New South Wales Consolidated Acts

CHILDREN'S GUARDIAN ACT 2019 - SECT 61

61 Children's Guardian, officer or expert as witness

(1) In relation to an investigation under this Part, the Children's Guardian, or officer of the Children's Guardian, must not be compellable to give evidence or produce any document in legal proceedings in respect of any information obtained by the Office of the Children's Guardian.

(2) Subsection (1) does not apply to the following--

(a) proceedings for an offence under this Part,

(b) proceedings under Part 3 of the Royal Commissions Act 1923 ,

(c) proceedings under Part 4 of the Special Commissions of Inquiry Act 1983 ,

(d) proceedings under Part 5 of the Government Information (Public Access) Act 2009 arising as a consequence of a decision made by the Children's Guardian in respect of an access application under that Act,

Note : Matters in relation to reportable conduct are prescribed as excluded information under Schedule 2 to the Government Information (Public Access) Act 2009 .

(e) proceedings under section 167A of the Police Act 1990 ,

(f) proceedings under--

(i) the Public Interest Disclosures Act 2022 , section 33 or 37, or

(ii) the Independent Commission Against Corruption Act 1988 , section 79I or 79L, or

(iii) the Ombudsman Act 1974 , section 31R or 31U, or

(iv) the Law Enforcement Conduct Commission Act 2016 , section 97H or 97K,

(g) criminal proceedings resulting from an investigation under this Part.

(3) Subsection (1) applies to the following persons in the same way it applies to the Children's Guardian and an officer of the Children's Guardian--

(a) a former Children's Guardian,

(b) a former officer of the Children's Guardian,

(c) an Australian legal practitioner who is, or was, appointed under clause 1(5) of Schedule 3 to assist the Children's Guardian,

(d) a person whose services are, or were, engaged under section 67.