Youth Justice Regulation 2016

For section 297G(4) of the Act, this section prescribes limitations about how, or the circumstances in which, a holder of confidential information relating to a child charged with an offence may, under section 297G(2) of the Act, disclose the information.

The holder must not, under an arrangement established under section 297F of the Act (an arrangement), disclose the confidential information to a recipient unless the holder gives the recipient a written notice stating—

the purpose, mentioned in section 297G(2)(a) to (f) of the Act, that the holder reasonably believes the information may help the recipient to do; and

that the recipient must not disclose the information to another entity under another arrangement unless the holder consents, in writing, to the disclosure.

The notice—

must be given to the recipient before, or at the same time as, the confidential information is disclosed to the recipient; and

stops having effect 6 months after the notice is given or on an earlier day stated in the notice.

Subsection (5) applies if the confidential information was disclosed to the holder by another entity under an arrangement.

The holder must not, under another arrangement, disclose the confidential information to a recipient unless—

the holder requests the other entity’s consent to the disclosure; and

the other entity consents, in writing, to the disclosure; and

the holder complies with any conditions of the consent.

The request under subsection (5)(a) must—

be in writing; and

state the purpose, mentioned in section 297G(2)(a) to (f) of the Act, that the holder reasonably believes the information may help the recipient to do.