Page 741 - Week 02 - Thursday, 25 February 2010
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A further information-sharing amendment is the provision of information to police at section 865A. The act provides that an information holder must produce or give protected information to a court or investigative entity when doing so is required or authorised by the act or another territory law.
The act provides no specific limitations on the provision of sensitive information when required by an investigative entity acting under lawful authority. In addition, the act currently enables the details of a report to be provided to police with the exception of the identity of the reporter.
The proposed amendment seeks to expand the details of the report to include information about a reporter that could be provided to police as an investigative entity in certain circumstances. During the initial course of an investigation, police, as an investigative authority, do not have the power to require the production of documents or answering of questions.
The proposed amendment seeks to authorise the chief executive to provide reporters’ details to the police at this earlier point in time—to assist in the investigation of an alleged criminal offence committed against a child or young person or children or young people. For example, it might be in relation to a report that contains information about an alleged or known paedophile.
The amendment also provides that the chief executive may provide police with a reporter’s name when the police request this information when investigating offences disclosed in a child concern report which is referred by the chief executive to the police. The amendment does not affect or modify a court’s or investigative entity’s authority to compel information under a lawful authority.
The amendment maintains a high threshold for the protection of reporter confidentiality. This position is maintained to reflect community expectations regarding protection of children and young people and acknowledging the role of reporters of child abuse and neglect in this process.
The scrutiny of bills committee has commented on this amendment, noting some concerns about the privacy and reputation of the persons subject to an investigation or proceedings. As I have advised the committee, this is sensitive information that the act already enables the chief executive to provide to police when in the best interests of a child or young person. Police, as information holders, are required to comply with the protection provided to information shared under the Children and Young People Act 2008.
A further information-sharing amendment is proposed in section 875 of the act to ensure clarity of interpretation when the information secrecy and sharing provisions of the act interact with other acts. It is the intention of the act that its application is given precedence over other legislation that might otherwise allow or restrict information exchange. The amendment ensures that the restrictions contained in this act continue to apply to an information holder who is performing a function under another law that does not have a purpose under this act.
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