Civil Law and Justice Legislation Amendment Act 2018 (130 of 2018)

Schedule 6   Amendment of the Family Law Act 1975

Part 1   Main amendments

Family Law Act 1975

6   Subsection 11C(3)

Repeal the subsection, substitute:

(3) Despite subsection (2), a thing said or admission made is admissible even if the person who said the thing or made the admission had not been informed of the effect of subsection (1), if:

(a) the thing was said or the admission was made by a person (including a child under 18) indicating that a child under 18 has been abused or is at risk of abuse; and

(b) for a thing or admission that was obtained improperly or in contravention, or in consequence of an impropriety or of a contravention, of an Australian law - the evidence is admissible under section 138 of the Evidence Act 1995;

unless, in the opinion of the court, sufficient evidence of the thing said or the admission made is available to the court from other sources.

Note: A thing that is said, or an admission that is made, by a child under 18 may relate to the child him or herself, or another child under 18.