5.4 Disclosure of protected information
Protected information obtained by the Scheme may be disclosed in certain circumstances. This include where the disclosure of information is done for the purposes of the Scheme, with expressed or implied consent or where disclosure will prevent or lessen a serious threat to an individual's life, health or safety. Where a person has a nominee the Operator may also disclose information provided by the person to their nominee.
Use of protected information by government institutions & officials
The Operator may disclose information to a government institution and in certain circumstances, a person employed by the government institution (a government official) may obtain the information; make a record of the information; disclose the information or use the information. They may only do this for a permitted purpose which includes:
- the enforcement of criminal law
- the safety or wellbeing of children
- investigatory, disciplinary or employment processes related to the safety or wellbeing of children.
The official must only use the information as part of their job role with the institution, and they must not be prevented from doing so by another Commonwealth, state or territory Act.
A person who is not an officer of the Scheme, or an officer of a government institution, may disclose protected information to a government institution. The disclosure must be reasonably necessary for a permitted purpose, and the disclosure must be permitted or required under a Commonwealth, state or territory law.
Disclosures of protected information to a court or tribunal by a person
An officer cannot disclose protected information or information from the Assessment Framework Policy Guidelines (the Guidelines) to a court or tribunal for the purposes of any civil proceedings. An officer may disclose information if it is done for the purposes of giving effect to the NRSAct. This includes a situation where the disclosure of information is in civil proceedings for judical review of a decision made under the Act.
An officer may also disclose information in the following circumstances:
- if the disclosure of the information gives effect to the Act
- in civil proceedings, but only as a result of a person providing false or misleading documents, information or statements to the Scheme
- the person obtained the information before or separate to the Scheme.
An officer, court or tribunal cannot publish any protected information, or information from the Guidelines.
Disclosures made in good faith
A person may inadvertently disclose information other than for the purposes of the Scheme. So long as the person is or was acting in good faith, with no malicious intent, the person is not liable to any civil or criminal proceedings, or disciplinary action, for disclosing this information. The person also cannot be held to have breached any code of professional etiquette or ethics, or departed from any accepted standards of professional conduct.
Act reference: NRSAct section 97 Additional authorisation-disclosing etc. for a permitted purpose, section 105 Disclosures to a court or tribunal, section 106 Disclosing information in good faith