Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The protection
provisions do not affect the operation of any rule of law in relation to
evidence in criminal proceedings except to the extent that they expressly or
necessarily have that effect.
(2) Without limiting
subsection (1), the protection provisions do not affect the operation of
a rule of law so far as it relates to the inspection of a document required to
be produced in, or in connection with, criminal proceedings.
(3) Subject to
subsections (4) and (4a), sections 238 and 239 of the Children and
Community Services Act 2004 and section 46 of the
Child Care Services Act 2007 do not apply to the production or disclosure
of a protected communication in criminal proceedings.
(4) If in criminal
proceedings leave is given under the protection provisions to require
disclosure of a departmental record as defined in subsection (1) of
section 238 of the Children and Community Services Act 2004 ,
subsections (5) to (8) of that section apply as if the departmental
record had been produced in response to a requirement referred to in
subsection (2) of that section.
(4a) If in criminal
proceedings leave is given under the protection provisions to require
disclosure of a child care record as defined in subsection (1) of
section 46 of the Child Care Services Act 2007 ,
subsections (5) to (8) of that section apply as if the child care
record had been produced in response to a requirement referred to in
subsection (2) of that section.
(5) The protection
provisions do not affect the operation of section 124F or 240 of the
Children and Community Services Act 2004 .
[Section 19L inserted by No. 46 of 2004
s. 10; amended by No. 19 of 2007 s. 69; No. 26 of 2008
s. 12.]