CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 239

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 239

239 .         Objection to disclosure of certain information during legal proceedings

        (1)         A person may, in any legal proceedings, object to disclosing information obtained by, or made available to, the person in the performance of functions under this Act, or in the provision of social services under an agreement referred to in section 15(1), on the grounds that —

            (a)         its disclosure endangers, or is likely to endanger, a person’s safety or psychological health; or

            (b)         it is a record of confidential counselling with a child or a member of a child’s family; or

            (c)         it is information personal to a child, a member of a child’s family or a child’s carer and the person reasonably believes that it is not materially relevant to the proceedings.

        (2)         If an objection is made under subsection (1), the court or tribunal concerned must consider the objection and may order the disclosure of the information if satisfied that —

            (a)         it is materially relevant to the proceedings; and

            (b)         there is compelling reason in the public interest for its disclosure.

        (3)         For the purpose of enabling the court or tribunal to decide whether to make an order under subsection (2), the court or tribunal may direct the person to disclose the information to the court or tribunal in private and may give directions as to who may be present when the information is disclosed.

        (4)         The court or tribunal must deal with information disclosed under this section in a way that prevents, as far as practicable, its further disclosure.

        [Section 239 amended: No. 18 of 2021 s. 71.]