New South Wales Consolidated Acts

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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 244C

Confidentiality of information disclosed in alternative dispute resolution

244C Confidentiality of information disclosed in alternative dispute resolution

(1) A person who conducts or participates in any alternative dispute resolution process must not disclose anything said or done or any admission made during the process to any other person, except as permitted by subsections (2)-(4).
(2) A person conducting alternative dispute resolution may disclose information obtained in connection with the alternative dispute resolution only in any one or more of the following circumstances:
(a) with the consent of the person from whom the information was obtained,
(b) if there are reasonable grounds to believe that the disclosure is necessary to prevent or minimise the danger of injury to any person or damage to any property,
(c) if, as a result of obtaining the information, the person conducting alternative dispute resolution has reasonable grounds to suspect that a child or young person is at risk of significant harm within the meaning of Part 2 of Chapter 3,
Note : See section 23.
(d) in accordance with a requirement imposed by or under a law of the State (other than a requirement imposed by a subpoena or other compulsory process) or the Commonwealth.
(3) A person participating in alternative dispute resolution may disclose information obtained in connection with the administration or execution of this Chapter only if there are reasonable grounds to believe that the disclosure is necessary to prevent or minimise the danger of injury to any person or damage to any property.
(4) Any person conducting or participating in alternative dispute resolution may disclose information obtained in connection with the alternative dispute resolution if the disclosure is reasonably required for the purpose of referring any person conducting the alternative dispute resolution or a legal practitioner participating in the alternative dispute resolution to an appropriate body for any professional misconduct alleged to have been committed in connection with the alternative dispute resolution.



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