Western Australian Current Acts

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 137

137 .         Confidentiality of pre-hearing conference

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

        (2)         Evidence of anything said or done, or of any admission made, at a pre-hearing conference is only admissible in proceedings before any court (including the protection proceedings concerned) if the court concerned grants leave or all the people who attended the pre-hearing conference consent.

        (3)         A person who attends a pre-hearing conference must not disclose any statement made by another person at, or information furnished by another person to, the conference without the leave of the Court or the consent of that other person.

        Penalty for this subsection: a fine of $12 000 and imprisonment of one year.

        (4)         Subsection (3) does not apply to —

            (a)         the disclosure of a statement or information in proceedings before a court in accordance with subsection (2);

            (b)         the making of a record of proceedings at the conference by the person presiding, a person who attended the conference, or his or her legal representative;

            (c)         discussions between a child who did not attend the conference and his or her legal representative who attended the conference;

            (d)         discussions between a party who —

                  (i)         has a difficulty understanding or communicating in English; or

                  (ii)         has a disability,

                and any other person who attended the conference for the purpose of providing support or assistance to that party;

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

            (f)         discussions between the legal representatives of people who attended the conference;

            (g)         discussions between officers, police officers, or officers and police officers, about the conference;

            (h)         the disclosure, in connection with a review of the operation of pre-hearing conferences generally, of information —

                  (i)         that does not identify any person who attended the conference; or

                  (ii)         that identifies a person who attended the conference if the person has consented to its disclosure;

                  (i)         the disclosure of information by a person who believes on reasonable grounds that it is necessary to do so in order to protect the health or safety of any person or to prevent or minimise damage to any property.

        [Section 137 amended: No. 49 of 2010 s. 85; No. 18 of 2021 s. 76.]