CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 353 Reporting breach

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 353

(1)     A person who reasonably believes that a provision of this Chapter, or a condition of an approval in principle or licence, is being contravened may report the circumstances on which the belief is based to the chief executive or an officer.

(2)     If the report is made in good faith—

        (a)     the making of the report is, for all purposes, not a breach of confidence, professional etiquette or ethics or a rule of professional conduct; and

        (b)     no civil or criminal liability is incurred by reason only of the making of the report; and

        (c)     except as provided by this section—

              (i)     the report is not admissible in evidence in any proceeding in a court or tribunal and evidence of its contents is not so admissible; and

              (ii)     no-one may be compelled in any proceeding before a court or tribunal to provide the report or a copy of, or extract from, the report or to disclose, or give evidence of, the contents of the report.

(3)     In any proceeding, evidence as to the grounds contained in a report for the belief that this Chapter or a condition of a licence is being contravened may be given but evidence that—

        (a)     a particular matter is contained in a report; or

        (b)     identifies the person who made the report (the reporter ) as the reporter or is likely to lead to the identification of the person as the reporter;

is only admissible in the proceeding if the court grants leave for the evidence to be given or if the reporter consents in writing to the admission of the evidence.

(4)     A person (other than the reporter) may not disclose information that identifies or tends to identify that it was the reporter who made a report.

Penalty: 50 penalty units.

(5)     It is a defence to a prosecution under subsection (4) if the defendant proves that the reporter consented to the disclosure.

(6)     A court may not grant leave under this section unless satisfied that it is necessary for the evidence to be given—

        (a)     to ensure the safety and wellbeing of a child; or

        (b)     in relation to a charge or allegation made in a proceeding against someone the exercise of his or her powers or performance of his or her duties or functions under this Act; or

        (c)     to decide whether the report was given in good faith.