National Commission for Aboriginal and Torres Strait Islander Children and Young People Act 2026

A person commits an offence if:

the person is, or has been, an entrusted person; and

the person obtained or generated information in the person’s capacity as an entrusted person; and

the information is protected information; and

the person uses or discloses the protected information.

Subsection (1) does not apply if the use or disclosure of the protected information is authorised by or under Division 4.

A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.

Each of the following persons is an entrusted person:

the National Commissioner;

a member of the staff of the National Commission;

a person assisting the National Commissioner under subsection 36(1);

a consultant engaged under section 37.

Protected information is relevant information that is:

information obtained by the National Commissioner under section 39 or 43; or

protected personal information.

Relevant information is information obtained or generated by a person in the course of or for the purposes of:

performing functions or duties, or exercising powers, under or for the purposes of this Act; or

assisting another person to perform functions or duties, or exercise powers, under or for the purposes of this Act.

Protected personal information is:

personal information that if disclosed (whether alone or in conjunction with other information) would, or could reasonably be expected to:

endanger the safety of the individual; or

cause harm to the individual’s physical or mental health; or

have a substantial adverse effect on the individual’s lawful business, professional, commercial or financial affairs; or

expose the individual to a substantial risk of being a victim of identity fraud; or

information that if disclosed (whether alone or in conjunction with other information) would, or could reasonably be expected to disclose, or enable a person to ascertain, the existence or identity of a confidential source of information in relation to the enforcement or administration of the law.