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FAMILY COURT ACT 1997 - SECT 53

53 .         Confidentiality of communications in family dispute resolution — FLA s. 10H

        (1)         A family dispute resolution practitioner must not disclose a communication made to the practitioner while the practitioner is conducting family dispute resolution, unless the disclosure is required or authorised by this section.

        (2)         A family dispute resolution practitioner must disclose a communication if the practitioner 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 dispute resolution practitioner 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 dispute resolution practitioner may disclose a communication if the practitioner 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 dispute resolution practitioner 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)         A family dispute resolution practitioner may disclose information necessary for the practitioner to give a certificate under section 66H(7).

        (7)         Evidence that would be inadmissible because of section 54 is not admissible merely because this section requires or authorises its disclosure.

        (8)         In this section —

        communication includes admission.

        [Section 53 inserted: No. 35 of 2006 s. 115.]



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