Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 10U

Confidentiality of family safety risk screening information

             (1)  A family safety risk screening person must not disclose family safety risk screening information, unless the disclosure is required or authorised by this section.

             (2)  A family safety risk screening person must disclose family safety risk screening information if that person reasonably believes the disclosure is necessary for the purpose of complying with a law of the Commonwealth, a State or a Territory.

             (3)  A family safety risk screening person may disclose family safety risk screening information to a party to the proceedings concerned if that information:

                     (a)  was provided by, or generated or created from information provided by, that party; and

                     (b)  relates to that party.

             (4)  A family safety risk screening person may disclose family safety risk screening information if consent to the disclosure is given by:

                     (a)  if:

                              (i)  the information was provided by, or generated or created from information provided by, a party to the proceedings concerned; and

                             (ii)  the information relates to that party; and

                            (iii)  that party is 18 or over;

                            that party; or

                     (b)  if:

                              (i)  the information was provided by, or generated or created from information provided by, a party to the proceedings concerned; and

                             (ii)  the information relates to that party; and

                            (iii)  that party is a child under 18;

                            a court.

             (5)  A family safety risk screening person may disclose family safety risk screening information to another family safety risk screening person for the purposes of that other person's responsibilities or duties in connection with this Part.

             (6)  A family safety risk screening person may disclose family safety risk screening information if that person reasonably believes that the disclosure is necessary for the purpose of:

                     (a)  protecting a child from the risk of harm (whether physical or psychological); or

                     (b)  preventing or lessening a serious and imminent threat to the life or health of a person; or

                     (c)  reporting the commission, or preventing the likely commission, of an offence involving violence or a threat of violence to a person; or

                     (d)  preventing or lessening a serious and imminent threat to the property of a person; or

                     (e)  reporting the commission, or preventing the likely commission, of an offence involving intentional damage to property, or a threat of damage to property, of a person; or

                      (f)  if a lawyer independently represents a child's interests under an order under section 68L--assisting the lawyer to do so properly.

             (7)  A family safety risk screening person may disclose family safety risk screening information in order to provide information (other than personal information within the meaning of section 6 of the Privacy Act 1988 ) for research relevant to families.

             (8)  Evidence that would be inadmissible because of section 10V is not admissible merely because this section requires or authorises its disclosure.

Note:          This means that a family safety risk screening person's evidence is inadmissible in court, even if subsection (2), (3), (4), (5), (6) or (7) requires or authorises the person to disclose it in other circumstances.



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