Section 67ZBF — Family Law Act 1975: Disclosure of protected material

(1) An order made under section 67ZBD or 67ZBE does not require, but allows, an information sharing agency to: (a) give the court particulars of a document or information, to the extent that the particulars would reveal protected material; or (b) produce a document to the court, to the extent that the document contains protected material; or (c) give the court information that is protected material. Note: An information sharing agency’s ability to give the court particulars, documents or information may also be affected by the information sharing safeguards: see subsection 67ZBI(1). (2) If the agency does not give the court particulars or information, or does not produce a document, on the grounds that the particulars would reveal, or the document contains or the information is, protected material, the agency must inform the court: (a) that the agency has not provided, or, that in the agency’s opinion it is not required to provide, certain particulars, documents or information; and (b) in the agency’s opinion, which of paragraphs (3)(a) to (c) apply to the particulars, document or information. (3) Protected material is information: (a) that is the subject of legal professional privilege; or (b) that discloses, or would enable a person to ascertain, the identity of a person who communicated information to the agency in confidence; or (c) the disclosure of which would: (i) endanger a person’s life or present an unreasonable risk of harm to a person; or (ii) prejudice legal proceedings (including proceedings in a tribunal and a coronial inquiry, investigation and inquest); or (iii) contravene a court order or law that, disregarding subsections 67ZBD(7) and 67ZBE(7), would restrict the publication or other disclosure of information in connection with legal proceedings; or (iv) be contrary to the public interest.