March 27th, 2025
Latest News
Following the recent Four Corners broadcast, ACA NSW members would have heard about the NSW Parliament agreeing to the release of a number of internal government documents (including communications between the NSW Regulatory Authority and 25 particular early childhood education and care Approved Providers), under the NSW Legislative Council's Standing Order 52 (SO52).
Notwithstanding legitimate concerns that the release of such documents may reveal information about individual children and/or about ongoing criminal proceedings, the NSW Parliamentary request was given legal support by their independent legal arbiter (the Hon Keith Mason AC KC)
Essentially, the independent legal arbiter's published view is essentially that there are sufficient safeguards protecting the necessary information (eg redaction of text) and all other information requested are not privileged.
Due to the NSW Parliament's own moral obligations to observe privacy legislation as well as police processes for investigations, the release of documents normally obliges them to be within the confines of the NSW Parliament and not to be in the public domain. (NOTE: Typically, they are physically made available inside the NSW Parliament House for inspection by the Member(s) of Parliament.)
It is worth noting that the early childhood education and care sector's National Law includes legal obligation for the disclosure of information to others, including:
Section 271 - Disclosure of information to other authorities
Section 272 - Disclosure of information to education and care services
Notwithstanding, should any documents or information were subsequently made public by the NSW Parliament and cause potential harm/injury to cited individuals and entities, those impacted have a legal Right of Reply to respond and have it published in the parliamentary Hansard (which is also publicly available).
Under Australia's and NSW's Westminster form of government and democracy, documents and information once included in Hansard cannot be removed. But the determination of truth relies upon all sides' information being presented and recorded.
Hence, assuming parliamentary processes have been adhered to, court injunctions and defamation suits are unlikely to be successful.
For any further information/clarification, please contact the ACA NSW team via 1300 556 330 or nsw@childcarealliance.org.au.
PUBLISHED: 27 MARCH 2025
