CHILD PROTECTION ACT 1999 - SECT 191
Refusal to disclose particular documents or information
CHILD PROTECTION ACT 1999 - SECT 191
Refusal to disclose particular documents or information
191 Refusal to disclose particular documents or information
(1) Subsection (2) states the grounds on which—
(a) the litigation director
may refuse to disclose a document to a party to a proceeding under
section 189C; or
(b) another person who is or was engaged in the
administration of this Act may refuse to disclose to a court or tribunal in a
proceeding, or to a party to a proceeding, information obtained under or in
relation to the administration of this Act.
(2) The litigation director or
other person may refuse to disclose the document or information if—
(a) it
is the subject of legal professional privilege; or
(b) it is a communication
between—
(i) a public service employee employed in the department; and
(c) its disclosure would be likely to endanger a person’s
safety or psychological health; or
(d) it identifies or is likely to identify
its source and identification of the source is likely to prejudice the
achievement of the purposes of this Act; or
(e) it is a record of
confidential therapeutic counselling and the person to whom it relates does
not consent to its disclosure; or
(f) its disclosure could reasonably be
expected to—
(i) prejudice the investigation of a contravention or possible
contravention of the law in a particular case; or
(ii) prejudice the
effectiveness of a lawful method or procedure for preventing, detecting,
investigating or dealing with a contravention or possible contravention of the
law; or
(iii) enable the existence or identity of a confidential source of
information, in relation to the enforcement or administration of the law, to
be ascertained; or
(g) the litigation director or other person reasonably
believes—
(i) it is or contains personal information that is not materially
relevant to the proceeding; or
(ii) its disclosure would be contrary to the
public interest; or
(iii) there is other good reason for not disclosing it,
having regard to the best interests of a child who is a subject of the
proceeding; or
(h) the party already has the document, or a copy of the
document, or the information.
(3) The litigation director or other person
must refuse to disclose a record mentioned in subsection (2) (e) unless the
litigation director or other person considers disclosure is necessary to
prevent or lessen a risk of harm to a child or serious risk to the health or
safety of anyone else.
(4) Despite subsections (2) and (3) , on the
application of a party to the proceeding, the court or tribunal may order the
disclosure of the document or information if satisfied—
(a) it is materially
relevant to the proceeding; and
(b) its disclosure is, on balance, in the
public interest.
(5) The court or tribunal may order the disclosure on the
conditions it considers appropriate, including conditions to ensure the best
interests of a child who is a subject of the proceeding and the privacy and
safety of any individual.
(6) To enable the court or tribunal to make a
decision about the disclosure of the document or information, the litigation
director or other person must disclose it to the judicial officers of the
court or tribunal.
(7) In deciding whether or not the document or information
should be disclosed, the judicial officers must deal with it in a way that
ensures it is not disclosed to anyone else.
(8) If the court or tribunal
refuses to order disclosure of the document or information, the
judicial officers must return anything produced to them under subsection (6) .
(9) The rules of court may make provision about a matter under this section.
(10) In this section—
"judicial officers" , of a court or tribunal, means the person or persons
constituting the court or tribunal.
