CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 866 Court may order sensitive information to be given or produced

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 866

    (1)     A court may, in any proceeding, order an information holder to—

        (a)     give sensitive information to the court; or

        (b)     produce a document containing sensitive information to the court.

    (2)     However, the court must not allow information given or produced to it under subsection (1) to be given to the parties to the proceeding unless satisfied that—

        (a)     the information is materially relevant to the proceeding; and

        (b)     if the information is about a child or young person—the best interests of the child or young person are protected.

    (3)     In making a decision under subsection (2), the court must consider the desirability of protecting the identity of a person who made a child concern report, confidential report or interstate care and protection report.

    (4)     To enable the court to make a decision under subsection (2), the court must allow the information holder to be heard in relation to its disclosure to the parties.

    (5)     In making a decision under subsection (2), the court must deal with the information given or produced under subsection (3) in a way that ensures the information is not divulged or produced to anyone else.

    (6)     In particular, the court must ensure that no copies of the information can be made without leave of the court.

    (7)     If the court decides not to allow a document produced to it under subsection (1) (b) to be given to the parties, the court must return the document to the information holder.