CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 124H

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 124H

124H .         Orders, leave of courts etc. under s. 124F or 124G

        (1)         In this section —

        leave means leave for the purposes of section 124F(2)(j) or 124G(2)(b), (4)(c) or (5)(c);

        order means an order for the purposes of section 124G(1)(b), (3)(c) or (6)(c).

        (2)         A court or tribunal must not make an order or grant leave unless —

            (a)         it is satisfied that to safeguard and promote the wellbeing of the child about whom the report was made it is necessary for the order to be made or for the leave to be given; or

            (b)         it is satisfied that —

                  (i)         the identifying information, or the content of the report (as is relevant in the case) is of critical importance in the proceedings; and

                  (ii)         there is compelling reason in the public interest for disclosure of the identifying information, or disclosure, production or adducing of the report or evidence (as is relevant in the case);

                or

            (c)         in a case concerning the disclosure of identifying information in relation to a reporter, the reporter consents to the disclosure.

        (3)         The court or tribunal may make an order or grant leave on any condition that it thinks fit having regard to the need to prevent, as far as practicable, further disclosure of the information that is the subject of the order or leave.

        (4)         An application for an order or leave —

            (a)         must not be heard in public; and

            (b)         must be dealt with in a way that protects, as far as practicable, the identity of the reporter pending a decision on the application.

        [Section 124H inserted: No. 26 of 2008 s. 5.]