(1) A family
counsellor must not disclose a communication made to the counsellor while the
counsellor is conducting family counselling, unless the disclosure is required
or authorised by this section.
(2) A family
counsellor must disclose a communication if the counsellor 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
counsellor may disclose a communication if consent to the disclosure is given
by —
(a) if
the person who made the communication has attained the age of 18 years, that
person; or
(b) if
the person who made the communication is a child who has not attained the age
of 18 years —
(i)
each person who has parental responsibility for the
child; or
(ii)
a court.
(4) A family
counsellor may disclose a communication if the counsellor 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 of a person or a threat of damage to
property; or
(f) if
an independent children’s lawyer is representing a child’s
interests, assisting the lawyer to do so properly.
(5) A family
counsellor may disclose a communication in order to provide information (other
than personal information within the meaning of section 6 of the
Privacy Act 1988 of the Commonwealth) for research relevant to families.
(6) Evidence that
would be inadmissible because of section 50 is not admissible merely because
this section requires or authorises its disclosure.
(7) In this section
—
communication includes admission.
[Section 49 inserted: No. 35 of 2006 s. 115.]