Western Australian Current Acts

FAMILY COURT ACT 1997 - SECT 202K

202K .         Evidence relating to child abuse or family violence — FLA s. 69ZW

        (1)         A court may make an order in child-related proceedings requiring a prescribed government agency to provide the court with the documents or information specified in the order.

        (2)         The documents or information specified in the order must be documents recording, or information about, one or more of the following —

            (a)         any notifications to the prescribed government agency of suspected abuse of a child to whom the proceedings relate or of suspected family violence affecting the child;

            (b)         any assessments by the agency of investigations into a notification of that kind or the findings or outcomes of those investigations;

            (c)         any reports commissioned by the agency in the course of investigating a notification.

        (3)         Nothing in the order is to be taken to require a prescribed government agency to provide the court with —

            (a)         documents or information not in the possession or control of the agency; or

            (b)         documents or information that include the identity of the person who made a notification.

        (4)         A written law has no effect to the extent that it would, apart from this subsection, hinder or prevent a prescribed government agency complying with the order.

        (5)         A court must admit into evidence any documents or information, provided in response to the order, on which the court intends to rely.

        (6)         Despite subsection (5), a court must not disclose the identity of the person who made a notification, or information that could identify that person, unless —

            (a)         the person consents to the disclosure; or

            (b)         the court is satisfied that the identity or information is critically important to the proceedings and that failure to make the disclosure would prejudice the proper administration of justice.

        (7)         Before making a disclosure for the reasons in subsection (6)(b), a court must ensure that a prescribed government agency that provided the identity or information —

            (a)         is notified about the intended disclosure; and

            (b)         is given an opportunity to respond.

        (8)         In this section —

        prescribed government agency means —

            (a)         a department; or

            (b)         a State agency or instrumentality; or

            (c)         a body (whether incorporated or not) or the holder of an office, post or position, established or continued by or under a written law for a public purpose,

        prescribed for the purpose of this section.

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