Western Australian Current Acts

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FAMILY COURT ACT 1997 - SECT 160

160 .         Where member of Court personnel, family counsellor, family dispute resolution practitioner or arbitrator suspects child abuse etc. — FLA s. 67ZA

        (1)         This section applies to a person in the course of performing duties or functions, or exercising powers, as —

            (a)         the Principal Registrar, a registrar or a deputy registrar; or

            (b)         a family consultant; or

            (c)         a family counsellor; or

            (d)         a family dispute resolution practitioner; or

            (e)         an arbitrator; or

            (f)         a legal practitioner independently representing a child’s interests.

        (2)         If a person referred to in subsection (1) has reasonable grounds for suspecting that a child has been abused, or is at risk of being abused, the person must, as soon as practicable, notify the CEO of the suspicion and the basis for the suspicion.

        (3)         If a person referred to in subsection (1) has reasonable grounds for suspecting that a child —

            (a)         has been ill treated, or is at risk of being ill treated; or

            (b)         has been exposed or subjected, or is at risk of being exposed or subjected, to behaviour which psychologically harms the child,

                the person may notify the CEO of the suspicion and the basis for the suspicion.

        (4)         If a person mentioned in subsection (1) knows that the CEO has previously been notified under subsection (2) or section 159(2) that a child has been abused or is at risk of being abused —

            (a)         the person need not notify the CEO of a suspicion that the child has been abused or is at risk of being abused; but

            (b)         the person may notify the CEO of the suspicion.

        (5)         If notice under this section is given orally, written notice confirming the oral notice is to be given to the CEO as soon as practicable after the oral notice.

        (6)         If a person referred to in subsection (1) notifies the CEO under this section the person may make such disclosures of other information as the person reasonably believes are necessary to enable the CEO to properly manage the matter the subject of the notification.

        [Section 160 amended: No. 25 of 2002 s. 46; No. 34 of 2004 Sch. 2 cl. 10(7); No. 35 of 2006 s. 123.]



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