CHILD PROTECTION ACT 1999 - SECT 189C Litigation director’s duty of disclosure

CHILD PROTECTION ACT 1999 - SECT 189C

189C Litigation director’s duty of disclosure

(1) This section applies in relation to a proceeding for a child protection order.

(2) The litigation director has a duty to disclose, to each other party, all documents in the litigation director’s possession or control that are relevant to the proceeding.

(3) The duty continues until the proceeding is decided.

(4) The duty applies subject to section 191 .

(5) If the litigation director does not disclose a document to a party on a ground mentioned in section 191 (2) , the litigation director must give the party a written notice stating—

(a) the ground for the non-disclosure; and

(b) that the litigation director is not required to disclose the document to the party other than as required under section 191 ; and

(c) that the party may apply to the court for an order under section 191 that it be disclosed.

(6) Nothing in this section—

(a) requires disclosure that is unlawful under this or another law; or

(b) affects a person’s right to anything under another law.

(7) For this section, a reference to a document in the litigation director’s possession or control is taken to include a document in the chief executive’s possession or control.

Note—

The Director of Child Protection Litigation Act 2016 requires the chief executive to give relevant documents to the litigation director.

(8) The rules of court may make provision about disclosure under this section, including the time by which a document must be disclosed.