New South Wales Consolidated Acts

DRUG COURT ACT 1998 - SECT 31

31 Provision of information to Drug Court

(1) This section applies to such persons as are prescribed by the regulations for the purposes of this section, being persons who are involved in the administration of, or who provide services in connection with, a drug offender's program.

(2) It is the duty of a person to whom this section applies--

(a) to promptly notify the registrar of any failure by a drug offender to comply with the drug offender's program, and

(b) to promptly comply with the requirements of the regulations with respect to the giving of information to the registrar.

(3) The following provisions apply to and in respect of any information (
"protected information" ) relating to a drug offender that is provided to the Drug Court, or to any person to whom this section applies, by a person to whom this section applies--

(a) the provision of the information does not constitute a breach of professional etiquette or ethics or a departure from 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 a ground for civil proceedings for malicious prosecution or for 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--

(a) in proceedings before the Drug Court or any court hearing or determining an appeal from a decision of the Drug Court, or

(b) in support of, or in answer to, any charge or allegation made in proceedings against a person in relation to the person's exercise of functions under this Act.

(5) A drug offender is taken to have authorised the communication of protected information--

(a) from any person to whom this section applies to the registrar, and

(b) from the registrar to any person to whom this section applies, and

(c) from any member of staff of the Drug Court to any other member of staff of the Drug Court.

(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 in accordance with this section.