Western Australian Current Acts

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FAMILY COURT ACT 1997 - SECT 49

49 .         Confidentiality of communications in family counselling — FLA s. 10D

        (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.]



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