Victorian Current Acts

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FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 141

Confidentiality of counselling

    (1)     A person or body who provides counselling in accordance with an order under section 130 must not disclose any information obtained during the course of providing the counselling to any person who is not entitled to the information.

Penalty:     10 penalty units.

    (2)     Subsection (1) does not apply to the following disclosures—

        (a)     a disclosure by, or authorised in writing by, the respondent to whom the counselling is provided;

        (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. 141(2)(c) amended by No. 83/2012 s. 27.

        (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.

S. 142 amended by No. 83/2012 s. 28.



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