Commonwealth Consolidated Acts Commonwealth Consolidated Acts1 Subsection 4 (1)
Insert:
"family safety risk screening information" has the meaning given by section 1 0 S .
"family safety risk screening person" has the meaning given by section 1 0 R .
"family safety risk screening process" has the meaning given by section 1 0T .
2 A fter Part I I
Insert :
Part I IA -- Family safety risk screening
10Q Simplified outline of this Part
This Part prevents the disclosure , and admission into evidence , of information that is in connection with a family safety risk screening process carried out by the F amily C ourt of Australia or F ed eral Circuit C ourt of Australia in relation to a party to proceedings under this Act .
The process is carried out for the purpose of identify ing any persons at risk of family violence in order to determine the urgency and priority of the proceedings.
10 R Definition of f amily safety risk screening person
A family safety risk screening person is:
(a) an officer or staff member of :
(i) the Family Court of Australia; or
(ii ) the Federal Circuit Court of Australia ; or
( b ) a family counsellor; or
(c ) a cont r actor engaged on behalf of a court referred to in paragraph ( a); or
(d ) an officer, employee or subcontractor of a contra ctor referred to in paragraph ( c ) .
10S Definition of f amily safety risk screening information
(1) Family safety risk screening information is:
(a) information obtained (whether oral ly or in writing) or generated, or a document obtained or created, by a family safety risk screening person in connection with a family safety risk screening process ; or
(b) information about whether or not a party to proceedings under this Act participated in a family safety risk screening process.
(2) Without limiting subsection ( 1), family safety risk screening information includes reports prepared , recommendations made or referrals created by a family safety risk screening person as a result of the information referred to in subsection ( 1 ) .
10 T Definition of f amily safety risk screening process
(1) A family safety risk screening process is a process carried out, or attempted to be carried out, by a family safety risk screening person:
(a) in connection with proceedings under this Act; and
(b) in relation to a party to those proceedings;
for the purpose, or for purposes that include the purpose, of identifying one or more of the following:
(c) any persons who are at risk of being subjected to family violence;
(d) any children who are at risk of being subjected to, or exposed to, abuse, neglect or family violence;
(e) any risks to the safety of persons;
in order to determine the urgency and priority of the proceedings and assist in case management.
Process must involve use of risk screening tool
(2) The process carried out, or attempted to be carried out, must involve the use of a risk screening tool determined under subsection ( 3).
(3) The Chief Executive Officer may, by notifiable instrument, determine a risk screening tool for the purposes of subsection ( 2).
Process may also involve risk assessment
( 4 ) Without limiting subsection ( 1), the process referred to in that subsection may also involv e a risk assessment conducted by a family counsellor in connection with this Part.
Division 2 -- Protection of family safety risk screening information
10 U Confidentiality of family safety risk screening information
(1) A family safety risk screening person must not disclose family safety risk screening information, unless the disclosure is required or authorised by this section.
(2) A family safety risk screening person must disclose family safety risk screening information if th at person reasonably believes the disclosure is necessary for the purpose of complying with a law of the Commonwealth, a State or a Territory.
(3 ) A family safety risk screening person may disclose family safety risk screening information to a party to the proceedings concerned if that information:
(a) was provided by, or generated or created from information provided by, that party; and
(b) relates to that party.
(4) A family safety risk screening person may disclose family safety risk screening information if consent to the disclosure is given by:
(a) if:
(i) the information was provided by, or generated or created from information provided by, a party to the proceedings concerned ; and
(ii) the information relates to that party ; and
(iii) that party is 18 or over;
that party ; or
(b) if:
(i) the information was provided by, or generated or created from information provided by, a party to the proceedings concerned ; and
(ii) the information relates to that party ; and
(iii) that party is a child under 18;
a court.
(5 ) A family safety risk screening person may disclose family safety risk screening information to another family safety risk screening person for the purposes of that other person's responsibilities or duties in connection with this Part .
( 6 ) A family safety risk screening person may disclose family safety risk screening information if that person reasonably believes that the disclosure is necessary for the purpose of:
(a) protecting a child from the risk of harm (whether physical or psychological); or
(b) preventing or lessening a serious and imminent threat to the life or health of a person; or
(c) reporting the commission, or preventing the likely commission, of an offence involving violence or a threat of violence to a person; or
(d) preventing or lessening a serious and imminent threat to the property of a person; or
(e) reporting the commission, or preventing the likely commission, of an offence involving intentional damage to property , or a threat of damage to property , of a person ; or
(f) if a lawyer independently represents a child's interests under an order under section 68L--assisting the lawyer to do so properly.
