Family Court Regulations 1998

For the purposes of section 162I(1), this regulation prescribes information sharing safeguards that —

an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 162D or 162E, or under section 162D(6) or 162E(6); and

the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 162D or 162E, or under section 162D(6) or 162E(6).

Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent —

that the material relates to a matter mentioned in section 162D(2) or 162E(2); or

required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 162D or 162E).

The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.

The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.

Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially poses, a risk of subjecting or exposing any of the following to abuse, neglect or family violence —

a party to the proceedings;

a child to whom the proceedings relate;

another person to whom the shared material relates.

Subregulation (5) does not apply if the access or disclosure is in accordance with an order of a court (whether of a kind referred to in section 8(a) or (b) or otherwise).

The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to —

a party to the proceedings; or

a child to whom the proceedings relate; or

another person to whom the shared material relates.

If the information sharing agency becomes aware that the shared material is incorrect, then as soon as possible —

the information sharing agency is to notify the court of the correction; and

subject to subregulation (11), the court is to correct its records accordingly.

If an information sharing agency receives an order under section 162D or 162E relating to a matter and the information sharing agency does not have in its possession or control any documents or information relating to the matter then, subject to subregulation (11), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.

If a person requests access to the shared material or to material that is purported to be shared material provided to the court and the court does not have the requested material in its possession or control then, subject to subregulation (11), the court is to destroy or redact its records relating to the request.

Subregulations (8), (9) and (10) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court (whether of a kind referred to in section 8(a) or (b) or otherwise).