New South Wales Consolidated Acts

CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 - SECT 50B

50B Special provision relating to drug rehabilitation programs

(1) This section applies to any program for the rehabilitation of persons affected by alcohol or other drugs in which a child is required to participate as a result of an order or a condition of an order of the Children's Court in connection with criminal proceedings against the child.

(2) The Children's Court may, as a condition of any such order, require the provision of information about the child's participation in any such program to be given to a member or officer of the Children's Court by a person who is involved in the administration of, or who provides services in connection with, the program.

(3) The following provisions apply to and in respect of any information provided for the purposes of this section (
"protected information" )--

(a) the provision of the information does not constitute a breach of professional etiquette or ethics or a departure form accepted standards of professional conduct,

(b) no liability for defamation is incurred because of the provision of the information,

(c) the provision of the information does not constitute grounds for civil proceedings for malicious prosecution or conspiracy,

(d) the information is not admissible in evidence in any proceedings before a court, tribunal or committee,

(e) a person is not compellable in any proceedings before a court, tribunal or committee to disclose the information or to produce any document that contains the information.

(4) The provisions of subsection (3) (d) and (e) do not apply to or in respect of the provision of protected information in proceedings before the Children's Court or any court hearing an appeal from a decision of that court.

(5) The child participating in any such program is taken to have authorised the communication of protected information between anyone referred to in subsection (2).

(6) A provision of any Act or law that prohibits or restricts the disclosure of information does not operate to prevent the provision of information for the purposes of this section.