Western Australian Current Acts Western Australian Current Acts (1) If a person who
made an application under section 45 does not attend a hearing fixed under
section 47, the court —
(a) if
it is satisfied the person was notified of the hearing, is to dismiss the
application; or
(b)
otherwise, is to adjourn the hearing.
(2) If —
(a) a
person summonsed under section 47(1) or 47(2) does not attend; or
(b)
where the Commissioner of Police was notified under section 47(3), no police
officer nominated under that section attends,
a hearing fixed under
that section and the person who made the application does attend, the court
—
(c) if
it is satisfied the summonsed person was served with the summons, or that the
Commissioner of Police was notified of the hearing, is to hear the matter in
the absence of the summonsed person or a nominated police officer; or
(d)
otherwise, is to adjourn the hearing.
(3) At a hearing
referred to in subsection (2) —
(a)
attended by the applicant but not by a person summonsed under section 47(1) or
47(2) or a police officer nominated under section 47(3); or
(b)
attended by both the applicant and by a person summonsed under section 47(1)
or 47(2) or a police officer nominated under section 47(3),
a court is to admit as
evidence any record of evidence given (including any affidavit filed) at a
prior hearing in relation to the application, or the application for the
original restraining order, that is relevant to the application.
(4) A court is not to
admit as evidence a record of evidence referred to in subsection (3) unless
—
(a) the
person who gave the evidence is available to be cross-examined on that
evidence; or
(b) the
laws of evidence allow the record to be admitted; or
(c) each
party at the hearing consents.
[Section 48 amended: No. 22 of 2000 s. 10(4); No.
38 of 2004 s. 31; No. 5 of 2008 s. 97.]