Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAMILY COURT ACT 1997 - SECT 202H

202H .         Rules of evidence not to apply unless court decides — FLA s. 69ZT

        (1)         The excluded rules of evidence do not apply to child-related proceedings.

        (2)         A court may give such weight (if any) as it thinks fit to evidence admitted as a consequence of a provision of the Evidence Act 1906 or the rules of evidence not applying because of subsection (1).

        (3)         Despite subsection (1), a court may decide to apply one or more of the excluded rules of evidence to an issue in the proceedings, if —

            (a)         the court is satisfied that the circumstances are exceptional; and

            (b)         the court has taken into account (in addition to any other matters the court thinks relevant) —

                  (i)         the importance of the evidence in the proceedings; and

                  (ii)         the nature of the subject matter of the proceedings; and

                  (iii)         the probative value of the evidence; and

                  (iv)         the powers of the court (if any) to adjourn the hearing, to make another order or to give a direction in relation to the evidence.

        (4)         If a court decides to apply an excluded rule of evidence to an issue in the proceedings, the court may give such weight (if any) as it thinks fit to evidence admitted as a consequence of the application of the excluded rule of evidence.

        (5)         Subsection (1) does not revive the operation of —

            (a)         a rule of common law; or

            (b)         any written law,

                that, but for subsection (1), would have been prevented from operating because of an excluded rule of evidence.

        (6)         In this section —

        child-related proceedings includes proceedings that are child-related proceedings within the meaning of the Family Law Act;

        excluded rules of evidence means such provisions of the Evidence Act 1906 and the rules of evidence as most closely correspond to the provisions of the Evidence Act 1995 of the Commonwealth referred to in section 69ZT of the Family Law Act.

        [Section 202H inserted: No. 35 of 2006 s. 105.]

[ 202I.         Deleted: No. 13 of 2013 s. 28.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback