sec.191Refusal to disclose particular documents or information

### sec.191 Refusal to disclose particular documents or information Subsection (2) states the grounds on which— the litigation director may refuse to disclose a document to a party to a proceeding under section 189C ; or another person who is or was engaged in the administration of this Act may refuse to disclose to a court or tribunal in a proceeding, or to a party to a proceeding, information obtained under or in relation to the administration of this Act. The litigation director or other person may refuse to disclose the document or information if— it is the subject of legal professional privilege; or it is a communication between— a public service employee employed in the department; and the litigation director, a member of the litigation director’s staff or a lawyer engaged under the Director of Child Protection Litigation Act 2016 , section 11 ; or its disclosure would be likely to endanger a person’s safety or psychological health; or it identifies or is likely to identify its source and identification of the source is likely to prejudice the achievement of the purposes of this Act; or it is a record of confidential therapeutic counselling and the person to whom it relates does not consent to its disclosure; or its disclosure could reasonably be expected to— prejudice the investigation of a contravention or possible contravention of the law in a particular case; or prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or the litigation director or other person reasonably believes— it is or contains personal information that is not materially relevant to the proceeding; or its disclosure would be contrary to the public interest; or there is other good reason for not disclosing it, having regard to the best interests of a child who is a subject of the proceeding; or the party already has the document, or a copy of the document, or the information. The litigation director or other person must refuse to disclose a record mentioned in subsection (2) (e) unless the litigation director or other person considers disclosure is necessary to prevent or lessen a risk of harm to a child or serious risk to the health or safety of anyone else. Despite subsections (2) and (3) , on the application of a party to the proceeding, the court or tribunal may order the disclosure of the document or information if satisfied— it is materially relevant to the proceeding; and its disclosure is, on balance, in the public interest. The court or tribunal may order the disclosure on the conditions it considers appropriate, including conditions to ensure the best interests of a child who is a subject of the proceeding and the privacy and safety of any individual. To enable the court or tribunal to make a decision about the disclosure of the document or information, the litigation director or other person must disclose it to the judicial officers of the court or tribunal. In deciding whether or not the document or information should be disclosed, the judicial officers must deal with it in a way that ensures it is not disclosed to anyone else. If the court or tribunal refuses to order disclosure of the document or information, the judicial officers must return anything produced to them under subsection (6) . The rules of court may make provision about a matter under this section. In this section— judicial officers , of a court or tribunal, means the person or persons constituting the court or tribunal. s 191 amd 2003 No. 57 s 39 (1) sch 3 sub 2016 No. 24 s 32 amd 2022 No. 7 s 132 sch 1 (sec.191-ssec.1) Subsection (2) states the grounds on which— the litigation director may refuse to disclose a document to a party to a proceeding under section 189C ; or another person who is or was engaged in the administration of this Act may refuse to disclose to a court or tribunal in a proceeding, or to a party to a proceeding, information obtained under or in relation to the administration of this Act. (sec.191-ssec.2) The litigation director or other person may refuse to disclose the document or information if— it is the subject of legal professional privilege; or it is a communication between— a public service employee employed in the department; and the litigation director, a member of the litigation director’s staff or a lawyer engaged under the Director of Child Protection Litigation Act 2016 , section 11 ; or its disclosure would be likely to endanger a person’s safety or psychological health; or it identifies or is likely to identify its source and identification of the source is likely to prejudice the achievement of the purposes of this Act; or it is a record of confidential therapeutic counselling and the person to whom it relates does not consent to its disclosure; or its disclosure could reasonably be expected to— prejudice the investigation of a contravention or possible contravention of the law in a particular case; or prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or the litigation director or other person reasonably believes— it is or contains personal information that is not materially relevant to the proceeding; or its disclosure would be contrary to the public interest; or there is other good reason for not disclosing it, having regard to the best interests of a child who is