Section 102NM — Family Law Act 1975 (Cth)

(1) This section applies if the court applies the law against hearsay under subsection 102NL(2) to child‑related proceedings.

(2) Evidence of a representation made by a child about a matter that is relevant to the welfare of the child or another child, which would not otherwise be admissible as evidence because of the law against hearsay, is not inadmissible in the proceedings solely because of the law against hearsay.

(3) The court may give such weight (if any) as it thinks fit to evidence admitted under subsection (2).

(4) This section applies despite any other Act or rule of law.

(5) In this section:

child means a person under 18.

representation includes an express or implied representation, whether oral or in writing, and a representation inferred from conduct.

Related sections

• s 102NJ — Power to make determinations, findings and orders at any stage of proceedings
• s 102NK — Use of family consultants
• s 102NL — Rules of evidence not to apply unless court decides
• s 102NN — Court’s general duties and powers relating to evidence
• s 102P — Definitions
• s 102PA — Powers of a court not affected

Research how courts apply s 102NM

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