DVFW and Comcare (Compensation)

The applicant, DVFW, sought production of documents from Comcare in proceedings before the Administrative Appeals Tribunal. Comcare objected to the production of these documents, arguing they were inadmissible in Tribunal proceedings by virtue of section 10(D) of the *Family Law Act 1975* (Cth). The Senior Member, Mrs J C Kelly, was required to determine whether the objection to production should be upheld.

The central legal issue was whether section 10(D) of the *Family Law Act 1975* operated to exclude documents arising from family counselling from being produced and admitted as evidence in Administrative Appeals Tribunal proceedings, notwithstanding their apparent relevance to the proceedings.

The Senior Member reasoned that section 10(D) of the *Family Law Act 1975* specifically relates to the admissibility of evidence in proceedings under that Act. It does not, however, extend to prevent the production of documents in proceedings before other tribunals, such as the Administrative Appeals Tribunal, where different rules of evidence apply. The Senior Member found that the documents were relevant on their face to the proceedings before the Tribunal. Accordingly, the objection to production was disallowed.