Western Australian Current Acts Western Australian Current Acts (1) The requirements
of subsection (2) apply if, in proceedings under this Act —
(a) a
party (the examining party ) intends to cross-examine another party (the
witness party ); and
(b)
there is an allegation of family violence between the examining party and the
witness party; and
(c) any
of the following are satisfied —
(i)
either party has been convicted of, or is charged with,
an offence involving violence, or a threat of violence, to the other party;
(ii)
a family violence order (other than an interim order)
applies to both parties;
(iii)
an injunction under section 235 or 235A for the personal
protection of either party is directed against the other party;
(iv)
the court makes an order that the requirements of
subsection (2) are to apply to the cross-examination.
(2) Both of the
following requirements apply to the cross-examination —
(a) the
examining party must not cross-examine the witness party personally;
(b) the
cross-examination must be conducted by a legal practitioner acting on behalf
of the examining party.
(3) The court may make
an order under subsection (1)(c)(iv) —
(a) on
its own initiative; or
(b) on
the application of —
(i)
the witness party; or
(ii)
the examining party; or
(iii)
if an independent children’s lawyer has been
appointed for a child in relation to the proceedings — that lawyer.
[Section 219AK inserted: No. 16 of 2021 s. 4;
amended: No. 9 of 2022 s. 424.]