Child Safety placed a know male paedophile into a foster families home who had 3 young daughter. The predator molested the 3 girls the pedifile sexually assaulted them with added violence. His victim before these assaults, was a 3 year old baby girl Judge Sarah Bradley set him free with no conviction recorded thus allowing him with a clean slate to enter another home. Child Protection Act 1999 Chapter 6 Enforcement and legal proceedings Part 6 Confidentiality Reprint 6D effective 1 July 2010 Page 209 Division 2 Confidentiality in relation to administration of Act 186 Confidentiality of notifiers of harm or risk of harm (1) This section applies if a person (the notifier) notifies the chief executive, an authorised officer or a police officer that the notifier suspects - (a) a child has been, is being or is likely to be, harmed; or (b) an unborn child may be at risk of harm after he or she is born. (2) The person who receives the notification, or a person who becomes aware of the identity of the notifier, must not disclose the identity of the notifier to another person unless the disclosure is made- (a) in the course of performing functions under this Act or a child welfare law or interstate law of another State to another person performing functions under this Act or a child welfare law or interstate law of another State; or (b) under the Child Protection (International Measures) Act 2003, part 6; or (c) to the ombudsman conducting an investigation under the Ombudsman Act 2001; or (d) to the children's commissioner in compliance with a notice given by the commissioner under the Commissioner's Act requiring the disclosure; or (e) for the performance by the chief executive (adoptions) of his or her functions under the Adoption Act 2009; or (f) by way of evidence given in a legal proceeding under subsections (3) and (4). Maximum penalty - 40 penalty units. (3) Subject to subsection (4)- [s 186] Child Protection Act 1999 Chapter 6 Enforcement and legal proceedings Part 6 Confidentiality Page 210 Reprint 6D effective 1 July 2010 (a) evidence of the identity of the notifier or from which the identity of the notifier could be deduced must not be given in a proceeding before a court or tribunal without leave of the court or tribunal; and (b) unless leave is granted, a party or witness in the proceeding - (i) must not be asked, and, if asked, can not be required to answer, any question that can not be answered without disclosing the identity of, or leading to the identification of, the notifier; and (ii) must not be asked to produce, and, if asked, can not be required to produce, any document that identifies, or may lead to the identification of, the notifier. (4) The court or tribunal must not grant leave unless - (a) it is satisfied - (i) the evidence is of critical importance in the proceeding; and (ii) there is compelling reason in the public interest for disclosure; or (b) the notifier agrees to the evidence being given in the proceeding. (5) In deciding whether to grant leave, the court or tribunal must take into account- (a) the possible effects of disclosure on the safety or welfare of the notifier and the notifier's family; and (b) the public interest in maintaining confidentiality of notifiers. (6) As far as practicable, an application for leave must be heard in a way that protects the identity of the notifier pending a decision on the application. [s 187] - Child Protection Act 1999 Chapter 6 Enforcement and legal proceedings Part 6 Confidentiality Reprint 6D effective 1 July 2010 Page 211 187 Confidentiality of information obtained by persons involved in administration of Act (1) This section applies to a person who - (a) is or has been - (i) a public service employee, a person engaged by the chief executive, or a police officer, performing functions under or in relation to the administration of this Act; or (ii) a licensee or the executive officer of a corporation that is a licensee; or (iii) a person employed or engaged by a licensee to perform functions under or in relation to the administration of this Act; or (iv) an approved carer or other person in whose care a child has been placed under this Act; or (v) a member of, or person employed or engaged by, a recognised Aboriginal or Torres Strait Islander agency; or (vi) a recognised entity or member of a recognised entity; or (vii) a person attending a case planning meeting or participating in another way in the development of a child's case plan; or (viii)a person participating in the revision of a child's case plan; or (ix) a member of the SCAN system, or a representative of a member, performing functions under or in relation to chapter 5A, part 3; or (x) a prescribed entity, or person engaged by a prescribed entity, performing functions under or in relation to chapter 5A, part 4; and [s 187] Child Protection Act 1999 Chapter 6 Enforcement and legal proceedings Part 6 Confidentiality Page 212 Reprint 6D effective 1 July 2010 (b) in that capacity acquired information about another person's affairs