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Women’s Charter 1961 · s 91S

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s 91SImmunity and offence relating to access, use or disclosure of information under this Part

(1)

Subject to subsections (2), (3) and (4), any person who —

(a)

knowing that any information about any other person was provided or obtained under any provision of section 84(2) or 86, accesses, uses or discloses the information, without the written consent of that other person; or

(b)

accesses, uses or discloses any MEO’s report or any information in an MEO’s report, without the written consent of the applicant and respondent to whom the MEO’s report or the information relates,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.

(2)

Subsection (1) does not apply in relation to any information or any MEO’s report that is publicly available, whether for a fee or otherwise.

(3)

No person shall be guilty of an offence under any written law or of any breach of confidence, shall incur any civil liability or shall be liable to any disciplinary action, by virtue merely of doing any of the following in good faith and with reasonable care:

(a)

complying with a direction under section 86(4)(a);

(b)

complying with an order of the court under section 86(3) or (4)(c) or a direction of the court under section 90(5);

(c)

making information available to an MEO on a prescribed data‑sharing platform for the purpose of section 86(4)(b);

(d)

accessing or using information provided or obtained under any provision of section 84(2) or 86, or using any MEO’s report or any information in an MEO’s report, in relation to a maintenance enforcement application for the purpose of —

(i)

assessing whether financial assistance ought to be provided to the applicant or respondent in the application and, if so, the terms of the financial assistance;

(ii)

conducting or facilitating a conciliation session under section 88 in relation to that application;

(iii)

preparing or assisting in the preparation of an MEO’s report, in relation to that application, for submission to the court, or provision to an applicant or a respondent, under section 89 in relation to that application; or

(iv)

administering any maintenance enforcement order mentioned in section 91B(1)(e) made by the court against a respondent;

(e)

submitting an MEO’s report to the court in proceedings in any subsequent maintenance enforcement application under section 91(2) or in any subsequent proceedings under section 91(3).

(4)

In addition, where —

(a)

a direction under section 86(4)(a) is given to a prescribed third party;

(b)

an order of the court under section 86(3) or (4)(c) or a direction of the court under section 90(5) is directed to a bank, a third party or an MEO; or

(c)

information is made available by a prescribed third party to an MEO on a prescribed data‑sharing platform for the purpose of section 86(4)(b),no person who is an officer, employee or agent of that prescribed third party, bank, third party or MEO (as the case may be) (called in this subsection the principal), shall be guilty of an offence under any written law or of any breach of confidence, shall incur any civil liability or shall be liable to any disciplinary action, by virtue merely of doing any thing in good faith and with reasonable care, for the purpose of the principal complying with that order or direction, or making the information available to the MEO, as the case may be.

(5)

For the purposes of subsection (3)(d)(iii), a person assists in the preparation of an MEO’s report only if that person —

(a)

is authorised by the Minister (or by any person authorised by the Minister) to provide administrative support services to enable any MEO to carry out, or otherwise facilitate the carrying out of, an MEO’s functions and duties; and

(b)

provides the assistance upon the request of an MEO.

(6)

Subsections (3) and (4) apply —

(a)

despite any other written law; and

(b)

whether or not any person accessing, using or disclosing information under those provisions is under any obligation (imposed by any written law or otherwise) not to access, use or disclose the information.