Commonwealth Consolidated Acts

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Obligation to inform competent authority about serious danger to a child

          (1A)  This section covers:

                     (a)  a court; and

                     (b)  the Registrar or a Deputy Registrar of a Registry of the Family Court of Australia; and

                     (c)  the Registrar or a Deputy Registrar of a Registry of the Family Court of a State; and

                     (d)  a Registrar of the Federal Circuit Court of Australia; and

                     (e)  a family consultant; and

                      (f)  a family counsellor; and

                     (g)  a family dispute resolution practitioner; and

                     (h)  an arbitrator; and

                      (i)  the provider of a course, program or service which a person is ordered to participate in under this Act.

             (1)  A court or person covered by this section must inform a competent authority of another country about any information the court or person may have about any serious danger to a child:

                     (a)  whose residence has moved from Australia to the other country; or

                     (b)  who is present in the other country.

             (2)  Subsection (1) has effect despite any obligation of confidentiality imposed on the court or a person by this Act, any other law or anything else (including a contract or professional ethics).

             (3)  A person is not liable in civil or criminal proceedings, and is not to be considered to have breached any professional ethics, in respect of the provision of information under subsection (1).

             (4)  Evidence of the provision of information under subsection (1) is not admissible in any:

                     (a)  court (whether or not exercising jurisdiction under this Act); or

                     (b)  tribunal or other body concerned with professional ethics;

except where that evidence is given by the person who provided the information.

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