Western Australian Current Acts Western Australian Current Acts (1) It is a defence to
a charge under section 61 for the person who is bound by the order to satisfy
the court that in carrying out the act that constituted the offence, the
person was —
(a)
using a process of family dispute resolution, as defined in the
Family Court Act 1997 ; or
(b)
instructing, or acting through, a legal practitioner or a person acting under
section 48 of the Aboriginal Affairs Planning Authority Act 1972 , or using
conciliation, mediation or another form of consensual dispute resolution
provided by a legal practitioner; or
(c)
acting in accordance with an action taken by a person or authority under a
child welfare law, within the meaning of section 50B(4); or
(ca)
attending a court hearing in proceedings under this Act or under any other
written law; or
(d)
acting as the result of such an emergency that an ordinary person in similar
circumstances would have acted in the same or a similar way.
[(2) deleted]
[Section 62 inserted: No. 38 of 2004 s. 42;
amended: No. 35 of 2006 s. 208; No. 21 of 2008 s. 699; No. 49 of 2016 s. 62.]
[Heading inserted: No. 38 of 2004 s. 43(1).]