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COMMONWEALTHAct
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s 97

Additional authorisation—disclosing etc. for a permitted purpose

In force
Chapter 4Administrative matters
Part 4‑3Protecting information under the scheme
Division 2Use and disclosure of protected information

97 Additional authorisation—disclosing etc. for a permitted purpose

Disclosure, use etc. by a government official

(1)

If protected information is disclosed to a government institution, then an employee or officer of the institution (the government official) may:

(a)

obtain the information; or

(b)

make a record of the information; or

(c)

disclose the information to a person; or

(d)

use the information;

if:

(e)

the government official does so for any of the following purposes (a permitted purpose):

(i)

the enforcement of the criminal law;

(ii)

the safety or wellbeing of children;

(iii)

investigatory, disciplinary or employment processes related to the safety or wellbeing of children;

(iv)

a purpose prescribed by the rules; and

(f)

the government official does so in the official’s capacity as an employee or officer of the government institution; and

(g)

a law of the Commonwealth (other than this Part), or of a State or a Territory, does not prohibit the government official from doing so.

Disclosure by a person to a government institution

(2)

If:

(a)

a person is satisfied that disclosure of protected information is reasonably necessary for a permitted purpose; and

(b)

a law of the Commonwealth, a State or a Territory requires or permits the person to disclose the information to a government institution that has functions that relate to the permitted purpose;

then the person may disclose the information to the government institution for that purpose.

(3)

Subsection (2) does not apply if the person is:

(a)

an officer of the scheme; or

(b)

an employee or officer of a government institution.

Officers of government institutions

(4)

The rules may prescribe that specified persons are officers of a government institution for the purposes of subsection (1) or paragraph (3)(b).

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Section 97 — Additional authorisation—disclosing etc. for a permitted purpose — National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Commonwealth) — Barrister AI