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FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 73D Disputed report

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 73D

Disputed report

    (1)     If any matter in an assessment report is disputed by the person who is the subject of the report, the Children's Court must not take the disputed matter into consideration when deciding whether to make a family violence intervention order unless satisfied that the matter is true on the balance of probabilities.

    (2)     If—

        (a)     an assessment report, or any part of it, is disputed by the person who is the subject of the report; and

        (b)     the author of the report does not attend the hearing of the proceeding despite having been required to attend under section 73G(1)

the Children's Court must not take the report or the part in dispute into consideration when determining the proceeding unless the person consents to the report or the part in dispute being admitted into evidence.

S. 73E inserted by No. 18/2010 s. 21.