Western Australian Current Acts

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 124F

124F .         Confidentiality of reporter’s identity

        (1)         In this section —

        child means the child about whom a report is made by the reporter, being the child believed by the reporter to be the subject of sexual abuse.

        (2)         A person who, in the course of duty, becomes aware of the identity of a reporter, must not disclose identifying information to another person unless —

            (a)         the disclosure is made for the purpose of, or in connection with, performing functions under this Act; or

            (b)         the disclosure is made with the written consent of the reporter; or

            (c)         the disclosure is made to or by a police officer for the purpose of, or in connection with —

                  (i)         an investigation of a suspected offence under a written law in relation to the child; or

                  (ii)         the conduct of a prosecution of an offence under a written law in relation to the child;

                or

            (d)         the disclosure is made for the purpose of, or in connection with, the prosecution of an offence —

                  (i)         in relation to the reporter, under —

                        (I)         section 124B(1) in the case where a report is made; or

        (II)         section 124C(1) or 124F(2);

                or

                  (ii)         under section 124C(4) or 244 in relation to the report;

                or

            (e)         the disclosure is made by an officer for the purposes of protection proceedings in relation to the child; or

            (f)         the disclosure is made by an officer for the purposes of an application under section 94 for the review of a decision relating to the child; or

            (g)         the disclosure is made by an officer for the purposes of a matter or proceedings relating to the child arising under the Family Law Act 1975 of the Commonwealth Part VII or the Family Court Act 1997 Part 5; or

            (h)         the disclosure is made by an officer for the purposes of an application to, or appeal from a decision of, the Family Court under the Adoption Act 1994 that relates to the child; or

                  (i)         the disclosure is made by an officer for the purposes of any other legal proceedings of a kind prescribed for the purposes of this subsection and relating to the child; or

            (j)         the disclosure is made in legal proceedings with the leave of the court or tribunal concerned; or

            (k)         the identifying information has already been disclosed in legal proceedings and the court or tribunal concerned has not made an order prohibiting further disclosure.

        Penalty for this subsection: a fine of $24 000 and imprisonment for 2 years.

        [Section 124F inserted: No. 26 of 2008 s. 5; amended: No. 49 of 2010 s. 85; No. 18 of 2021 s. 76.]