Acts Amendment (Expert Evidence) Act 1976 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT

(EXPERT EVIDENCE).

No. 111 of 1976.

AN ACT to amend the Evidence Act, 1906-1975, the Supreme Court Act, 1935-1976, the District Court of Western Australia Act, 1969-1975, the Family Court Act, 1975-1976, the Workers' Compensation Act, 1912-1975, the Motor Vehicle (Third Party Insurance) Act, 1943-1975, the Arbitration Act, 1895-1970, and the Local Courts Act, 1904-1975.

[Assented to 25th November, 1976.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-

1. This Act may be cited as the Acts Amendment Short title.

(Expert Evidence) Act, 1976.

No. 111.]	Acts Amendment	[1976.
(Expert Evidence).

PART I.-EVIDENCE ACT, 1906-1975.

Citation.

(1) In this Part the Evidence Act, 1906-1975 is referred to as the principal Act.

2.

(2) The principal Act as amended by this Act may be cited as the Evidence Act, 1906-1976.

Section 32A

The principal Act is amended by adding

immediately after section 32 a new section as

follows-

added. 3.

Derogation

of privilege	32A. (1) This section applies only in respect
in civil

proceedings. of

(a) civil proceedings in or before a court; (b) arbitrations; and

(c) civil proceedings in or before any tribunal that is not a court.

(2) In this section

"privilege" means privilege that would, apart from this section and the Rules of Court mentioned in subsection (3) of this section, attach to documents prepared for the purpose of pending or contemplated proceedings or in connection with the obtaining or giving of legal advice; and

"Rules of Court", without affecting the operation of section forty of the Interpretation Act, 1918, includes rules, regulations, and by-laws pres- cribing the practice and procedure for and in relation to proceedings in respect of which this section applies.

(3) There shall be a derogation of privilege to the extent that Rules of Court applicable to expert evidence so provides.

1976.1	Acts Amendment	[No. 111.
(Expert Evidence).

(4) Without limiting any other power to make Rules of Court in respect of any tribunal of the kind that is referred to in paragraph (c) of subsection (1) of this section, such Rules of Court may make provision for prescribing matters relating to expert evidence, including the disclosure, by the furnishing of copies of reports or otherwise, of the nature and substance of the expert evidence to be given, and including the exclusion of expert evidence in case of non-compliance with the rules relating to expert evidence or with any order for the disclosure of the nature and substance of expert evidence, and in relation thereto

(a)	for the imposition of differing requirements depending on different classes of cases, different classes of matters, or other different circum- stances; and
(b)	for the conferring of a discretionary authority. .

PART IL-SUPREME COURT ACT, 1935-1976.

4.    (1) In this Part the Supreme Court Act, 1935- Citation.

1976 is referred to as the principal Act.

(2) The principal Act as amended by this Act

may be cited as the Supreme Court Act, 1935-1976.

Section 167

Subsection (1) of section 167 of the principal Act is amended by inserting after paragraph (n), a new paragraph as follows amended.

5.

(o) For prescribing matters relating to expert evidence, including the disclosure, by the furnishing of copies of reports or otherwise, of the nature and substance of the expert evidence to be given, and including the

No. 111.]	Acts Amendment	[1976.
(Expert Evidence).

exclusion of expert evidence in case of non-compliance with the rules relating to expert evidence or with any order for the disclosure of the nature and substance of expert evidence, and in relation thereto-

(i)  for the imposition of differing requirements depending on differ- ent classes of cases, different classes of matters, or other differ- ent circumstances; and

(ii)    for the conferring of a discretionary authority. .

PART III.-DISTRICT COURT OF WESTERN AUSTRALIA

ACT, 1969-1975.

Citation. 6.

(1) In this Part the District Court of Western Australia Act, 1969-1975 is referred to as the principal Act.

(2) The principal Act as amended by this Act may be cited as the District Court of Western Australia Act, 1969-1976.

section 88 7.

Subsection (2) of section 88 of the principal Act is amended by deleting the passage "costs." at the end of the subsection and inserting in lieu thereof a passage as follows

amended.

costs;

(h) for prescribing matters relating to expert evidence, including the disclosure, by the furnishing of copies of reports or otherwise, of the nature and substance of the expert evidence to be given, and including the exclusion of expert evidence in case of non-compliance with the rules relating to

1976.]	Acts Amendment	[No. 111.
(Expert Evidence).

expert evidence or with any order for the disclosure of the nature and substance of expert evidence, and in relation thereto-

(i)  for the imposition of differing requirements depending on differ- ent classes of cases, different classes of matters, or other differ- ent circumstances; and

(ii)    for the conferring of a discretion- ary authority. .

