Queensland Consolidated Acts

CHILD PROTECTION ACT 1999 - SECT 186C

186C Disclosure in proceeding

(1) Subject to subsection (2) —

(a) evidence of the identity of the notifier or from which the identity of the notifier could be deduced must not be given in a proceeding before a court or tribunal without leave of the court or tribunal; and

(b) unless leave is granted, a party or witness in the proceeding—

(i) must not be asked, and, if asked, can not be required to answer, any question that can not be answered without disclosing the identity of, or leading to the identification of, the notifier; and

(ii) must not be asked to produce, and, if asked, can not be required to produce, any document that identifies, or may lead to the identification of, the notifier.

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

(a) it is satisfied—

(i) the evidence is of critical importance in the proceeding; and

(ii) there is compelling reason in the public interest for disclosure; or

(b) the notifier agrees to the evidence being given in the proceeding.

(3) In deciding whether to grant leave, the court or tribunal must take into account—

(a) the possible effects of disclosure on the safety or wellbeing of the notifier and the notifier’s family; and

(b) the public interest in maintaining confidentiality of notifiers.

(4) As far as practicable, an application for leave must be heard in a way that protects the identity of the notifier pending a decision on the application.