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Legislative Assembly for the ACT: 1999 Week 11 Hansard (19 October) . . Page.. 3311 ..

(2) However, if the regulations regulate the way information is to be given or requested under this section, the Minister or chief executive may only act under subsection (1) in accordance with the regulations.

(3) If information is given in good faith and with reasonable care to or by a defined entity under subsection (1), the giving of the information is not-

(a) a breach of confidence, professional etiquette or ethics or a rule of professional conduct; or

(b) the publication of an actionable libel; or

(c) a ground for civil proceedings for malicious prosecution or conspiracy.

(4) This section does not limit any other power to give information.

(5) In this section-

defined entity means-

(a) for a child or young person-

(i) a person with parental responsibility for the child or young person; or

(ii) a carer of the child or young person; or

(b) a Minister; or

(c) a Territory authority or statutory office holder; or

(d) a body established under a law of a State or the Commonwealth;


(e) the holder of an office established under a law of a State or the


As a result of the Privacy Commissioner's comments and also the scrutiny of Bills committee's comments, clause 27 clarifies how the chief executive gets information and assistance. Clause 28 clarifies how the Minister and chief executive can give information to the relevant people and bodies. As we took those two lots of comments into consideration, it was necessary to amend the original clauses, hence I do so. Privacy is an important principle. The Privacy Act is a Commonwealth Act. It is important to balance privacy and the need to give certain people relevant information in appropriate circumstances to protect young people. This is all part of the extensive consultation that was conducted and it identified the need to adjust the two broad statements about giving and receiving information that were in clauses 27 and 28.

Amendments agreed to.

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