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FAMILY LAW ACT 1975 - SECT 69ZT

Rules of evidence not to apply unless court decides

             (1)  These provisions of the Evidence Act 1995 do not apply to child-related proceedings:

                     (a)  Divisions 3, 4 and 5 of Part 2.1 (which deal with general rules about giving evidence, examination in chief, re-examination and cross-examination), other than sections 26, 30, 36 and 41;

Note:       Section 26 is about the court's control over questioning of witnesses. Section 30 is about interpreters. Section 36 relates to examination of a person without subpoena or other process. Section 41 is about improper questions.

                     (b)  Parts 2.2 and 2.3 (which deal with documents and other evidence including demonstrations, experiments and inspections);

                     (c)  Parts 3.2 to 3.8 (which deal with hearsay, opinion, admissions, evidence of judgments and convictions, tendency and coincidence, credibility and character).

             (2)  The court may give such weight (if any) as it thinks fit to evidence admitted as a consequence of a provision of the Evidence Act 1995 not applying because of subsection (1).

             (3)  Despite subsection (1), the court may decide to apply one or more of the provisions of a Division or Part mentioned in that subsection 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 the court decides to apply a provision of a Division or Part mentioned in subsection (1) 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 provision applying.

             (5)  Subsection (1) does not revive the operation of:

                     (a)  a rule of common law; or

                     (b)  a law of a State or a Territory;

that, but for subsection (1), would have been prevented from operating because of a provision of a Division or Part mentioned in that subsection.



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