Confidentiality of early diversion outcome plan
135 Confidentiality of early diversion outcome plan
A person who prepares or receives a copy of an early diversion outcome plan must not give a copy of the early diversion outcome plan to any other person or disclose any information in the early diversion outcome plan unless the giving of that copy or making of that disclosure is authorised under subsection (2).
Penalty: 10 penalty units.
A person may give a copy of an early diversion outcome plan or disclose information in the early diversion outcome plan if the copy is given or the disclosure is made—
to the Children's Court, if the Court made an early diversion group conference order; or
subject to subsection (3), to a person who was required or entitled to attend the early diversion group conference; or
to a person the convenor considers has a genuine and proper interest in supporting a child to complete the early diversion outcome plan; or
with the consent of the child who is the subject of the early diversion outcome plan.
The convenor must not give a copy of an early diversion outcome plan or disclose information in an early diversion outcome plan to a person under subsection (2)(b) if—
the convenor considers that giving the copy or disclosing the information to that person would pose an unacceptable risk of harm to the safety or wellbeing of the child who is the subject of the early diversion outcome plan; or
except in the case where the person is a victim of the alleged offending, the child who is the subject of the early diversion outcome plan does not consent to the person receiving the copy or information.
This Act’s bill:Explanatory memorandumSecond reading speech
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