Victorian Consolidated Legislation

Children's Services Act 1996 - SECT 54

Immunity

54. Immunity



(1) Any person who believes on reasonable grounds that any provisions of this
Act are being contravened and notifies the Secretary or an authorised officer
of that belief and the reasonable grounds for it-

   (a)  is not liable to any action or proceedings for unprofessional conduct
        or a breach of professional ethics; or

   (b)  if it is made in good faith, is not subject to any liability-

with respect to that notification.

(2) In any legal proceedings evidence as to the grounds contained in a
notification under subsection (1) for the belief that this Act is being
contravened may be given but evidence that a particular matter is contained in
such a notification or evidence that identifies the person who made the
notification as the notifier or is likely to lead to the identification of
that person as the notifier is only admissible in the proceedings if the court
or tribunal grants leave for the evidence to be given or if the notifier
consents in writing to the admission of that evidence.

(3) A witness in a proceeding referred to in subsection (2) must not be asked
and, if asked, is entitled to refuse to answer-

   (a)  any question to which the answer would or might identify the person
        who made a notification under subsection (1) as the notifier or might
        lead to the identification of that person as the notifier; or

   (b)  any question as to whether any matter is contained in a notification
        made under subsection (1)-

unless the court or tribunal grants leave for the question to be asked or the
notifier has consented in writing to the question being asked.

(4) A court or tribunal may only grant leave under subsection (2) or (3) if-

   (a)  in the case of a proceeding in the court or in any other court arising
        out of a proceeding in the court or in the Victorian Civil and
        Administrative Tribunal on a review under section 55 it is satisfied
        that it is necessary for the evidence to be given to ensure the safety
        and well-being of any child being cared for or educated by a
        children's service;

   (b)  in any other case, it is satisfied that the interests of justice
        require that the evidence be given.





(5) If a notification is made under subsection (1), a person (other than the
person who made it or a person acting with the written consent of the person
who made it) must not disclose to any person other than the Secretary, a
member of the police force or an officer of the Department or any other person
or class of persons authorised by the Secretary-

   (a)  the name of the person who made the notification; or

   (b)  any information that is likely to lead to the identification of the
        person who made the notification.

Penalty applying to this subsection: 10 penalty units.

(6) Subsection (5) does not apply to a disclosure made to a court or tribunal
in accordance with this section.