commission for Children and Young People Act 2012 ) for the purposes of an investigation of a reportable allegation under Part 5A of the Child Wellbeing and Safety Act 2005 ; or
S. 40(2)(b) amended by No. 47/2016 s. 49(3).
(b) with the written authority of the person to whom the information relates or, if the person to whom the information relates is a child or a person with a cognitive impairment or mental illness within the meaning of Subdivision (8E) of Division 1 of Part I of the Crimes Act 1958 , with the written authority of a person authorised to act on that person's behalf; or
(c) to a court or tribunal in the course of legal proceedings; or
(d) pursuant to an order of a court or tribunal; or
(e) 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; or
S. 40(2)(ea) inserted by No. 51/2010 s. 23.
(ea) to a person or body established under a law of the Commonwealth or another State or Territory with functions or powers that correspond with the functions or powers of the Secretary or the Chief Commissioner of Police under this Act; or
(f) to an Australian legal practitioner for the purpose of obtaining legal advice or representation; or
(g) as required or authorised by or under any other Act.
Note to s. 40 inserted by No. 26/2010 s. 36(3).
Under the Child Employment Act 2003 , the supervision of children under the
age of 15 years in employment requiring a permit under that Act is
child-related work for the purposes of this Act with the modifications set out
in that Act. Section 19A(2) and (3) of the Child Employment Act 2003
modifies the application of the defences in Part 4 of this Act in respect of
supervisors of those children.
Part 5 — Miscellaneous