16Confidentiality of person informing of knowledge, belief or suspicion of abuse or neglect or certain behaviour

### 16 Confidentiality of person informing of knowledge, belief or suspicion of abuse or neglect or certain behaviour > > (1)  In this section –[*\[Section 16 Subsection (1) amended by No. 22 of 2009, s. 8, Applied:01 Aug 2009\]*](/view/html/inforce/2009-08-01/act-2009-022#GS8@Hpa@EN) [*\[Section 16 Subsection (1) amended by No. 15 of 2011, s. 6, Applied:28 Jun 2011\]*](/view/html/inforce/2011-06-28/act-2011-015#GS6@Hpa@EN) > > > > > [*\[Section 16 Subsection (1) amended by No. 29 of 2019, s. 5, Applied:02 Oct 2019\]*](/view/html/inforce/2019-10-02/act-2019-029#GS5@Hpa@EN) ***law enforcement agency*** means – > > > > > > > > (a) the Police Service or the police force of another State or a Territory or of an overseas jurisdiction; or > > > > > > > > > (b) any other authority or person responsible for the investigation or prosecution of offences against the laws of the State or of the Commonwealth, another State or a Territory or an overseas jurisdiction; > > > > > [*\[Section 16 Subsection (1) amended by No. 22 of 2009, s. 8, Applied:01 Aug 2009\]*](/view/html/inforce/2009-08-01/act-2009-022#GS8@Hpb@EN) [*\[Section 16 Subsection (1) amended by No. 15 of 2011, s. 6, Applied:28 Jun 2011\]*](/view/html/inforce/2011-06-28/act-2011-015#GS6@Hpb@EN) ***notifier*** means a person who provides the Secretary or a Community-Based Intake Service with a risk notification. > > > (2)  [*\[Section 16 Subsection (2) amended by No. 15 of 2011, s. 6, Applied:28 Jun 2011\]*](/view/html/inforce/2011-06-28/act-2011-015#GS6@Hpc@EN) Subject to this section, a person who receives a risk notification from a notifier, or who otherwise becomes aware of the identity of a notifier because he or she is engaged in the administration of this Act, must not disclose the identity of the notifier to any other person unless the disclosure – > > > > > > (a) is made in the course of official duties under this Act to another person acting in the course of official duties; or > > > > > > > (b) is made with the consent of the notifier; or > > > > > > > (c) [*\[Section 16 Subsection (2) amended by No. 29 of 2019, s. 5, Applied:02 Oct 2019\]*](/view/html/inforce/2019-10-02/act-2019-029#GS5@Hpb@EN) is made by way of evidence adduced with leave granted by a court under [subsection (3)](#GS16@Gs3@EN) ; or > > > > > > > (d) [*\[Section 16 Subsection (2) amended by No. 29 of 2019, s. 5, Applied:02 Oct 2019\]*](/view/html/inforce/2019-10-02/act-2019-029#GS5@Hpc@EN) is made to a law enforcement agency. > > > > Penalty:  Fine not exceeding 40 penalty units or imprisonment for a term not exceeding 12 months, or both. > > > (3)  Evidence as to the identity of a notifier, or from which the identity of the notifier could be deduced, must not be adduced in proceedings before any court without leave of that court. > > > (4)  Unless a court grants leave under [subsection (3)](#GS16@Gs3@EN) , a party or witness in the proceedings must not be asked, and, if asked, cannot be required to answer, any question that cannot be answered without disclosing the identity of, or leading to the identification of, the notifier. > > > (5)  A court cannot grant leave under [subsection (3)](#GS16@Gs3@EN) unless – > > > > > > (a) that court is satisfied that the evidence is of critical importance in the proceedings and that failure to admit it would prejudice the proper administration of justice; or > > > > > > > (b) the notifier consents to the admission of the evidence in the proceedings. > > > (6)  An application to a court for leave to adduce evidence under [subsection (3)](#GS16@Gs3@EN)  – > > > > > > (a) must not, except as authorised by that court, be heard and determined in public; and > > > > > > > (b) must be conducted in a manner which protects, as far as may be practicable, the identity of the notifier pending the determination of the application. > > > (7)  [*\[Section 16 Subsection (7) amended by No. 15 of 2011, s. 6, Applied:28 Jun 2011\]*](/view/html/inforce/2011-06-28/act-2011-015#GS6@Hpd@EN) [*\[Section 16 Subsection (7) amended by No. 54 of 2009, Sched. 1, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-054#JS1@Ja4@GC1@EN) The [Right to Information Act 2009](/view/html/inforce/2026-04-12/act-2009-070) does not apply to the identity of a notifier or any information contained in or relating to a risk notification that may lead to the identification of the notifier.