Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 190

    (1)     In any legal proceeding evidence may be given as to the grounds contained in—

        (a)     a report under section 183 or 184 or a report determined to be a protective intervention report under section 34; or

        (b)     a report under section 185 that a child is in need of therapeutic treatment.

    (2)     However in a legal proceeding evidence that a particular matter is contained in a report referred to in subsection (1) or evidence that identifies the person who made that report as the reporter, or is likely to lead to the identification of that person as the reporter is only admissible in the proceeding if—

        (a)     the court or tribunal grants leave for the evidence to be given; or

        (b)     the reporter consents in writing to the admission of that evidence.

    (3)     A witness appearing in a legal proceeding must not be asked and, if asked, is entitled to refuse to answer—

        (a)     any question to which the answer would or might identify the person who made a report referred to in subsection (1) as the reporter or would or might lead to the identification of that person as the reporter; or

        (b)     any question as to whether a particular matter is contained in a report referred to in subsection (1)—

unless the court or tribunal grants leave for the question to be asked or the reporter has consented in writing to the question being asked.

    (4)     A court or tribunal may only grant leave under subsection (2) or (3) if—

        (a)     in the case of a proceeding in the Court or in any other court arising out of a proceeding in the Court or in VCAT on a review under section 333, it is satisfied that it is necessary for the evidence to be given to ensure the safety and wellbeing of the child;

        (b)     in any other case, it is satisfied that the interests of justice require that the evidence be given.