Inspector of Detention Services Act 2022

This section applies to a person who—

is, or has been, any of the following persons—

the inspector;

an officer of the ombudsman involved in the administration of this Act (a relevant officer of the ombudsman);

a person mentioned in section 9 whom the inspector has arranged to help carry out a review or inspection;

a person mentioned in section 38 whom the inspector has consulted with or engaged to help the inspector perform the inspector’s functions; and

in that capacity, has acquired or has had access to confidential information.

The person must not disclose the confidential information to anyone else, or use the information, other than under this section.Maximum penalty—100 penalty units.

Subject to section 32, a person mentioned in subsection (1) may disclose or use the confidential information to the extent the disclosure or use is—

necessary to perform the person’s functions under or relating to this Act; or

otherwise required or permitted under this Act or another law.

Also, the inspector or a relevant officer of the ombudsman may disclose or use the confidential information—

for confidential information about a person who is an adult—

with the person’s consent; or

if the person is unable to consent—with the consent of a legal guardian of the person; or

for confidential information about a child—

with the consent of the child, if the child has been told—

the information to be disclosed or used; and

the reason for the disclosure or use; and

for disclosure of the information—to whom it is to be disclosed; or

with the consent of a parent or legal guardian of the child.

Further, the inspector may disclose the confidential information—

to a person mentioned in section 9 for helping the inspector carry out a review or inspection, to the extent the disclosure is necessary to help carry out the review or inspection; or

to a referral entity for—

performing a function of the inspector in accordance with an arrangement entered into with the entity under section 20(1); or

referring a matter to the entity under section 20(4); or

for disclosing information in the public interest under section 31; or

to a person mentioned in section 38 for helping the inspector perform a function, to the extent the disclosure is necessary to help perform the function.

A person mentioned in subsection (1), other than a person who is the inspector or a relevant officer of the ombudsman, may also disclose or use the confidential information under subsection (4)(a) or (b), but only with the consent of the inspector or a relevant officer of the ombudsman.