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COMMONWEALTHAct
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s 111CV

Obligation to inform competent authority about serious danger to a child

In force
Volume 2s 90AA-Endnotes
Part XIIIAAInternational conventions, international agreements and international enforcement
Division 4International protection of children
Subdivision FCo‑operation

111CV Obligation to inform competent authority about serious danger to a child

(1A)

This section covers:

(a)

a court; and

(b)

the Chief Executive Officer; and

(ba)

a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 1); and

(bb)

a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 2); and

(c)

the Registrar or a Deputy Registrar of a Registry of the Family Court of a State; and

(e)

a family consultant; and

(f)

a family counsellor; and

(fa)

a CCS practitioner; and

(g)

a family dispute resolution practitioner; and

(h)

an arbitrator; and

(i)

the provider of a course, program or service which a person is ordered to participate in under this Act; and

(j)

a family report writer who is recognised, in accordance with regulations made for the purposes of section 11K, as complying with prescribed standards and requirements.

(1)

A court or person covered by this section must inform a competent authority of another country about any information the court or person may have about any serious danger to a child:

(a)

whose residence has moved from Australia to the other country; or

(b)

who is present in the other country.

(2)

Subsection (1) has effect despite any obligation of confidentiality imposed on the court or a person by this Act, any other law or anything else (including a contract or professional ethics).

(3)

A person is not liable in civil or criminal proceedings, and is not to be considered to have breached any professional ethics, in respect of the provision of information under subsection (1).

(4)

Evidence of the provision of information under subsection (1) is not admissible in any:

(a)

court (whether or not exercising jurisdiction under this Act); or

(b)

tribunal or other body concerned with professional ethics;

except where that evidence is given by the person who provided the information.

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