Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 65

Evidence

65. Evidence



(1) Subject to this Act, in a proceeding for a family violence intervention
order the court may inform itself in any way it thinks fit, despite any rules
of evidence to the contrary.

Note This section does not apply to a proceeding for an offence under this
Act.

(2) Sections 23, 39, 40 and 41F and Division 2A of Part II of the
Evidence Act 1958 apply to a proceeding for a family violence intervention
order.

Note Section 23 of the Evidence Act 1958 provides for evidence of persons with
a cognitive impairment. Section 39 of that Act provides for the court's powers
to forbid questions which it regards as indecent or scandalous. Section 40 of
that Act provides for the court's power to forbid or disallow any question
intended to insult or annoy or that is needlessly offensive. Section 41F of
that Act provides for the disallowance of improper questions to children and
persons with a cognitive impairment. Division 2A of Part II of that Act
provides for confidential communications in relation to proceedings with
respect to sexual offences.

(3) The court may refuse to admit, or may limit the use to be made of,
evidence if the court is satisfied-

   (a)  it is just and equitable to do so; or

   (b)  the probative value of the evidence is substantially outweighed by the
        danger that the evidence may be unfairly prejudicial to a party or
        misleading or confusing.