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FAMILY LAW ACT 1975 - SECT 10V Admissibility of family safety risk screening information etc.

FAMILY LAW ACT 1975 - SECT 10V

Admissibility of family safety risk screening information etc.

Family safety risk screening information

  (1)   Family safety risk screening information is not admissible:

  (a)   in any court (whether or not exercising federal jurisdiction); or

  (b)   in any proceedings before a person authorised to hear evidence (whether the person is authorised by a law of the Commonwealth, a State or a Territory, or by the consent of the parties).

  (2)   Subsection   (1) does not apply to family safety risk screening information that indicates that a child under 18 has been abused or is at risk of abuse, unless, in the opinion of the court, there is sufficient evidence of the information available to the court from other sources.

Evidence of things said or admissions made in company of professionals

  (3)   Evidence of anything said, or any admission made, by or in the company of a person (the professional ) to whom a family safety risk screening person refers a party to the proceedings concerned (the referred party ) for medical or other professional services, while that professional is providing such services to the referred party, is not admissible:

  (a)   in any court (whether or not exercising federal jurisdiction); or

  (b)   in any proceedings before a person authorised to hear evidence (whether the person is authorised by a law of the Commonwealth, a State or a Territory, or by the consent of the parties).

  (4)   Subsection   (3) does not apply to a thing said or an admission made by the referred party (including a child under 18) indicating that a child under 18 has been abused or is at risk of abuse, unless, in the opinion of the court, there is sufficient evidence of the thing said, or the admission made, available to the court from other sources.

Professional to be informed of effect of section

  (5)   A family safety risk screening person who refers a party to a professional (within the meaning of subsection   (3)) must inform the professional of the effect of this section.

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