Office for Early Childhood Development Act 2024

This section applies to the following entities:

the Office;

the Department;

the Commissioner for Children and Young People;

the Commissioner for Aboriginal Children and Young People;

the Guardian for Children and Young People;

the Child Development Council;

a State authority;

government and non‑government schools;

an education and care service within the meaning of the Education and Care Services National Law;

the Association of Independent Schools of South Australia;

Catholic Education South Australia;

the South Australian Aboriginal Community Controlled Organisation Network Inc;

any other entity, or entity of a class, prescribed by the regulations.

Despite any other Act or law, an entity to which this section applies (the provider) may, in accordance with any requirement set out in the regulations, provide prescribed information and documents to another entity to which this section applies (the recipient) if the provider reasonably believes that the provision of the information or documents—

would assist the recipient to perform official functions relating to—

the education or early childhood development of a child or class of children; or

the health, safety, welfare or wellbeing of a child or class of children; or

would otherwise further the purposes of this Act.

Subject to this section, but despite any other Act or law, information or documents that do not directly or indirectly disclose the identity of any person may be provided by one entity to whom this section applies to another without restriction.

Subsection (3) applies whether or not the information or documents—

consist of or include prescribed information and documents; and

ever disclosed the identity of a person, or have been redacted so as to de‑identify it.

Information or documents may be provided under this section whether or not the provider has been requested to provide the information or documents.

A recipient of prescribed information or documents under this section must not (unless the information or documents are provided to another entity to which this section applies) disclose or communicate the information or documents to another entity except where the disclosure or communication—

is required to assist the recipient in the proper performance of official functions or duties relating to the education, early childhood development, health, safety, welfare or wellbeing of a child; or

is required to assist the recipient in the management of any risk to a child or class of children that might arise in the entity's capacity as an employer or provider of services; or

is reasonably required to lessen or prevent a serious threat to the life, health or safety of a child or other person; or

is required or authorised under this Act or any other Act or law; or

is required or authorised by an order of a court or tribunal; or

is with the consent of—

in the case of information or documents that relate to a particular child—a person responsible for the child to whom it relates; or

in any other case—the person to whom the information or documents relate; or

is in circumstances or for a purpose prescribed by the regulations. Maximum penalty: Maximum penalty: $10 000.

Prescribed information or documents provided under subsection (2) for a particular purpose must not be used for any other purpose by—

the recipient of the information or document; or

any other person who gains access to the information or document (whether properly or improperly and whether directly or indirectly). Maximum penalty: Maximum penalty: $10 000.

Despite subsection (6) or (7), the Office may publish information or documents received under this section (including, to avoid doubt, prescribed information and documents) if—

the Office is of the opinion that to do so would further the objects of this Act; and

the publication could not reasonably be expected to lead to the identification of any person to whom the information or document relates.

In this section—

prescribed information and documents means—

information or documents relating to the development, health, education, safety, welfare or wellbeing of a particular child, or children of a particular class; or

any other information or document of a kind prescribed by the regulations.