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FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 140

Confidentiality of eligibility interview and report

    (1)     A person who conducts an interview or prepares a report in accordance with an order under section 129 must not disclose any information obtained during the course of conducting the interview or preparing the report to any person who is not entitled to receive or have access to the report.

Penalty:     10 penalty units.

    (2)     A person who receives or otherwise has access to all or part of a report, or a copy of a report, prepared in accordance with an order under section 129 must not disclose any information contained in the report to any person who is not entitled to receive or have access to the report.

Penalty:     10 penalty units.

    (3)     Subsections (1) and (2) do not apply to the following disclosures—

        (a)     a disclosure by, or authorised in writing by, the respondent who is the subject of the report;

        (b)     a disclosure to a legal practitioner in connection with the giving of legal advice or the provision of representation in a proceeding under this Act;

S. 140(3)(c) amended by No. 82/2012 s. 26.

        (c)     a disclosure that is authorised by a relevant court as necessary for the purposes of this Part or of a proceeding for or with respect to a contravention of an order under this Part (including any offence constituted by such a contravention);

        (d)     a disclosure that is required, authorised or permitted (whether expressly or impliedly) by or under a law or by a court;

        (e)     a disclosure authorised by or under Health Privacy Principle 2.2(a), 2.2(b), 2.2(f), 2.2(g), 2.2(h), 2.2(k), 2.2(l) or 2.5 set out in Schedule 1 to the Health Records Act 2001 ;

        (f)     a disclosure that does not identify the respondent or from which the respondent's identity cannot reasonably be ascertained.



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