Commissioner may request information from entities about registered people
53 Commissioner may request information from entities about registered people
The commissioner may, in writing, request information or advice from any entity the commissioner considers may be able to give information or advice that is relevant to whether a registered person continues to pose no risk or an acceptable risk of harm to a vulnerable person.
Example an updated criminal history report from the chief police officer
An entity that receives a request from the commissioner must, as far as practicable, comply with the request.
An entity that gives the commissioner information or advice in response to a request under this section does not contravene any duty of confidentiality the entity has under a territory law or agreement, despite anything to the contrary in the law or agreement.
An entity commits an offence if—
the commissioner makes a request under subsection (1); and
the entity fails to comply with the request.
Maximum penalty: 50 penalty units.
Subsection (4) does not apply if the entity has a reasonable excuse for failing to comply with the request.
An offence against this section is a strict liability offence.
In this section:
information does not include information that, under the Children and Young People Act 2008, section 857, must not be given to a person.
This Act’s bill:Explanatory statementSecond reading speech
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