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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 .