Western Australian Current Acts

FAMILY COURT ACT 1997 - SECT 54

54 .         Admissibility of communications in family dispute resolution and in referrals from family dispute resolution — FLA s. 10J

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

            (a)         a family dispute resolution practitioner conducting family dispute resolution; or

            (b)         a person (the professional ) to whom a family dispute resolution practitioner 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 under 18 has been abused or is at risk of abuse; or

            (b)         a disclosure by a child under 18 that indicates that the child has been abused or is at risk of abuse,

                unless, in the opinion of the court, 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)         Subsection (1) does not apply to information necessary for a practitioner to give a certificate under section 66H(7).

        (4)         A family dispute resolution practitioner 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 54 inserted: No. 35 of 2006 s. 115.]