Commonwealth Numbered Acts

Family Law Amendment Act 1983 No. 72 of 1983 - SECT 54

54. After section 99 of the Principal Act the following section is inserted:
Paternity tests

''99A. (1) Without limiting the generality of section 99, where the paternity
of a child is a question in issue in proceedings under this Act, the court
may, of its own motion, upon the request of a party to the proceedings or upon
the request of a person who is representing the child pursuant to an order
under section 65-

   (a)  subject to such conditions as are specified in the direction, direct
        any of the persons referred to in sub-section (2) to submit to a
        prescribed medical procedure for the purpose of enabling the
        preparation of a report concerning the paternity of the child; and

   (b)  give such other directions as are necessary to give effect to a
        direction made under paragraph (a).

''(2) The persons who may, under sub-section (1), be directed to submit to a
prescribed medical procedure are-

   (a)  the child;

   (b)  the mother of the child; and

   (c)  any other person who is a relevant person in relation to the child.

''(3) A person is a relevant person in relation to a child if, in the opinion
of the court, the information that could be obtained if the prescribed medical
procedure were performed on that person might assist the preparation of a
report concerning the paternity of the child.

''(4) Where a person who has attained the age of 18 years fails to comply with
a direction given under sub-section (1) to submit to a prescribed medical
procedure, the person is not liable to any penalty in respect of the failure
to comply, but the court may draw such inferences from the failure to comply
as appear proper in the circumstances.

''(5) Where the court directs a child who has not attained the age of 18 years
to submit to a prescribed medical procedure, the prescribed medical procedure
shall not be performed on the child unless a person who is, for the purposes
of this Act, a guardian of the child consents to that prescribed medical
procedure being performed on the child, but the court may draw such inferences
from a refusal or failure to consent to that prescribed medical procedure
being performed on the child as appear proper in the circumstances.

''(6) Where a person who is a guardian of a child as mentioned in sub-section
(5) consents to a prescribed medical procedure being performed on the child
pursuant to a direction of the court given under sub-section (1), a prescribed
person who performs the prescribed medical procedure on the child in reliance
on that consent is not liable to any criminal or civil action at the instance
of any person in respect of the proper performance of that prescribed medical
procedure, but nothing in this sub-section detracts from any liability of the
prescribed person arising out of negligent performance of that prescribed
medical procedure.

''(7) A report in the prescribed form made by a person with prescribed
qualifications concerning the paternity of a child, being a report setting out
information obtained as the result of the carrying out of prescribed medical
procedures pursuant to a direction given under sub-section (1) in the course
of proceedings under this Act, and conclusions that may be drawn from that
information, may be received in evidence in the proceedings.

''(8) Where, in proceedings under this Act, a report is received in evidence
as provided in sub-section (7)-

   (a)  the court may; or

   (b)  a party to the proceedings may, with the leave of the court but not
        otherwise,
require the person who made the report, or any person involved in the
performance of prescribed medical procedures for the purposes of the report,
to appear before the court.

''(9) A person who appears before the court pursuant to a requirement made
under sub-section (8) may be examined by the court and may be cross-examined
by or on behalf of any party to the proceedings.

''(10) The court may make such order as it thinks just in relation to costs
incurred in obtaining reports for the purposes of this section, including the
costs of having prescribed medical procedures performed.''.