(7 ) A family safety risk screening person may disclose family safety risk screening information in order to provide information (other than personal information within the meaning of section 6 of the Privacy Act 1988 ) for research relevant to families.
( 8 ) Evidence that would be inadmissible because of section 1 0 V is not admissible merely because this section requires or authorises its disclosure.
Note: This means that a family safety risk screening person's evidence is inadmissible i n court, even if subsection ( 2 ), (3), (4) , (5) , (6) or (7) requires or authorises the person to disclose it in other circumstances.
10 V Admissibility of family safety risk screening information etc.
Family safety risk screening information
(1) Family safety risk screening information is not admissible:
(a) in any court (whether or not exercising federal jurisdiction); or
(b) in any proceedings before a person authorised to hear evidence (whether the person is authorised by a law of the Commonwealth, a State or a Territory, or by the consent of the parties).
(2) Subsection ( 1 ) does not apply to family safety risk screening information that indicates that a child under 18 has been abused or is at risk of abuse , unless, in the opinion of the court, there is sufficient evidence of the information available to the court from other sources.
Evidence of things said or admissions made in company of professionals
( 3 ) Evidence of anything said, or any admission made, by or in the company of a person (the professional ) to whom a family safety risk screening person refers a party to the proceedings concerned (the referred party ) for medical or other professional services, while that professional is providing such services to the referred party , is not admissible:
(a) in any court (whether or not exercising federal jurisdiction); or
(b) in any proceedings before a person authorised to hear evidence (whether the person is authorised by a law of the Commonwealth, a State or a Territory, or by the consent of the parties).
(4 ) Subsection ( 3 ) do es not apply to a thing said or an admission made by the referred party (including a child under 18) indicating that a child under 18 has been abused or is at risk of abuse , unless, in the opinion of the court, there is sufficient evidence of the thing said , or the admission made , available to the court from other sources.
Professional to be informed of effect of section
( 5 ) A family safety risk screening person who refers a party to a professional (within the meaning of subsection ( 3 ) ) must inform the professional of the effect of this section.
10 W Immunity of family safety risk screening persons
A family safety risk screening person has, in performing that person's functions as a family safety risk screening person, the same protection and immunity as a Judge of the Family Court has in performing the functions of a Judge.
3 Application provision s
(1) Section 1 0U of the Family Law Act 1975 , as inserted by this Schedule, applies in relation to the disclosure of family safety risk screening information on or afte r the commencement of this item, whether th at information was obtained , generated or created before, on or after th at commencement .
(2) Subsection 1 0V (1) of the Family Law Act 1975 , as inserted by this Schedule, applies in relation to the admissibility , on or after the commencement of this item, in any proceedings of family safety risk screening information , whether:
(a) that information was obtained, generated or created before, on or after th at commencement ; and
(b) th ose proceedings were instituted on or after that commencement or were pending immediately before that commencement.
(3) Subsection 1 0V ( 3 ) of the Family Law Act 1975 , as inserted by this Schedule, applies in relation to the admissibility , on or after the commencement of this item, in any proceedings of a thing said or an admission made , whether :
(a) th e thing was said or the admission was made before, on or after that commencement ; and
(b) those proceedings were instituted on or after that commencement or were pending immediately before that commencement.
(4) Section 1 0W of the Family Law Act 1975 , as inserted by this Schedule, applies in relation to the performance of functions of a family safety risk screening person on or after the commencement of this item.
Part 2 -- Contingent amendments
4 Section 1 0Q
Omit "Family Court of Australia or Federal Circuit Court of Australia", substitute "Federal Circuit and Family Court of Australia ( Division 1 ) or Federal Circuit and Family Court of Australia ( Division 2 )".
5 Subparagraphs 1 0R(a)(i) and (ii)
Repeal the subparagraphs, substitute:
(i) the Federal Circuit and Family Court of Australia ( Division 1 ); or
(ii) the Federal Circuit and Family Court of Australia ( Division 2 ); or
6 Section 1 0W
Omit "Family Court", substitute "Federal Circuit and Family Court of Australia ( Division 1 )".