Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 82B

Confidentiality of pre-hearing conference8

82B. Confidentiality of pre-hearing conference8



(1) Subject to this section, the proceedings of a pre-hearing conference shall
be confidential.

(2) Evidence of anything said or done, or of any admission made, at a
pre-hearing conference is only admissible in any proceeding before a court
(including the proceeding on the protection application) if the court grants
leave or all the parties to the pre-hearing conference consent.

(3) A court may only grant leave under sub-section (2) if satisfied that it is
necessary to do so to ensure the safety and well-being of the child.

(4) Subject to sub-section (5), a person (other than the child or a parent or
relative of the child) who attends a pre-hearing conference must not disclose
any statement made at, or information furnished to, the conference without the
leave of the Court or the consent of the person who made the statement or
furnished the information.

Penalty applying to this sub-section: 10 penalty units.

(5) Nothing in sub-section (4) prevents-

   (a)  the convenor making a record of the proceedings at the pre-hearing
        conference;

   (b)  discussions taking place between a person who attended the conference
        and his or her legal representative;

   (c)  discussions taking place between the legal representatives of persons
        who attended the conference;

   (d)  discussions taking place between protective interveners about the
        conference;



   (e)  the disclosure, in connection with a review of the operation of the
        pre-hearing conference system, of information that does not identify
        any person who attended the conference or, if that person consents,
        information that does identify him or her;

   (f)  a disclosure of information made by a person in the reasonable belief
        that it was necessary to disclose it in order to prevent or minimise
        injury to any person or damage to any property.