Disability Services Act 1993

A person who is or has been in a situation to which this section applies must not, whether directly or indirectly, record, disclose, or make use of any information obtained because of that situation except —

in the course of duty; or

as required or allowed by this Act or any other law; or

in connection with the investigation of an offence to —

a member of the Police Force of Western Australia or the Australian Federal Police; or

the Director of Public Prosecutions for Western Australia or the Commonwealth; or

an officer of another law enforcement agency established under the law of a State or Territory or the Commonwealth authorised by regulation to receive confidential information under this paragraph;

or

where it is in the public interest to protect the physical safety of an individual; or

for the purpose of enabling or facilitating the investigation by the CEO as defined in section 3 of the Children and Community Services Act 2004, or an officer as defined in that section, of whether or not a child is in need of protection under that Act; or

for the purpose of protection proceedings under the Children and Community Services Act 2004; or

for the purpose of proceedings before the State Administrative Tribunal commenced under the Guardianship and Administration Act 1990; or

if the information is personal information — with the consent of the person, or the person’s guardian; or

in prescribed circumstances.

Penalty: $2 500.

The situations to which this section applies are —

being a member of the Board;

being a member of the personnel of the Commission;

being a person whose services are made use of under section 10, 12A or Part 4A.

[Section 52 amended: No. 44 of 1999 s. 24; No. 34 of 2004 Sch. 2 cl. 7; No. 55 of 2004 s. 467.]