(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.]