Commonwealth Consolidated Acts

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Admissibility of communications with family consultants and referrals from family consultants

  (1)   Evidence of anything said, or any admission made, by or in the company of:

  (a)   a family consultant performing the functions of a family consultant; or

  (b)   a person (the professional ) to whom a family consultant refers a person for medical or other professional consultation, while the professional is carrying out professional services for the person;

is admissible in proceedings under this Act.

Note 1:   Communications with family consultants are not confidential (except in the special circumstances set out in subsection   281(3) of the Federal Circuit and Family Court of Australia Act 2021 in relation to consultants having several roles).

Note 2:   Subsection   (1) does not prevent things said or admissions made by or in the company of family consultants from being admissible in proceedings other than proceedings under this Act.

  (2)   Subsection   (1) does not apply to a thing said or an admission made by a person who, at the time of saying the thing or making the admission, had not been informed of the effect of subsection   (1).

  (3)   Despite subsection   (2), a thing said or admission made is admissible even if the person who said the thing or made the admission had not been informed of the effect of subsection   (1), if:

  (a)   the thing was said or the admission was made by a person (including a child under 18) indicating that a child under 18 has been abused or is at risk of abuse; and

  (b)   for a thing or admission that was obtained improperly or in contravention, or in consequence of an impropriety or of a contravention, of an Australian law--the evidence is admissible under section   138 of the Evidence Act 1995 ;

unless, in the opinion of the court, sufficient evidence of the thing said or the admission made is available to the court from other sources.

Note:   A thing that is said, or an admission that is made, by a child under 18 may relate to the child him or herself, or another child under 18.

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