Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Family Court Amendment Bill 2019
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Part 8 Division 3 inserted 2
Division 3 -- Cross-examination of parties where
allegations of family violence
219AJ. Application of Division 2
219AK. Mandatory protections for parties in
certain cases -- FLA s. 102NA 3
219AL. Court-ordered protections in other
cases -- FLA s. 102NB 4
149--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Family Court Amendment Bill 2019
A Bill for
An Act to amend the Family Court Act 1997.
The Parliament of Western Australia enacts as follows:
page 1
Family Court Amendment Bill 2019
s. 1
1 1. Short title
2 This is the Family Court Amendment Act 2019.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on the day after that day.
8 3. Act amended
9 This Act amends the Family Court Act 1997.
10 4. Part 8 Division 3 inserted
11 At the end of Part 8 insert:
12
13 Division 3 -- Cross-examination of parties where
14 allegations of family violence
15 219AJ. Application of Division
16 (1) In this section --
17 commencement day means the day on which the
18 Family Court Amendment Act 2019 section 4 comes
19 into operation;
20 specified day means the day after the period of 90 days
21 beginning on commencement day.
22 (2) This Division applies to cross-examinations occurring
23 on or after the specified day in proceedings instituted
24 before, on or after the commencement day.
page 2
Family Court Amendment Bill 2019
s. 4
1 219AK. Mandatory protections for parties in certain
2 cases -- FLA s. 102NA
3 (1) If, in proceedings under this Act --
4 (a) a party (the examining party) intends to
5 cross-examine another party (the witness
6 party); and
7 (b) there is an allegation of family violence
8 between the examining party and the witness
9 party; and
10 (c) any of the following are satisfied --
11 (i) either party has been convicted of, or is
12 charged with, an offence involving
13 violence, or a threat of violence, to the
14 other party;
15 (ii) a family violence order (other than an
16 interim order) applies to both parties;
17 (iii) an injunction under section 235 or 235A
18 for the personal protection of either
19 party is directed against the other party;
20 (iv) the court makes an order that the
21 requirements of subsection (2) are to
22 apply to the cross-examination,
23 then the requirements of subsection (2) apply to the
24 cross-examination.
25 (2) Both of the following requirements apply to the
26 cross-examination --
27 (a) the examining party must not cross-examine the
28 witness party personally;
29 (b) the cross-examination must be conducted by an
30 Australian legal practitioner acting on behalf of
31 the examining party.
page 3
Family Court Amendment Bill 2019
s. 4
1 (3) The court may make an order under
2 subsection (1)(c)(iv) --
3 (a) on its own initiative; or
4 (b) on the application of --
5 (i) the witness party; or
6 (ii) the examining party; or
7 (iii) if an independent children's lawyer has
8 been appointed for a child in relation to
9 the proceedings -- that lawyer.
10 219AL. Court-ordered protections in other cases -- FLA
11 s. 102NB
12 If, in proceedings under this Act --
13 (a) a party (the examining party) intends to
14 cross-examine another party (the witness party)
15 personally; and
16 (b) there is an allegation of family violence
17 between the examining party and the witness
18 party; and
19 (c) section 219AK does not apply to prevent the
20 examining party cross-examining the witness
21 party personally,
22 then, the court must ensure that during the
23 cross-examination there are appropriate protections for
24 the party who is the alleged victim of the family
25 violence.
26
27
[Index] [Search] [Download] [Related Items] [Help]