Australian Capital Territory Current Acts

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CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 868

How child concern reports may be used in evidence

    (1)     This section applies if a person honestly and without recklessness makes a child concern report.

    (2)     The report, or evidence of the contents of the report, is admissible in evidence in a proceeding in a court or tribunal only if—

        (a)     the report or evidence is given to the court or tribunal by the person who made the report; or

        (b)     the proceeding is a proceeding under the care and protection chapters in relation to the child or young person who is the subject of the report; or

        (c)     the proceeding is before a court hearing an appeal from a decision of the Childrens Court in a proceeding mentioned in paragraph (b); or

        (d)     the proceeding is about a charge or allegation made in a proceeding against a person in relation to the person's exercising a function under this Act.

    (3)     Before admitting a report, or evidence of a report, under this section, the court or tribunal must give the director-general the opportunity to be heard.

Note     For admissibility of a prenatal report, see s 364.



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