Section 29(1)(e) of the Children and Young Persons (Care and Protection) Act 1998 (NSW) does not preclude a court from ordering production of child protection reports on subpoena in criminal proceedings; the principle of legality requires the general words of s 29(1)(e) to be read down so as not to interfere with the accused's right to a fair trial. Even if s 29(1)(e) were construed as precluding such orders, it would not be constitutionally invalid under Kable principles. NSW government departments are 'persons' within the meaning of s 29(1)(e) as manifestations of the Crown in right of the State.
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