Australian Capital Territory Current Acts

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PARENTAGE ACT 2004 - SECT 36

Reports of medical tests

    (1)     This section applies if—

        (a)     the court makes a parentage testing order in a proceeding; and

        (b)     a medical test required under the order is carried out in accordance with the regulations.

    (2)     A report prepared in accordance with the regulations by the person who carried out the test, and stating the result of the test, is admissible in the proceeding as evidence of matters stated in the report.

    (3)     The court may call as a witness—

        (a)     the person who prepared the report; or

        (b)     anyone who assisted in carrying out the medical tests mentioned in the report.

    (4)     The court may act under subsection (3)—

        (a)     on its own initiative; or

        (b)     on the application of a party to the proceeding; or

        (c)     if the child whose parentage is in issue is not a party—on the application of the child.

    (5)     If the child makes an application, the child must be joined as a party to the proceeding.

    (6)     A person called as a witness under subsection (3) may be cross-examined by any party to the proceeding, including a party who called the person.

    (7)     The cost of carrying out a medical test under the parentage testing order (including any expenses reasonably incurred in taking any steps required for the purpose) and preparing a report in relation to the test must be regarded as costs of the proceeding.



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