101MConfidentiality of
information
(1)
A Team-related person must not make a record of,
or directly or indirectly disclose to any person, any information (including
the contents of any document) that was acquired by the person by reason of
being a Team-related person, unless:
(a)
the record or disclosure is made in good faith
for the purpose of exercising a function under this Chapter,
or
(b)
the record or disclosure is authorised to be made
by the Convenor in connection with research that is undertaken for the purpose
of helping to prevent or reduce the likelihood of domestic violence deaths in
New South Wales, or
(c)
the record or disclosure is made by the Convenor
for the purpose of:
(i)
providing information to the Commissioner of
Police in connection with a possible criminal offence, or
(ii)
reporting to the Director-General of the
Department of Human Services that a child or class of children may be at risk
of harm, or
(iii)
providing information to the State Coroner that
may relate to a death that is within the jurisdiction of the State Coroner,
whether or not the death has been the subject of an inquest under this Act,
or
(iv)
providing information to the Child Death Review
Team in connection with that Team’s functions, or
(v)
providing information to the Ombudsman concerning
the death of a person that is relevant to the exercise of any of the
Ombudsman’s functions, or
(vi)
giving effect to any agreement or other
arrangement entered into under this Chapter or with coroners in other
jurisdictions for the exchange of information, or
(vii)
providing information to a national database
compiled for the purposes of, and contributed to by, coroners of States and
Territories, or
(d)
the record or disclosure is made by a member of
the Team to a Minister, or to a Department Head, chief executive officer or
senior member of any department of the Government or a statutory body, in
connection with a draft report prepared for the purpose of this
Chapter.
Maximum penalty: 50 penalty units or imprisonment
for 12 months, or both.
(2)
A Team-related person who makes a record or
disclosure that is authorised under this section in connection with research
that is undertaken for the purpose of helping to prevent or reduce the
likelihood of domestic violence deaths in New South Wales must ensure that the
information does not identify a person who is the subject of the
information.
(3)
A Team-related person is not required:
(a)
to produce to any court any document or other
thing that has come into the person’s possession, custody or control,
or
(b)
to reveal to any court any information that has
come to the person’s notice,
by reason of being a Team-related
person.
(4)
Any authority or person to whom any information
referred to in subsection (1) is revealed, and any person or employee under
the control of that authority or person:
(a)
is subject to the same obligations and
liabilities under subsections (1) and (2), and
(b)
enjoys the same rights and privileges under
subsection (3),
in respect of that information as if he or she were a
Team-related person who had acquired the information for the purpose of the
exercise of the functions of the Team. Failure to comply with obligations and
liabilities referred to in this subsection is taken to be a contravention of
subsection (1).
(5)
In this section:
court includes any tribunal or
person having power to require the production of documents or the answering of
questions.
produce includes permit access
to.
Team-related person means a member
of the Team, a member of staff of the Team and any person engaged to assist
the Team in the exercise of its functions, including persons appointed under
section 101I.
ch 9A, Parts
9A.2–9A.5 (ss 101D–101P): Ins 2010 No 28, Sch 1
[3].