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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Family Court Amendment Bill 2021
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Part 8 Division 3 inserted 2
Division 3 -- Cross-examination of parties where
allegations of family violence
219AJ. Application of Division 2
219AK. Mandatory protections for parties in
certain cases -- FLA s. 102NA 3
219AL. Court-ordered protections in other
cases -- FLA s. 102NB 4
5. Section 243 amended 5
17--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Family Court Amendment Bill 2021
A Bill for
An Act to amend the Family Court Act 1997.
The Parliament of Western Australia enacts as follows:
page 1
Family Court Amendment Bill 2021
s. 1
1 1. Short title
2 This is the Family Court Amendment Act 2021.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on the day after that day.
8 3. Act amended
9 This Act amends the Family Court Act 1997.
10 4. Part 8 Division 3 inserted
11 At the end of Part 8 insert:
12
13 Division 3 -- Cross-examination of parties where
14 allegations of family violence
15 219AJ. Application of Division
16 (1) In this section --
17 commencement day means the day on which the
18 Family Court Amendment Act 2021 section 4 comes
19 into operation;
20 specified day means the day after the period of 90 days
21 beginning on commencement day.
22 (2) This Division applies to cross-examinations occurring
23 on or after the specified day in proceedings instituted
24 before, on or after the commencement day.
page 2
Family Court Amendment Bill 2021
s. 4
1 219AK. Mandatory protections for parties in certain
2 cases -- FLA s. 102NA
3 (1) The requirements of subsection (2) apply if, in
4 proceedings under this Act --
5 (a) a party (the examining party) intends to
6 cross-examine another party (the witness
7 party); and
8 (b) there is an allegation of family violence
9 between the examining party and the witness
10 party; and
11 (c) any of the following are satisfied --
12 (i) either party has been convicted of, or is
13 charged with, an offence involving
14 violence, or a threat of violence, to the
15 other party;
16 (ii) a family violence order (other than an
17 interim order) applies to both parties;
18 (iii) an injunction under section 235 or 235A
19 for the personal protection of either
20 party is directed against the other party;
21 (iv) the court makes an order that the
22 requirements of subsection (2) are to
23 apply to the cross-examination.
24 (2) Both of the following requirements apply to the
25 cross-examination --
26 (a) the examining party must not cross-examine the
27 witness party personally;
28 (b) the cross-examination must be conducted by an
29 Australian legal practitioner acting on behalf of
30 the examining party.
page 3
Family Court Amendment Bill 2021
s. 4
1 (3) The court may make an order under
2 subsection (1)(c)(iv) --
3 (a) on its own initiative; or
4 (b) on the application of --
5 (i) the witness party; or
6 (ii) the examining party; or
7 (iii) if an independent children's lawyer has
8 been appointed for a child in relation to
9 the proceedings -- that lawyer.
10 219AL. Court-ordered protections in other cases -- FLA
11 s. 102NB
12 (1) Subsection (2) applies if, in proceedings under this
13 Act --
14 (a) a party (the examining party) intends to
15 cross-examine another party (the witness party)
16 personally; and
17 (b) there is an allegation of family violence
18 between the examining party and the witness
19 party; and
20 (c) section 219AK does not apply to prevent the
21 examining party cross-examining the witness
22 party personally.
23 (2) The court must ensure that during the
24 cross-examination there are appropriate protections for
25 the party who is the alleged victim of the family
26 violence.
page 4
Family Court Amendment Bill 2021
s. 5
1 5. Section 243 amended
2 (1) In section 243(1) delete the passage that begins with "A person"
3 and ends with "disseminate" and insert:
4
5 A person commits a crime if the person publishes in a
6 newspaper or periodical publication or by radio broadcast,
7 television or other electronic means, or otherwise disseminates
8
9 (2) In section 243(1) delete the Penalty and insert:
10
11 Penalty for this subsection:
12 (a) for an individual, imprisonment for
13 12 months and a fine of $5 500;
14 (b) for a body corporate, a fine of $11 000.
15 Summary conviction penalty for this subsection:
16 (a) for an individual, a fine of $2 750;
17 (b) for a body corporate, a fine of $5 500.
18
19 (3) In section 243(2) delete the passage that begins with "A person"
20 and ends with "disseminate" and insert:
21
22 A person commits a crime if the person, except as permitted by
23 the rules, publishes in a newspaper or periodical publication or
24 by radio broadcast, television or other electronic means, or
25 otherwise disseminates
26
27 (4) In section 243(2) delete the Penalty and insert:
28
29 Penalty for this subsection:
30 (a) for an individual, imprisonment for
31 12 months and a fine of $5 500;
page 5
Family Court Amendment Bill 2021
s. 5
1 (b) for a body corporate, a fine of $11 000.
2 Summary conviction penalty for this subsection:
3 (a) for an individual, a fine of $2 750;
4 (b) for a body corporate, a fine of $5 500.
5
6 (5) Delete section 243(5).
7 (6) After section 243(8)(a) insert:
8
9 (aa) the communication of any pleading, transcript
10 of evidence or other document to an authority
11 of a State or Territory that has responsibilities
12 relating to the welfare of children and is
13 prescribed by the regulations for the purposes
14 of this paragraph; or
15
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