65Protection of person notifying of contravention of Act, &c.

65 Protection of person notifying of contravention of Act, &c.

(1)  A person who believes on reasonable grounds that this Act, the regulations, the Standards or the conditions to which a licence is subject are being, or have been, contravened and notifies the Secretary or an authorised officer of that belief and those grounds is not liable –

(a) to any action or proceedings for unprofessional conduct or a breach of professional ethics in respect of that notification; or

(b) in any legal proceedings in respect of that notification.

(2)  In any legal proceedings, evidence as to the grounds contained in a notification referred to in subsection (1) may be given but evidence that a particular matter is contained in such a notification or evidence that identifies, or is likely to lead to the identification of, the person who made the notification is only admissible in the proceedings if the court grants leave or that person consents in writing.

(3)  A witness in a legal proceeding must not be asked and, if asked, may refuse to answer –

(a) any question to which the answer would or might identify the person who made a notification referred to in subsection (1) ; or

(b) any question as to whether any matter is contained in a notification referred to in subsection (1)  –

unless the court grants leave for the question to be asked or that person has consented to the question being asked.

(4)  A court may only grant leave under subsection (2) or (3) if it is satisfied that –

(a) it is necessary to ensure the safety and wellbeing of a child who is being provided with a child care service; or

(b) the interests of justice require it.

(5)  Except as allowed by subsection (2) or (3) , a person concerned in the administration or enforcement of this Act, the regulations or the Standards who learns the identity of a person who made a notification referred to in subsection (1) must not disclose to a person not so concerned in the administration or enforcement of this Act, the regulations or the Standards –