FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 135 Disputed report
FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 135
Disputed reportS. 135(1) amended by No. 83/2012 s. 21(1).
(1) If the respondent disputes any matter in a report given to a relevant court in accordance with an order under section 129, the court must not take the disputed matter into consideration when determining the proceeding unless it is satisfied, on the balance of probabilities, that the matter is true.
S. 135(2) amended by No. 83/2012 s. 21(2)(b).
(2) If—
S. 135(2)(a) amended by No. 83/2012 s. 21(2)(a).
(a) the respondent disputes all or part of a report given to a relevant court in accordance with an order under section 129; and
S. 135(2)(b) amended by No. 83/2012 s. 21(2)(b).
(b) the person who gave the report to the court does not attend the hearing of the proceeding despite having been required to attend under section 134 —
the court must not take into consideration the report or the part of the report in dispute when determining the proceeding unless the respondent consents to the report or the part of the report in dispute being admitted into evidence.
S. 136 amended by No. 83/2012 s. 22.