DOMESTIC AND FAMILY VIOLENCE ACT 2007 (NO 34 OF 2007) - SECT 125 Protection of health practitioner reporting domestic violence
DOMESTIC AND FAMILY VIOLENCE ACT 2007 (NO 34 OF 2007) - SECT 125
Protection of health practitioner reporting domestic violence(1) This section applies if a health practitioner:
(a) in the course of the practitioner's health care practice, reasonably forms the belief that:
(i) domestic violence has been or is being committed; and
(ii) the violence has resulted in, or is likely to result in, harm being caused to a person; and
(b) reports (orally or in writing) the belief, and any of the following, to a police officer:
(i) any knowledge of the practitioner forming the grounds for the belief;
(ii) any factual circumstances on which the knowledge is based.
(2) The practitioner is not civilly or criminally liable, or in breach of any professional code of conduct:
(a) for making the report; or
(b) for disclosing any information in the report.
(3) In any legal proceeding, except with the court's leave:
(a) the report or evidence of its contents is not admissible; and
(b) a person cannot be compelled to give evidence, or to produce a record, about the report or the identity of the practitioner.
(4) The leave may be granted only if:
(a) the report, evidence or record is of critical importance to the proceeding; and
(b) failure to grant the leave would prejudice the proper administration of justice.
(5) In this section:
"health practitioner", see the Health Practitioners Act .