PART IV.-FAMILY COURT ACT, 1975-1976.

Citation.

(1) In this Part the Family Court Act, 1975- 1976 is referred to as the principal Act.

8.

(2) The principal Act as amended by this Act may be cited as the Family Court Act, 1975-1976.

9.    Subsection (3) of section 34 of the principal =Tx

Act is amended by inserting after paragraph (o) new paragraphs as follows-

(oa) matters relating to expert evidence, includ- ing the disclosure, by the furnishing of copies of reports or otherwise, of the nature and substance of the expert evidence to be given, and including the exclusion of expert evidence in case of non-compliance with the rules relating to expert evidence or with any order for the disclosure of the nature and substance of expert evidence, and in relation thereto-

(i)    the imposition of differing require- ments depending on different classes of cases, different classes of matters, or other different circum- stances; and

(ii)

the conferring of a discretionary

authority.

No. 111.]	Acts Amendment	[1976.
(Expert Evidence).

PART V.-WORKERS' COMPENSATION ACT, 1912-1975.

Citation. 10.

(1) In this Part the Workers' Compensation Act, 1912-1975 is referred to as the principal Act.

(2) The principal Act as amended by this Act may be cited as the Workers' Compensation Act, 1912-1976.

Section 35

Subsection (1) of section 35 of the principal Act is amended by deleting the passage "provi- sions.", at the end of subparagraph (v) of paragraph (g), and inserting in lieu thereof a passage as follows

amended. 11.

provisions;

(vi) provisions for matters relating to expert evidence, including the disclosure, by the furnishing of copies of reports or otherwise, of the nature and substance of expert evidence to be given, and including the exclusion of expert evidence in case of non-compliance with the rules relating to expert evidence or with any order for the disclosure of the nature and substance of the expert evidence, and in relation thereto

(I)

provisions for the imposition of differing requirements depending on different classes of cases, different classes of matters, or other different circumstances; and

(II)

provisions for conferring a dis-

cretionary authority.

PART VI.-MOTOR VEHICLE (THIRD PARTY

INSURANCE) ACT, 1943-1975.

Citation. 12. (1) In this Part the Motor Vehicle (Third Party Insurance) Act, 1943-1975 is referred to as the principal Act.

1976.]	Acts Amendment	[No. 111.
(Expert Evidence).

(2) The principal Act as amended by this Act may be cited as the Motor Vehicle (Third Party Insurance) Act, 1943-1976.

Section 33

13.

Subsection (3) of section 33 of the principal Act is amended by inserting after the word "party", being the last word in the subsection, the passage ", but the time for the production of such a report shall be subject to Rules of Court applicable to such proceedings". amended.

PART VII.-ARBITRATION ACT, 1895-1970.

Citation.

14.

(1) In this Part the Arbitration Act, 1895- 1970 is referred to as the principal Act.

(2) The principal Act as amended by this Act may be cited as the Arbitration Act, 1895-1976.

immediately after section 27 a section as follows- 15. The principal Act is amended by adding MIT"

Special

28. Without limiting any other power to Rules of

make Rules of Court, those Rules may, in	Court.
respect of practice and procedure in matters that may be heard and determined pursuant to this Act, make provision

(a) for prescribing matters relating to expert evidence, including the dis- closure, by the furnishing of reports or otherwise, of the nature and substance of the expert evidence to be given, and including the exclusion of expert evidence in case of non-compliance with the rules relating to expert evidence or with any order for the disclosure of the nature and substance of expert evidence, and in relation thereto-

(i) for the imposition of differing

requirements depending on

different classes of cases,

No. 111.]	Acts Amendment	[1976.
(Expert Evidence).

different classes of matters, or other different circumstances; and

(ii) for the conferring of a dis-

cretionary authority.

PART VIII.-LOCAL COURTS ACT, 1904-1975.

Citation. 16.

(1) In this Part the Local Courts Act, 1904- 1975 is referred to as the principal Act.

(2) The principal Act as amended by this Act may be cited as the Local Courts Act, 1904-1976.

Section 158

amended. 17.

Subsection (1) of section 158 of the principal Act is amended by deleting the passage "clerks.", at the end of the subsection and inserting in lieu thereof a passage as follows

clerks;

(e) matters relating to expert evidence, includ- ing the disclosure, by the furnishing of reports or otherwise, of the nature and substance of the expert evidence to be given, and including the exclusion of expert evidence in case of non-compliance with the rules relating to expert evidence or with any order for the disclosure of the nature and substance of expert evidence, and in relation thereto-

(i)   differing requirements depending on different classes of cases, different classes of matters, or other different circumstances; and

(ii) a discretionary authority. .