Section 67ZBF — Family Law Act 1975 (Cth)

(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.

Related sections

• s 67ZBC — Meaning of information sharing agency
• s 67ZBD — Order to provide particulars of documents or information relating to certain matters
• s 67ZBE — Order to provide documents or information relating to certain matters
• s 67ZBG — Advice to court about risk of disclosure
• s 67ZBH — Admission of particulars, documents or information into evidence
• s 67ZBI — Information sharing agencies and court must have regard to information sharing safeguards

Research how courts apply s 67ZBF

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