Child Care Services Act 2007

In this section —

relates to a child care service (whether or not the service is an existing child care service); and

contains information about one or more of the following people —

a child;

a child’s parent;

a child’s carer.

This section applies if a party to any legal proceedings lawfully requires —

the CEO or a departmental officer to produce to the party, or the court or tribunal concerned, a child care record; or

an officer or employee of a public authority to produce to the party, or the court or tribunal concerned, a child care record to which that public authority has been given access.

The party requiring production of the child care record must describe the record —

by reference to the child care service to which it relates; and

by reference to the person or people to whom it relates; and

by reference to the period to which it relates; and

by general reference to the circumstances to which it relates.

The party requiring production of the child care record must show that the circumstances to which the record relates are relevant to the proceedings.

A person must not, directly or indirectly, record, disclose or make use of information in a child care record produced in response to a requirement referred to in subsection (2) other than for a purpose connected with the proceedings.

If a child care record is produced to a court or tribunal in response to a requirement referred to in subsection (2), the court or tribunal must take reasonable steps to ensure that access to the record is limited to one or more of the following people —

a party to the proceedings;

a legal representative of a party to the proceedings;

an expert witness in the proceedings;

if the proceedings are in the Family Court —

a family consultant as defined in the Family Court Act 1997 section 61; or

any other person required or directed to prepare a report on matters relevant to the proceedings, under that Act or the Family Law Act 1975 of the Commonwealth;

a person who can show that the CEO has authorised his or her access to the record;

a person considered by the court or tribunal to have a direct interest in the proceedings.

A person referred to in subsection (6) who has been given access to a child care record by a court or tribunal must not, without the approval of the court or tribunal, make a copy of, or otherwise reproduce, the record.

For the purposes of subsection (7), the court or tribunal may give approval on such conditions, including conditions about the return or destruction of copies or reproductions made, as the court or tribunal thinks fit.