871Confidential report—evidence admissible with agreement

871 Confidential report—evidence admissible with agreement or leave (1) This section applies to evidence— (a) that a particular matter is contained in a confidential report; or (b) that identifies, or is likely to lead to the identification of, the confidential reporter. (2) The evidence is admissible in a proceeding in a court or tribunal only if— (a) the confidential reporter agrees, in writing, to the admission of the evidence; or (b) the court or tribunal gives leave for the evidence to be given.

(3) The court or tribunal may give leave under subsection (2) (b) only if satisfied that it is necessary for the evidence to be given— (a) to ensure the safety and wellbeing of a child or young person; or (b) in relation to a charge or allegation made in a proceeding against someone about the exercise of the person’s functions under this Act; or (c) to decide whether the report was made honestly and without recklessness.