New South Wales Consolidated Acts New South Wales Consolidated ActsNo witness in any proceeding under this Act whether a party to the suit or not
shall be liable to be asked or bound to answer any question tending to show
that he has been guilty of adultery unless he has already given evidence in
the same proceeding in disproof of his alleged adultery.
Notwithstanding the foregoing provisions of this section a party to any
proceeding under this Act may be asked and shall be bound to answer any
question tending to show that he has been guilty of adultery if he is asked
that question for the purpose of determining his fitness to be given custody
of, or access to, children.