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EVIDENCE ACT 1906 - SECT 19L

EVIDENCE ACT 1906 - SECT 19L

19L .         Application of other laws

        (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 (5A), 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.

        (5A)         If in criminal proceedings leave is given under the protection provisions to require disclosure of —

            (a)         a child care record as defined in the Child Care Services Act 2007 section 46(1), then section 46(5) to (8) of that Act applies as if the child care record had been produced in response to a requirement referred to in section 46(2) of that Act; or

            (b)         protected information as defined in the Education and Care Services National Law (Western Australia) section 273(3), then section 46(5) to (8) of the Child Care Services Act 2007 applies as if the protected information —

                  (i)         was a child care record; and

                  (ii)         had been produced in response to a requirement referred to section 46(2) of that Act.

        (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: No. 46 of 2004 s. 10; amended: No. 19 of 2007 s. 69; No. 26 of 2008 s. 12; No. 11 of 2012 s. 33; No. 6 of 2017 s. 9(2).]