(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.]