Document ID: chunk:federal_register_of_legislation:C2024A00118:clause:2_10ke:p1
Version: federal_register_of_legislation:C2024A00118
Segment Type: clause
Provision Reference: sch 2 cl 10KE (pt 1/2)
Character Range: 75243–77884

10KE  Confidentiality of certain safety‑related information
 (1) A person who is or has been an entrusted person must not use or disclose safety information obtained by the person in their capacity as an entrusted person, unless the use or disclosure is required or authorised by this section.
 (2) The following are entrusted persons:
 (a) a CCS practitioner or a CCS business;
 (b) a director or other officer of a CCS business;
 (c) a person employed or engaged to perform work (whether paid or unpaid) for or on behalf of a CCS business.
 (3) Safety information is information that relates to the risks of harm to a child or a member of a child's family, or to the identification and management of such risks, if:
 (a) children's contact services have been, are being, or will be, provided to the child; and
 (b) the risks are those that may arise in connection with the use, facilitation or provision of the service.
 (4) An entrusted person must disclose safety information if the entrusted person reasonably believes the disclosure is necessary for the purpose of complying with a law of the Commonwealth, a State or a Territory.
 (5) An entrusted person may use safety information for the purposes of performing the person's functions as an entrusted person.
 (6) An entrusted person may disclose safety information to one or more other entrusted persons if:
 (a) each of the entrusted persons is any of the following in relation to a particular CCS business:
 (i) a director or officer of the CCS business;
 (ii) employed or engaged to provide children's contact services for, or on behalf of, the CCS business;
 (iii) employed or engaged to perform other work (whether paid or unpaid) for, or on behalf of, the CCS business; and
 (b) it is reasonable to disclose the safety information to enable the CCS business to appropriately provide children's contact services in respect of the child.
 (7) An entrusted person may use or disclose safety information that is a communication (including an admission) made by an individual to an entrusted person, if consent to the use or disclosure is given by:
 (a) if the person who made the communication is 18 or over—that person; or
 (b) if the person who made the communication is 15, 16 or 17 and has the capacity to consent—that person; or
 (c) if the person who made the communication is a child under 15 or a child to whom paragraph (b) does not apply:
 (i) each person who has parental responsibility (within the meaning of Part VII) for the child; or
 (ii) a court.
 (8) An entrusted person may use or disclose safety information if the entrusted person reasonably believes that the