Western Australian Current Acts

EVIDENCE ACT 1906 - SECT 39

39 .         Expert evidence of family violence

        (1)         This section applies to any criminal proceedings where evidence of family violence is relevant to a fact in issue.

        (2)         The evidence of an expert on the subject of family violence is admissible in relation to any matter that may constitute evidence of family violence.

        (3)         Evidence given by the expert may include —

            (a)         evidence about the nature and effects of family violence on any person; and

            (b)         evidence about the effect of family violence on a particular person who has been the subject of family violence.

        (4)         For the purposes of this section, an expert on the subject of family violence includes a person who can demonstrate specialised knowledge, gained by training, study or experience, of any matter that may constitute evidence of family violence.

        [Section 39 inserted: No. 30 of 2020 s. 94.]