Australian Capital Territory Numbered Acts

REPORTABLE CONDUCT AND INFORMATION SHARING LEGISLATION AMENDMENT ACT 2016 (NO. 39 OF 2016) - SECT 5

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Division 25.3.3     Designated entities sharing reportable conduct information

863A     Definitions—div 25.3.3

    (1)     In this division:

"designated entity"—

        (a)     see the Ombudsman Act 1989

, dictionary; and

        (b)     includes the ombudsman.

"reportable conduct information "means any information, including protected information, that is relevant to the protection of a child or young person or a class of child or young person against reportable conduct.

    (2)     In this section:

"reportable conduct"—see the Ombudsman Act 1989

, dictionary.

863B     Designated entity may request reportable conduct information

    (1)     A designated entity (the requesting entity ) may ask another designated entity, in writing, to give the requesting entity reportable conduct information in relation to a child, young person or class of child or young person.

    (2)     However, a requesting entity must not ask another designated entity for information under this section unless satisfied on reasonable grounds that the information is relevant for the requesting entity to—

        (a)     do any of the following for the safety, welfare or wellbeing of a child, young person or class of child or young person:

              (i)     make a decision or an assessment;

              (ii)     plan, begin, or conduct an investigation;

              (iii)     provide any other service in accordance with the entity's functions; or

        (b)     deal with a risk to a child, young person or class of child or young person that might arise in the course of the requesting entity's operation as a designated entity, including as an employer.

863C     Designated entity may provide reportable conduct information

    (1)     If a designated entity (a requested entity ) is asked under section 863B (1) to provide reportable conduct information, and is satisfied on reasonable grounds that the information is relevant for the entity making the request (the requesting entity ) to do or deal with something mentioned in section 863B (2), the requested entity must provide the information.

    (2)     However, a requested entity may refuse to provide reportable conduct information if satisfied on reasonable grounds that providing the information would—

        (a)     prejudice an investigation of a contravention or possible contravention of a law in force in the territory; or

        (b)     prejudice a coronial inquest or inquiry; or

        (c)     contravene legal professional or client legal privilege; or

        (d)     enable the existence or identity of a confidential source of information for the enforcement or administration of a territory law to be revealed; or

        (e)     endanger a person's life or physical safety; or

        (f)     prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a territory law; or

        (g)     prejudice a proceeding in relation to a care and protection order; or

        (h)     not be in the public interest.

    (3)     If a requested entity refuses to provide reportable conduct information to a requesting entity, the requested entity must tell the requesting entity, in writing, that the entity refuses to provide the information and the reason for the refusal.

863D     Restriction on use of information given under this division

Reportable conduct information given under this division to a designated entity must not be used or given for a purpose that is not associated with the safety, welfare or wellbeing of a child, young person or class of child or young person to whom the information relates, except in accordance with a territory law.

863E     Protection from liability for providing reportable conduct information

A person who honestly and without recklessness provides reportable conduct information under this division to a designated entity—

        (a)     does not commit a breach of—

              (i)     confidence; or

              (ii)     professional etiquette or ethics; or

              (iii)     a rule of professional conduct; and

        (b)     is not liable for any civil, criminal or other disciplinary action only because of providing the information.

863F     Reportable conduct information may be given despite territory law to the contrary

Reportable conduct information may be given to a designated entity in accordance with this division despite any territory law to the contrary.

863G     Coordination etc between designated entities

To ensure the safety, welfare or wellbeing of children and young people, designated entities must take reasonable steps to ensure cooperative, coordinated and efficient provision of reportable conduct information between designated entities.