LexisNexis Practical Guidance®
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  • Children
  • Evidence in child-related proceedings

General admissibility provisions

In addition to the general application of evidentiary rules, the FLA has specific provisions relating to the admissibility of certain evidence, for example:

  • that any party to a proceeding is a competent and compellable witness;
  • that a family report is admissible;
  • disclosures made to a professional person or a family counsellor; or
  • where a child is referred to a professional person for an examination.

In any case, any disclosure may be admissible where the person reasonably believes that such disclosure is necessary to protect a child from the risk of physical or psychological harm; or prevent or lessen a threat to the life or health of a person or prevent the commission of an offence.

See General admissibility provisions.