Western Australian Current Acts

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FAMILY COURT ACT 1997 - SECT 50

50 .         Admissibility of communications in family counselling and in referrals from family counselling — FLA s. 10E

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

            (a)         a family counsellor conducting family counselling; or

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

                is not admissible —

            (c)         in any court (whether of a kind referred to in section 8(a) or (b) or otherwise); or

            (d)         in any proceedings before a board, tribunal or person authorised to hear evidence.

        (2)         Subsection (1) does not apply to —

            (a)         an admission by an adult that indicates that a child who has not attained the age of 18 years has been abused or is at risk of abuse; or

            (b)         a disclosure by a child who has not attained the age of 18 years that indicates that the child has been abused or is at risk of abuse,

                unless, in the opinion of the court or board, tribunal or person authorised to hear evidence referred to in subsection (1), there is sufficient evidence of the admission or disclosure available to the court from other sources.

        (3)         A family counsellor who refers a person to a professional (within the meaning of subsection (1)(b)) must inform the professional of the effect of this section.

        [Section 50 inserted: No. 35 of 2006 s. 115.]

        [Heading inserted: No. 35 of 2006 s. 115.]



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