Western Australian Consolidated Acts Western Australian Consolidated Acts (1) It is a defence to
a charge under section 61 for the person who is bound by the order to
satisfy the court that in carrying out the act that constituted the offence,
the person was —
(a)
using a process of family dispute resolution, as defined in the
Family Court Act 1997 ;
(b)
instructing, or acting through, a legal practitioner or a person acting under
section 48 of the Aboriginal Affairs Planning Authority Act 1972 ,
or using conciliation, mediation or another form of consensual dispute
resolution provided by a legal practitioner;
(c)
acting in accordance with an action taken by a person or authority under a
child welfare law, within the meaning of section 50B(4); or
(d)
acting as the result of such an emergency that an ordinary person in similar
circumstances would have acted in the same or a similar way.
(2) In
subsection (1)(b) —
legal practitioner means an Australian legal
practitioner within the meaning of that term in the
Legal Profession Act 2008 section 3 .
[Section 62 inserted by No. 38 of 2004
s. 42; amended by No. 35 of 2006 s. 208; No. 21 of 2008
s. 699.]
[Heading inserted by No. 38 of 2004
s. 43(1).]