(a) the making of the
report does not constitute a breach of professional etiquette or ethics or a
departure from accepted standards of professional conduct, and
(b) no
liability for defamation is incurred because of the report, and
(c) the
making of the report does not constitute a ground for civil or criminal
liability against the person making the report, and
(d) the report, or
evidence of its contents, is not admissible in any proceedings other than the
following proceedings (and appeals arising from the following proceedings)--
(e) a person cannot be compelled in any proceedings to produce
the report or a copy of or extract from it or to disclose or give evidence of
any of its contents, and
(f) the identity of the person who made the report,
or information from which the identity of that person could be deduced, must
not be disclosed by any person or body, except with--
(i) the consent of the
person who made the report, or
(ii) the leave of a court or other body before
which proceedings relating to the report are conducted,
and, unless that
consent or leave is granted, a party or witness in any such proceedings must
not be asked, and, if asked, cannot be required to answer, any question that
cannot be answered without disclosing the identity or leading to the
identification of that person.
(1A) A certificate purporting to be signed by
the Secretary that a document relating to a child or young person or a class
of children or young persons is a report to which this section applies is
admissible in any proceedings and, in the absence of evidence to the contrary,
is proof that the document is such a report.
(2) A court or other body cannot
grant leave under subsection (1)(f)(ii) unless the court or other body is
satisfied that the evidence is of critical importance in the proceedings and
that failure to admit it would prejudice the proper administration of justice.
(3) A court or other body that grants leave under subsection (1)(f)(ii)--
(a)
must state the reasons why leave is granted, and
(b) must ensure that the
holder of the report is informed that evidence as to the identity of the
person who made the report, or from which the identity of that person could be
deduced, has been disclosed.
(3A) The protections given by this section to a
person who makes a report apply to--
(a) any person who provided information
on the basis of which the report was made, in good faith, to the person, and
(b) any person who otherwise was in good faith concerned in making such a
report or causing such a report to be made,
in the same way as they apply in
respect of the person who actually made the report.
(4) Subsection (1)(f)
does not prevent the disclosure of information from which the identity of a
person may be deduced if the prohibition on the disclosure of that information
would prevent the proper investigation of the report.
(4A) Subsection (1)(f)
also does not prevent the disclosure to a law enforcement agency of the
identity of the person who made the report (
"the reporter" ), or information from which the identity of the reporter could
be deduced, if--
(b) the disclosure is necessary for the purposes of
safeguarding or promoting the safety, welfare and well-being of any child or
young person (whether or not the victim of the alleged offence).
(4B)
However, subsection (4A) does not apply unless--
(b) the person or body that makes the disclosure has, before
making the disclosure, certified in writing that it is impractical to obtain
the consent of the reporter.
(4C) The person or body that discloses to a
law enforcement agency the identity of the reporter, or the information from
which the identity of the reporter could be deduced, is required to notify
the reporter of the disclosure unless--
(a) it is not reasonably practicable
in the circumstances to do so, or
(b)
conduct occurring elsewhere than in New South Wales that, if occurring in New
South Wales, would be reportable conduct under paragraph (a).
"senior officer" means--
(a) in relation to the NSW Police Force--a
commissioned police officer within the meaning of the Police Act 1990 , or
(b) in relation to any other law enforcement agency--a person (or class of
persons) prescribed by the regulations as a senior officer of the agency.
"serious offence" means--
(a) a serious indictable offence within the meaning
of the Crimes Act 1900, or
(b) an offence committed elsewhere than in New
South Wales that, if committed in New South Wales, would be an offence under
paragraph (a).
Note : It is an offence under section 254 for a person to
disclose any information obtained in connection with the administration or
execution of this Act, except in certain circumstances. The maximum penalty is
10 penalty units (currently $1,100) or imprisonment for up to 12 months, or
both.