s 184

Information sharing

In force

(1)

In this section —

authorised officer means an officer designated under subsection (2);

guidelines means guidelines issued under subsection (7);

information sharing agency means any of the following —

(a)

the department principally assisting in the administration of this Act;

(b)

the department principally assisting in the administration of the Health (Miscellaneous Provisions) Act 1911;

(c)

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

(d)

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

(e)

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

(fa)

the department principally assisting in the administration of the Food Act 2008;

(fb)

the department principally assisting in the administration of the Public Health Act 2016;

(f)

the department principally assisting in the administration of the Biodiversity Conservation Act 2016;

(g)

the department principally assisting in the administration of the Conservation and Land Management Act 1984;

(h)

the Police Force;

(i)

a public authority 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 — a member of the Police Force;

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

(2)

The Director General may designate an officer of the department as an authorised officer for the purposes of this section.

(3)

An officer of the department may, in accordance with the guidelines, disclose relevant information to —

(a)

another officer of the department; or

(b)

an officer of another information sharing agency.

(4)

An authorised officer may, in accordance with the guidelines, request a public authority which or who 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 law of the State relating to secrecy or confidentiality.

(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 Director General 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.

[Section 184 amended: No. 19 of 2016 s. 108 and 279(1); No. 24 of 2016 s. 311(5).]

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