Document ID: chunk:federal_register_of_legislation:C2024A00118:clause:3_102bc
Version: federal_register_of_legislation:C2024A00118
Segment Type: clause
Provision Reference: sch 3 cl 102BC
Character Range: 106598–107778

102BC  Direction in relation to adducing evidence
 (1) The court may direct that evidence not be adduced in proceedings under this Act, if the court finds that adducing it would disclose:
 (a) a protected confidence; or
 (b) the contents of a document recording or relating to a protected confidence.
 (2) The court may give the direction:
 (a) on its own initiative; or
 (b) on application by:
 (i) the confidant; or
 (ii) a person who is in possession or has control of a document recording or relating to a protected confidence; or
 (iii) a litigation guardian; or
 (c) if the protected confider is aged 18 or over—on application by the protected confider; or
 (d) if the protected confider is a child aged under 18—on application by:
 (i) a person who has parental responsibility (within the meaning of Part VII) for the child; or
 (ii) an independent children's lawyer who represents the interests of the child in the proceedings; or
 (iii) a person who has care of the child; or
 (iv) a person who proposes to have parental responsibility for the child.
 (3) Evidence that is not to be adduced in proceedings because of subsection (1) is not admissible in the proceedings.