Western Australian Numbered Acts Western Australian Numbered Acts After Part 5
Division 2 insert:
Division 3A — Orders for determination of parentage
In this
Division —
parentage testing order means an order under
section 136C(1);
parentage testing procedure means a medical
procedure prescribed, or included in a class of medical procedures prescribed,
for the purposes of this definition.
136B. Orders requiring person to give evidence
(1) If the parentage
of a child is a question in issue in protection proceedings, the Court may
make an order requiring any person to give such evidence as is material to the
question.
(2) The Court may make
an order under subsection (1) —
(a) on
its own initiative; or
(b) on
the application of a party.
136C. Parentage testing orders
(1) If the parentage
of a child is a question in issue in protection proceedings, the Court may
make an order requiring a parentage testing procedure to be conducted in
relation to a person mentioned in subsection (3) for the purpose of
obtaining information to assist in determining the parentage of the child.
(2) The Court may make
a parentage testing order —
(a) on
its own initiative; or
(b) on
the application of a party.
(3) A parentage
testing order may be made in relation to —
(a) the
child; or
(b) a
person known to be the mother of the child; or
(c) any
other person, if the Court is of the opinion that, if the parentage testing
procedure were conducted in relation to the person, the information that could
be obtained might assist in determining the parentage of the child.
(4) A parentage
testing order may be made subject to terms and conditions.
(5) This section does
not limit the operation of section 136B.
136D. Orders associated with parentage testing
orders
(1) If the Court makes
a parentage testing order, it may also make orders under subsection (2)
or (4).
(2) The Court may make
any orders that it considers necessary or desirable —
(a) to
enable the parentage testing procedure to be conducted; or
(b) to
make the parentage testing procedure more effective or reliable.
(3) Some examples of
the kinds of orders the Court may make under subsection (2) are as
follows —
(a) an
order requiring a person to submit to a medical procedure;
(b) an
order requiring a person to provide a bodily sample;
(c) an
order requiring a person to provide information relevant to the person’s
medical or family history.
(4) The Court may make
any orders that it considers just in relation to costs incurred in relation
to —
(a)
conducting the parentage testing procedure or other orders made by the Court
in relation to the parentage testing procedure; or
(b) the
preparation of reports relating to the information obtained as a result of
conducting the parentage testing procedure.
136E. Orders directed to adults
(1) If an adult
contravenes a parentage testing order or an order under section 136D, the
adult is not liable to any penalty in relation to the contravention.
(2) The Court may draw
such inferences from the contravention as appear just in the circumstances.
136F. Orders directed to children
(1) This section
applies if a parentage testing order, or an order under section 136D,
requires a medical procedure or other act to be carried out in relation to a
child who is not in provisional protection and care or the subject of a
protection order (time-limited) or protection order (until 18).
(2) The procedure or
act must not be carried out without the consent of a parent of the child.
(3) The Court may draw
such inferences from a failure or refusal to consent as mentioned in
subsection (2) as appear just in the circumstances.
136G. No liability if parent or CEO consents
(1) A person who
conducts, or who assists in conducting, a medical procedure or other act in
relation to a child under a parentage testing order, or an order under
section 136D, is not liable to any civil or criminal action in relation
to the proper conducting of the procedure or act if it is done with the
consent of —
(a) a
parent of the child; or
(b) the
CEO, if the child is in provisional protection and care or is the subject of a
protection order (time-limited) or protection order (until 18).
(2)
Subsection (1) does not affect any liability of a person for an act done
negligently, or negligently omitted to be done, in relation to conducting the
medical procedure or act.
136H. Regulations about parentage testing
procedures
The regulations may
provide for —
(a) the
conduct of parentage testing procedures under parentage testing orders; and
(b) the
preparation of reports relating to the information obtained as the result of
conducting such procedures.
136I. Reports of information obtained may be
received in evidence
(1) A report made in
accordance with regulations under section 136H(b) may be received in
evidence in protection proceedings.
(2) If, under
subsection (1), a report is received in evidence in protection
proceedings, the Court may make an order requiring the person who made the
report, or any person whose evidence may be relevant in relation to the
report, to appear before the Court and give evidence in relation to the
report.
(3) The Court may make
an order under subsection (2) —
(a) on
its own initiative; or
(b) on
the application of a party.