Western Australian Current Acts

FAMILY COURT ACT 1997 - SECT 217

217 .         Admissibility of evidence after medical examination etc. of children — FLA s. 102A(1), (2), (4) and (5)

        (1)         Subject to this section, where a child is examined in proceedings under this Act without the leave of the court hearing the proceedings, the evidence resulting from the examination which relates to the abuse of, or the risk of abuse of, the child is not admissible in the proceedings.

        (2)         Where a person causes a child to be examined for the purpose of deciding —

            (a)         to bring proceedings under this Act involving an allegation that the child has been abused or is at risk of being abused; or

            (b)         to make an allegation in proceedings under this Act that the child has been abused or is at risk of being abused,

                subsection (1) does not apply in relation to evidence resulting from the first examination which the person caused the child to undergo.

        (3)         In proceedings under this Act, the court hearing the proceedings may admit evidence which is otherwise inadmissible under this section if the court is satisfied that —

            (a)         the evidence relates to relevant matters on which the evidence already before the court is inadequate; and

            (b)         the court will not be able to determine the proceedings properly unless the evidence is admitted; and

            (c)         the welfare of the child concerned is likely to be served by the admission of the evidence.

        (4)         In this section —

        examined , in relation to a child, means —

            (a)         subjected to a medical procedure; or

            (b)         examined or assessed by a psychiatrist or psychologist (other than by a family counsellor or family consultant).

        [Section 217 amended: No. 35 of 2006 s. 124.]