or has access to, or custody of, a document about another person's affairs. (2) The person must not use or disclose the information, or give access to the document, to anyone else. Maximum penalty - 100 penalty units or 2 years imprisonment. (3) However, the person may, subject to section 186, use or disclose the information or give access to the document to someone else - (a) to the extent necessary to perform the person's functions under or in relation to this Act; or (b) if the use, disclosure or giving of access is for purposes related to a child's protection or welfare; or Example - An approved carer in whose care a child has been placed under this Act may disclose relevant information about the child to a person, including, for example, a school teacher or member of the carer's immediate family, to help the person understand and meet the child's needs. (c) if the use, disclosure or giving of access- (i) relates to the chief executive's function of cooperating with government entities that have a function relating to the protection of children or that provide services to children in need of protection or their families; or (ii) is for the performance by the chief executive (adoptions) of his or her functions under the Adoption Act 2009; or (iii) is otherwise required or permitted under this division or another law. (4) Also, the person may disclose the information or give access to the document- [s 188] Child Protection Act 1999 Chapter 6 Enforcement and legal proceedings Part 6 Confidentiality Reprint 6D effective 1 July 2010 Page 213 (a) to another person, to the extent that the information or document is about the other person; or (b) to the chief executive or an authorised officer, to enable the proper administration of chapter 4. (5) To remove any doubt, it is declared that a person participating in the development, implementation or revision of a child's case plan under this Act is performing a function under this Act. (6) In this section - recognised Aboriginal or Torres Strait Islander agency means a recognised Aboriginal or Torres Strait Islander agency under this Act before the commencement of the Child Safety Legislation Amendment Act 2005, section 64. 188 Confidentiality of information given by persons involved in administration of Act to other persons (1) This section applies if the chief executive, an authorised officer, another prescribed entity, a police officer or anyone else in the course of performing functions under or in relation to the administration of this Act, gives a person (the receiver) information or a document about another person's affairs. (2) The receiver must not use or disclose the information, or give access to the document, to anyone else. Maximum penalty-100 penalty units or 2 years imprisonment. (3) However, the receiver may, subject to section 186, use or disclose the information or give access to the document to someone else - (a) if the use, disclosure or giving of access is for purposes directly related to a child's protection or welfare; or (b) if the use, disclosure or giving of access is for purposes directly related to obtaining information requested by the chief executive under section 246C; or [s 188A] Child Protection Act 1999 Chapter 6 Enforcement and legal proceedings Part 6 Confidentiality Page 214 Reprint 6D effective 1 July 2010 (c) if the use, disclosure or giving of access is otherwise required or permitted by law. 188A Police use of confidential information (1) This section applies if a police officer acquires information as provided for in section 187(1). (2) The officer, and any other police officer to whom the information is disclosed under this section, may use the information to the extent necessary to perform his or her functions as a police officer. (3) A police officer must not use the information under this section for an investigation or for a proceeding for an offence unless the officer, or another police officer, has consulted with the following entities about the proposed use - (a) the chief executive; (b) if the information was acquired under chapter 5A, part 3, from a member of the SCAN system-the member; (c) if the information was acquired from a prescribed entity under chapter 5A, part 4-the prescribed entity. (4) The purpose of a consultation under subsection (3) is to consider whether the proposed use of the information for the investigation or proceeding would be in the best interests of any child. (5) Subsection (3) does not apply- (a) if the information concerns an offence committed against a child; or (b) to the extent that the police officer needs to use the information immediately to perform the officer's functions as a police officer. (6) This section applies subject to section 186. (7) In this section - information includes a document. [s 188B] Child Protection Act 1999 Chapter 6 Enforcement and legal proceedings Part 6 Confidentiality Reprint 6D effective 1 July 2010 Page 215 Click here to read The Complete Child Protection Act 1999 ©Copyright Granny's' Message 2011