Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The court must admit into evidence any particulars, documents or information provided under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), on which the court intends to rely.
(2) However, if a particular, document or information is or relates to:
(a) a notification to the agency of suspected child abuse or family violence; or
(b) an assessment by the agency of investigations into a notification of that kind or the findings or outcomes of those investigations; or
(c) a report commissioned by the agency in the course of investigating a notification;
the court must not disclose the identity of the person (the notifier ) who made the notification, or information that could identify the notifier, unless subsection (3) applies.
(3) This subsection applies if:
(a) the notifier consents to the disclosure; or
(b) the notifier is a party to the proceedings; or
(c) the court is satisfied that the notifier's identity, or information that could identify the notifier, is critically important to the proceedings and that failure to make the disclosure would prejudice the proper administration of justice.
(4) Before making a disclosure for the reasons set out in paragraph (3)(b) or (c), the court must:
(a) ensure that the agency is notified about the intended disclosure and given an opportunity to respond; and
(b) have regard to any advice given to the court under section 67ZBG (advice to court about risk of disclosure).
(5) The court is not required to admit into evidence any particulars, documents or information that the court only intends to rely on to assist in case management.