New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 93

93 General nature of proceedings

(1) Proceedings before the Children's Court are not to be conducted in an adversarial manner.

(2) Proceedings before the Children's Court are to be conducted with as little formality and legal technicality and form as the circumstances of the case permit.

(3) The Children's Court is not bound by the rules of evidence unless, in relation to particular proceedings or particular parts of proceedings before it, and subject to subsections (1) and (2), the Children's Court determines that the rules of evidence, or such of those rules as are specified by the Children's Court, are to apply to those proceedings or parts.

(3A) Without limiting subsection (3), the Children's Court may determine that the rules of evidence or certain rules of evidence are to apply in relation to proceedings or parts of proceedings if--

(a) a party to the proceedings applies to the Court for the rules of evidence or certain rules of evidence to apply in relation to the proof of a fact, and

(b) in the Court's opinion, proof of that fact is or will be significant to the determination of the proceedings or parts of the proceedings.

(4) In any proceedings before the Children's Court, the standard of proof is proof on the balance of probabilities.

(5) Without limiting subsection (4), any requirement under this Act that the Children's Court be satisfied as to a particular matter is a requirement that the Children's Court be satisfied on the balance of probabilities.