Western Australian Current Acts

RESTRAINING ORDERS ACT 1997 - SECT 10R

10R .         Disputed eligibility assessment report

        (1)         If the respondent disputes any matter in an eligibility assessment report, the court must not take the disputed matter into consideration when determining the proceeding unless it is satisfied, on the balance of probabilities, that the matter is true.

        (2)         The court must not, without the respondent’s consent, take into consideration an eligibility assessment report, or part of such a report, when determining the proceeding if —

            (a)         the respondent disputes all or part of the report; and

            (b)         the eligibility assessor who gave the report to the court does not attend the hearing of the proceeding despite having been required to attend under section 10Q.

        [Section 10R inserted: No. 49 of 2016 s. 14.]