Revised Laws of Saint Lucia (2021)

14.   Protection of person

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    (1)   If a person, in good faith, makes a report under section 13 —

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      (a)     the making of the report does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct;

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      (b)     liability is not incurred for defamation as a consequence of the report;

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      (c)     the making of the report does not constitute a ground for civil proceedings for malicious prosecution or for conspiracy;

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      (d)     the report or evidence of its contents, is not admissible in proceedings, other than in proceedings relating to the care and protection of a child in the Court;

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      (e)     the person cannot be compelled in proceedings, to produce the report or a copy of or an extract from the report or to disclose or give evidence of its contents; and

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      (f)     the identity of the person who made the report or information from which the identity of that person could be deduced, must not be disclosed to another person, except with —

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        (i)     the consent of the person who made the report, or

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        (ii)     the leave of the Court before which proceedings relating to the report are conducted.

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    (2)   Subsection (1) does not apply if the person knowingly makes a report or provides information which is false or misleading.

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    (3)   If consent or leave is not granted under subsection (1)(f), a party or witness in the proceedings must not be asked, and if asked, is not required to answer a question that cannot be answered without disclosing the identity or leading to the identification of the person who made the report.

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    (4)   Subsection (1)(f) does not prevent the disclosure of information from which the identity of the person may be deduced if the prohibition on the disclosure of that information would prevent the proper investigation of the report.

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    (5)   The Court shall not grant leave under subsection (1)(f)(ii) unless the 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.

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    (6)   If leave is granted under this section, the Court shall —

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      (a)     state the reasons for the grant of leave; and

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      (b)     direct that the Director be informed that evidence as to the identity of the person who made the report, or from which the identity of that person could be deduced, has been disclosed.

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    (7)   A report to which this section applies is an exempt document for the purposes of a law in force relating to the freedom of information.

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    (8)   A report that is certified by the Director is admissible in proceedings relating to the care and protection of a child.