Victorian Numbered Acts

CHILD WELLBEING AND SAFETY (CHILD SAFE STANDARDS COMPLIANCE AND ENFORCEMENT) AMENDMENT ACT 2021 (NO. 23 OF 2021) - SECT 39

    (1)     In section 40 of the Principal Act, for the definition of protected information substitute —

""protected information" means information acquired by a relevant person—

        (a)     in the case of a relevant person that is an integrated sector regulator, in the course of—

              (i)     performing functions or exercising powers under this Part; or

              (ii)     performing functions or exercising powers under an authorising Act that relate to the Child Safe Standards; or

        (b)     in any other case, in the course of performing functions or exercising powers under this Part;".

    (2)     In section 40 of the Principal Act insert the following definitions—

""exempt information" means information, including but not limited to protected information, the use or disclosure of which could be reasonably expected to—

        (a)     endanger a person's life or result in physical injury; or

        (b)     prejudice the investigation of a breach or possible breach of the law, or prejudice the enforcement or proper administration of the law, in a particular instance; or

        (c)     prejudice a coronial inquest or inquiry; or

        (d)     prejudice the fair trial of a person or the impartial adjudication of a particular case; or

        (e)     disclose, or enable a person to ascertain, the identity of a confidential source of information in relation to the enforcement or administration of the law; or

        (f)     contravene a court order or a provision made by or under this Act or any other Act that—

              (i)     prohibits or restricts, or authorises a court or tribunal to prohibit or restrict, the publication or other disclosure of information for or in connection with any proceeding; or

              (ii)     requires or authorises a court or tribunal to close any proceeding to the public;

"exempt integrated sector regulator" means an integrated sector regulator that is prescribed not to be a relevant person;

"privilege information" means information, including but not limited to protected information, the use or disclosure of which could be reasonably expected to disclose the contents of a document, or a communication, that is of such a nature that the contents of the document, or the communication, would be privileged from production in legal proceedings on the ground of legal professional privilege or client legal privilege;".

    (3)     In section 40 of the Principal Act, before paragraph (a) of the definition of relevant person insert —

    "(aa)     the Commission;

        (aab)     a sector regulator;

        (aac)     an integrated sector regulator (other than an exempt integrated sector regulator);".

    (4)     In section 40 of the Principal Act—

        (a)     in paragraph (e) of the definition of "relevant person", for "Commission." substitute "Commission;";

        (b)     after paragraph (e) of the definition of relevant person insert —

    "(f)     an officer (however described) of a sector regulator or an integrated sector regulator (other than an exempt integrated sector regulator);    

        (g)     a delegate of a sector regulator or an integrated sector regulator (other than an exempt integrated sector regulator);

        (h)     a person employed or engaged by a sector regulator or an integrated sector regulator (other than an exempt integrated sector regulator).".