Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) In this section –
"notification" means information as specified in section 15(1) from a person to whom section 15 applies;
"notifier" means a person who provides the Secretary or a Community-Based Intake Service with a notification.
(2) Subject to this section, a person who receives a notification from a notifier, or who otherwise becomes aware of the identity of a notifier because he or she is engaged in the administration of this Act, must not disclose the identity of the notifier to any other person unless the disclosure –
(a) is made in the course of official duties under this Act to another person acting in the course of official duties; or
(b) is made with the consent of the notifier; or
(c) is made by way of evidence adduced with leave granted by a court under subsection (3).
Penalty:
Fine not exceeding 40 penalty units or imprisonment for a term not exceeding 12 months, or both.
(3) Evidence as to the identity of a notifier, or from which the identity of the notifier could be deduced, must not be adduced in proceedings before any court without leave of that court.
(4) Unless a court grants leave under subsection (3), a party or witness in the proceedings must not be asked, and, if asked, cannot be required to answer, any question that cannot be answered without disclosing the identity of, or leading to the identification of, the notifier.
(5) A court cannot grant leave under subsection (3) unless –
(a) that court 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; or
(b) the notifier consents to the admission of the evidence in the proceedings.
(6) An application to a court for leave to adduce evidence under subsection (3) –
(a) must not, except as authorised by that court, be heard and determined in public; and
(b) must be conducted in a manner which protects, as far as may be practicable, the identity of the notifier pending the determination of the application.
(7) The Freedom of Information Act 1991 does not apply to the identity of a notifier or any information contained in or relating to a notification that may lead to the identification of the notifier.