s 274

Information sharing

In force

(1)

In this section —

authorised officer means the CEO or a person designated under subsection (2);

guidelines means guidelines issued under subsection (7);

information sharing agency means any of the following —

(a)

the department of the Public Service principally assisting in the administration of the Animal Welfare Act 2002;

(b)

the department of the Public Service principally assisting in the administration of the Biosecurity and Agriculture Management Act 2007;

(c)

the department of the Public Service principally assisting in the administration of the Bush Fires Act 1954;

(d)

the department of the Public Service principally assisting in the administration of the Environmental Protection Act 1986;

(e)

the department of the Public Service principally assisting in the administration of the Fish Resources Management Act 1994;

(f)

the department of the Public Service principally assisting in the administration of the Health Act 1911;

(g)

the department of the Public Service principally assisting in the administration of the Land Administration Act 1997;

(h)

the department of the Public Service principally assisting in the administration of the Pearling Act 1990;

(i)

the Forest Products Commission established by the Forest Products Act 2000;

(j)

the Police Force of Western Australia;

(k)

the Western Australian Land Information Authority established by the Land Information Authority Act 2006;

(l)

the Western Australian Museum constituted under the Museum Act 1969;

(m)

the agency of the Commonwealth principally assisting in the administration of the EPBC Act;

(n)

a public authority prescribed for the purposes of this definition;

(o)

an agency of the Commonwealth, another State, or a Territory, prescribed for the purposes of this definition;

officer, in relation to an information sharing agency, means —

(a)

an officer or employee in or of the agency; or

(b)

if the agency is the Police Force of Western Australia — a member of the Police Force of Western Australia;

relevant information means information relevant to the administration or enforcement of this Act.

(2)

The CEO may, in writing, designate a person employed in the Department as an authorised officer for the purposes of this section.

(3)

An authorised officer may, in accordance with the guidelines, disclose relevant information to an officer of an information sharing agency.

(4)

An authorised officer may, in accordance with the guidelines, request a public authority that holds relevant information to disclose the information to the authorised officer.

(5)

Information may be disclosed under subsection (3), or in compliance with a request under subsection (4), despite any written law relating to confidentiality or secrecy.

(6)

If information is disclosed, in good faith, under subsection (3), or in compliance with a request under subsection (4) —

(a)

no civil or criminal liability is incurred in respect of the disclosure; and

(b)

the disclosure is not to be regarded as a breach of any duty of confidentiality or secrecy imposed by law; and

(c)

the disclosure is not to be regarded as a breach of professional ethics or standards or as unprofessional conduct.

(7)

The CEO must issue guidelines as to the disclosure of information under subsection (3) and the requesting of information under subsection (4).

(8)

The regulations may include provisions about —

(a)

receiving and storing information disclosed for the purposes of this Act; and

(b)

restricting access to such information.

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