a subject of the proceeding; or the party already has the document, or a copy of the document, or the information. (sec.191-ssec.3) The litigation director or other person must refuse to disclose a record mentioned in subsection (2) (e) unless the litigation director or other person considers disclosure is necessary to prevent or lessen a risk of harm to a child or serious risk to the health or safety of anyone else. (sec.191-ssec.4) Despite subsections (2) and (3) , on the application of a party to the proceeding, the court or tribunal may order the disclosure of the document or information if satisfied— it is materially relevant to the proceeding; and its disclosure is, on balance, in the public interest. (sec.191-ssec.5) The court or tribunal may order the disclosure on the conditions it considers appropriate, including conditions to ensure the best interests of a child who is a subject of the proceeding and the privacy and safety of any individual. (sec.191-ssec.6) To enable the court or tribunal to make a decision about the disclosure of the document or information, the litigation director or other person must disclose it to the judicial officers of the court or tribunal. (sec.191-ssec.7) In deciding whether or not the document or information should be disclosed, the judicial officers must deal with it in a way that ensures it is not disclosed to anyone else. (sec.191-ssec.8) If the court or tribunal refuses to order disclosure of the document or information, the judicial officers must return anything produced to them under subsection (6) . (sec.191-ssec.9) The rules of court may make provision about a matter under this section. (sec.191-ssec.10) In this section— judicial officers , of a court or tribunal, means the person or persons constituting the court or tribunal. - (a) the litigation director may refuse to disclose a document to a party to a proceeding under section 189C ; or - (b) another person who is or was engaged in the administration of this Act may refuse to disclose to a court or tribunal in a proceeding, or to a party to a proceeding, information obtained under or in relation to the administration of this Act. - (a) it is the subject of legal professional privilege; or - (b) it is a communication between— (i) a public service employee employed in the department; and (ii) the litigation director, a member of the litigation director’s staff or a lawyer engaged under the Director of Child Protection Litigation Act 2016 , section 11 ; or - (i) a public service employee employed in the department; and - (ii) the litigation director, a member of the litigation director’s staff or a lawyer engaged under the Director of Child Protection Litigation Act 2016 , section 11 ; or - (c) its disclosure would be likely to endanger a person’s safety or psychological health; or - (d) it identifies or is likely to identify its source and identification of the source is likely to prejudice the achievement of the purposes of this Act; or - (e) it is a record of confidential therapeutic counselling and the person to whom it relates does not consent to its disclosure; or - (f) its disclosure could reasonably be expected to— (i) prejudice the investigation of a contravention or possible contravention of the law in a particular case; or (ii) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or (iii) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or - (i) prejudice the investigation of a contravention or possible contravention of the law in a particular case; or - (ii) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or - (iii) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or - (g) the litigation director or other person reasonably believes— (i) it is or contains personal information that is not materially relevant to the proceeding; or (ii) its disclosure would be contrary to the public interest; or (iii) there is other good reason for not disclosing it, having regard to the best interests of a child who is a subject of the proceeding; or - (i) it is or contains personal information that is not materially relevant to the proceeding; or - (ii) its disclosure would be contrary to the public interest; or - (iii) there is other good reason for not disclosing it, having regard to the best interests of a child who is a subject of the proceeding; or - (h) the party already has the document, or a copy of the document, or the information. - (i) a public service employee employed in the department; and - (ii) the litigation director, a member of the litigation director’s staff or a lawyer engaged under the Director of Child Protection Litigation Act 2016 , section 11 ; or - (i) prejudice the investigation of a contravention or possible contravention of the law in a particular case; or - (ii) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or - (iii) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or - (i) it is or contains personal information that is not materially relevant to the proceeding; or - (ii) its disclosure would be contrary to the public interest; or - (iii) there is other good reason for not disclosing it, having regard to the best interests of a child who is a subject of the proceeding; or - (a) it is materially relevant to the proceeding; and - (b) its disclosure is, on balance, in the public interest.