New South Wales Consolidated Acts

CHILDREN'S GUARDIAN ACT 2019 - SECT 62

62 Limits on secrecy and privilege

(1) This section applies if the Children's Guardian requires a person, under this Part, or under Schedules 2 or 3 in relation to an investigation or inquiry under this Part--

(a) to give a statement of information, or

(b) to produce a document or other thing, or

(c) to give a copy of a document, or

(d) to answer a question.

(2) The Children's Guardian must set aside the requirement if it appears to the Children's Guardian that a person has a ground of privilege, whereby--

(a) in proceedings in a court of law, the person might resist a similar requirement, and

(b) it does not appear to the Children's Guardian that the person consents to compliance with the requirement.

(3) The powers may be exercised despite--

(a) a rule of law which, in proceedings in a court of law, might justify an objection to an inspection of the premises or document or thing or to production of the document or thing on grounds of public interest, or

(b) any privilege of a relevant entity which the relevant entity might claim in a court of law, or

(c) any duty of secrecy or other restriction on disclosure applying to a relevant entity.