Skip to Main Content
Exit to Opens Google in same window
Government of Western Australia State Coat of Arms
Children's Court of Western Australia

Government of Western Australia State Coat of Arms
Children's Court of Western Australia

Home →Publications and Forms→Practice Directions→Practice Direction 1 of 2018 - Use of Children's Court of Western Australia Documents in the State Administrative Tribunal

Practice Direction 1 of 2018 - Use of Children's Court of Western Australia Documents in the State Administrative Tribunal

Preamble

Proceedings for protection orders under the Children and Community Services Act 2004 in the Children's Court of Western Australia are sometimes concurrent with, or followed by, proceedings in the State Administrative Tribunal, with respect to the same child.

It is in the best interests of children for there to be a proper and efficient exchange of documentation between the Children's Court of Western Australia and State Administrative Tribunal in such circumstances.

Practice Direction

  1. Where proceedings for a protection order have been commenced in the Children's Court of Western Australia and involve the same child as in the State Administrative Tribunal proceedings, then the leave of the Children's Court of Western Australia is taken as given for the following documentation filed with, or received into evidence in, the Children's Court of Western Australia, namely:
    1. affidavits;
    2. reports under s 139 of the Children and Community Services Act 2004, and if not written, then a record of it as otherwise directed;
    3. documents; and
    4. proposals under s 143 of the Children and Community Services Act 2004, to be provided as evidence in the proceedings in the State Administrative Tribunal.
  1. If, in relation to protection proceedings in the Children's Court of Western Australia, subpoenaed documents have been received by the Children's Court of Western Australia Registry, and protection proceedings involving the same child have been commenced and are continuing in the State Administrative Tribunal, then upon request, the Registry of the Children's Court of Western Australia shall forward a copy of the subpoena, and the subpoenaed documents, to the Registry of the State Administrative Tribunal for the purpose of the proceedings in that Court, and the Registry of the Children's Court of Western Australia shall inform the Respondent to the subpoena accordingly.
  2. This practice direction:
    1. is subject to any order of the Children's Court of Western Australia;
    2. does not impact at all on the question of the admissibility into evidence by the State Administrative Tribunal of any of the material referred to in paragraph 1; and
    3. is effective immediately.

Dated this 29th day of May 2018.

Judge J A Wager

President of the Children's Court of Western Australia


Last updated: 2 March 2023

[ back to top ]

For Printing