PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 47 Evidence

PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 47

    (1)     Subject to this Act, in a proceeding for a personal safety 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)     The following provisions apply to a proceeding for a personal safety intervention order—

        (a)     sections 13, 30, 31 and 41 and Part 3.10 of the Evidence Act 2008 ;

        (b)     Division 8 of Part I and Division 2A of Part II of the Evidence (Miscellaneous Provisions) Act 1958 .

Note

Section 13 of the Evidence Act 2008 provides for circumstances in which a person lacks capacity to give evidence. Section 30 of the Evidence Act 2008 provides for a witness to give evidence through an interpreter. Section 31 of the Evidence Act 2008 provides for the giving of evidence by a witness who is deaf or mute. Section 41 of the Evidence Act 2008 provides for the court's powers to disallow improper questions. Part 3.10 of the Evidence Act 2008 provides for the application of privileges. Division 8 of Part I of the Evidence (Miscellaneous Provisions) Act 1958 provides for confidentiality of mediation conferences conducted under that Division. Division 2A of Part II of the Evidence (Miscellaneous Provisions) Act 1958 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.

S. 48 (Heading) amended by No. 6/2018 s. 68(Sch.  2 item 93.5).