CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 240

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 240

240 .         Restrictions on disclosing notifier’s identity

        (1)         In this section —

        child means the child about whom information is given by the notifier, being the child —

            (a)         in respect of whose wellbeing concerns are raised; or

            (b)         believed to be the victim in respect of an allegation;

        identifying information , in relation to a notifier, means information —

            (a)         that identifies the notifier; or

            (b)         that is likely to lead to the identification of the notifier; or

            (c)         from which the identity of the notifier could be deduced;

        notifier means a person who —

            (a)         in good faith gives information, or causes information to be given, to the CEO or another officer that raises concerns about the wellbeing of a child; or

            (ba)         in good faith gives information of the kind described in section 33A, or causes such information to be given, to the CEO or another officer; or

            (b)         notifies the CEO of an allegation in accordance with a requirement to do so under regulations made under the Child Care Services Act 2007 ; or

            (c)         in good faith provides information on the basis of which the CEO is notified as mentioned in paragraph (b); or

            (d)         in good faith is otherwise concerned in notifying the CEO as mentioned in paragraph (b) or causing the CEO to be so notified,

        but does not include a reporter as defined in section 124A.

        (2)         A person who, in the course of duty, becomes aware of the identity of a notifier, must not disclose identifying information to another person unless —

            (a)         the disclosure is made —

                  (i)         for the purpose of, or in connection with, performing functions under this Act or the Child Care Services Act 2007 ; or

                  (ii)         with the written consent of the notifier; or

                  (iii)         to or by a police officer for the purpose of, or in connection with —

                        (I)         an investigation of a suspected offence under a written law in relation to the child; or

        (II)         the conduct of a prosecution of an offence under a written law in relation to the child;

                or

            (iva)         to a legal practitioner who, as the result of an order made under section 148(2), is representing the child in protection proceedings, for the purposes of that representation; or

                  (iv)         for the purpose of, or in connection with, the prosecution of an offence under —

                        (I)         this subsection in relation to the notifier; or

        (II)         section 244 in relation to the notification; or

        (III)         the Child Care Services Act 2007 that is prescribed for the purposes of this subparagraph and that is in relation to the child or the notifier;

                or

                  (v)         by an officer for the purposes of protection proceedings in relation to the child; or

                  (vi)         by an officer for the purposes of an application under section 94 for the review of a decision relating to the child; or

                  (vii)         by an officer for the purposes of a matter or proceedings relating to the child arising under the Family Law Act 1975 of the Commonwealth Part VII or the Family Court Act 1997 Part 5; or

                  (viii)         by an officer for the purposes of an application to, or appeal from a decision of, the Family Court under the Adoption Act 1994 that relates to the child; or

                  (ix)         by an officer for the purposes of any other legal proceedings of a kind prescribed for the purposes of this paragraph and relating to the child; or

                  (x)         in legal proceedings with the leave of the court or tribunal concerned;

                or

            (b)         the identifying information has already been disclosed in legal proceedings and the court or tribunal concerned has not made an order prohibiting further disclosure.

        Penalty for this subsection: a fine of $24 000 and imprisonment for 2 years.

        (3)         In any legal proceedings a person must not disclose, or be asked to disclose, identifying information in respect of a notifier unless —

            (a)         the proceedings are for the prosecution of an offence mentioned in subsection (2)(a)(iv); or

            (b)         the person is an officer and the proceedings are of a kind mentioned in subsection (2)(a)(v) to (ix) inclusive; or

            (c)         leave of the court or tribunal concerned has first been obtained.

        (4)         The court or tribunal must not grant leave unless —

            (a)         it is satisfied that —

                  (i)         the identifying information is of critical importance in the proceedings; and

                  (ii)         there is compelling reason in the public interest for disclosure of the identifying information;

                or

            (b)         the notifier consents to the disclosure of the identifying information.

        (5)         An application for leave to disclose, or to ask a person to disclose, identifying information —

            (a)         must not, except as authorised by the court or tribunal, be heard in public; and

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

        [Section 240 amended: No. 26 of 2008 s. 9; No. 49 of 2010 s. 79 and 85; No. 18 of 2021 s. 76.]