Section 102BD — Family Law Act 1975 (Cth)

(1) The court may direct that a document or part of a document not be produced, or not be inspected, or not be copied, in proceedings under this Act, despite a disclosure requirement (see subsection (2)), if the court finds that compliance with the disclosure requirement would disclose:

(a) a protected confidence; or

(b) the contents of a document recording or relating to a protected confidence.

(2) Each of the following is a disclosure requirement:

(a) a subpoena to produce a document;

(b) a requirement under this Act or the applicable Rules of Court that a party to proceedings produce a document or part of a document in the proceedings.

(3) The court may give the direction:

(a) on its own initiative; or

(b) on application by:

(i) the confidant; or

(ii) a person who is in possession or has control of a document recording or relating to a protected confidence; or

(iii) a litigation guardian; or

(c) if the protected confider is aged 18 or over—on application by the protected confider; or

(d) if the protected confider is a child aged under 18—on application by:

(i) a person who has parental responsibility (within the meaning of Part VII) for the child; or

(ii) an independent children’s lawyer who represents the interests of the child in the proceedings; or

(iii) a person who has care of the child; or

(iv) a person who proposes to have parental responsibility for the child.

(4) The person to whom the disclosure requirement applies is not required to comply with it at any time while the court is deciding whether to give the direction.

(5) The court may order that a document or part of a document be produced to the court to inspect for the purposes of deciding whether to give the direction.

(6) A document or part of a document to which a direction under this section relates is not admissible in the proceedings.

Related sections

• s 102BA — Definition of protected confidence
• s 102BB — Definition of professional service
• s 102BC — Direction in relation to adducing evidence
• s 102BE — Grounds and considerations for directions
• s 102BF — Consent by protected confider
• s 102C — Testimony

Research how courts apply s 102BD

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