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CHILD PROTECTION ACT 1999 - SECT 189C
Litigation director’s duty of disclosure
189C Litigation director’s duty of disclosure
(1) This section applies in relation to a proceeding for a child protection
order.
(2) The litigation director has a duty to disclose, to each other
party, all documents in the litigation director’s possession or control that
are relevant to the proceeding.
(3) The duty continues until the proceeding
is decided.
(4) The duty applies subject to section 191 .
(5) If the
litigation director does not disclose a document to a party on a ground
mentioned in section 191 (2) , the litigation director must give the party a
written notice stating— (a) the ground for the non-disclosure; and
(b) that
the litigation director is not required to disclose the document to the party
other than as required under section 191 ; and
(c) that the party may apply
to the court for an order under section 191 that it be disclosed.
(6) Nothing
in this section— (a) requires disclosure that is unlawful under this or
another law; or
(b) affects a person’s right to anything under another law.
(7) For this section, a reference to a document in the litigation director’s
possession or control is taken to include a document in the chief
executive’s possession or control. Note— The
Director of Child Protection Litigation Act 2016 requires the chief executive
to give relevant documents to the litigation director.
(8) The rules of
court may make provision about disclosure under this section, including the
time by which a document must be disclosed.
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