Victorian Consolidated Legislation

Legal Aid Act 1978 - SECT 40J

Confidentiality

40J. Confidentiality



(1) In this section-

relevant person means-

   (a)  an officer or employee of VLA;

   (b)  a conference chairperson or other person or body employed or engaged
        in the conduct of an alternative dispute resolution program.



(2) A party, or a person representing a party, to an alternative dispute
resolution program must not, except in accordance with subsection (4) and
section 40L(2), give to any other person or body, including a court,
information acquired in the course of, or otherwise in connection with, the
conduct of an alternative dispute resolution program.

Penalty: 60 penalty units.

(3) A relevant person must not, except in accordance with subsection (4) or
(5), give to any other person or body, including a court, information acquired
in the course of, or otherwise in connection with, the conduct of an
alternative dispute resolution program.

Penalty: 60 penalty units.

(4) Subsections (2) and (3) do not apply where a party, or a person
representing a party, or a relevant person gives, whether voluntarily or at
the request of VLA, the information to VLA to fulfil its functions and duties,
and for the administration of VLA generally.

(5) Subsection (3) does not apply where VLA has given its consent to a
relevant person, and the relevant person gives the information to another
person or body in the following circumstances-

   (a)  the person from whom the information was originally obtained has
        consented to giving it; or

   (b)  there are reasonable grounds to believe that the disclosure is
        necessary to prevent or minimise the danger of injury to a person or
        damage to property; or

   (c)  for statistical purposes without revealing, or being likely to reveal,
        the identity of a person about whom the information relates; or

   (d)  if the information is required for referring a party to any person,
        agency, organisation or other body, and the disclosure is made with
        the consent of the party, for aiding in the resolution of a dispute or
        assisting the party in any other matter; or

   (e)  the information is connected with a proceeding founded on fraud
        alleged to be connected with, or to have happened during, an
        alternative dispute resolution program.

(6) Nothing in this section limits or affects the operation of section 43.