Document ID: chunk:federal_register_of_legislation:C2004A01006:clause:1_111cv
Version: federal_register_of_legislation:C2004A01006
Segment Type: clause
Provision Reference: sch 1 cl 111CV
Character Range: 39376–40673

111CV  Obligation to inform competent authority about serious danger to a child

 (1) A court must inform a competent authority of another country about any information the court may have about any serious danger to a child:
 (a) whose residence has moved from Australia to the other country; or
 (b) who is present in the other country.

 (2) Subsection (1) has effect despite any obligation of confidentiality imposed on the court or a person by this Act, any other law or anything else (including a contract or professional ethics).

 (3) A person is not liable in civil or criminal proceedings, and is not to be considered to have breached any professional ethics, in respect of the provision of information under subsection (1).

 (4) Evidence of the provision of information under subsection (1) is not admissible in any:
 (a) court (whether or not exercising jurisdiction under this Act); or
 (b) tribunal or other body concerned with professional ethics;
except where that evidence is given by the person who provided the information.

 (5) In this section:

court includes a person carrying out duties, performing functions or exercising powers as:
 (a) a member of the court personnel; or
 (b) a family and child counsellor; or
 (c) a family and child mediator; or
 (d) an arbitrator.