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Family Law Reform Act 1995

  • - C2004A05014
  • In force - Latest Version
Act No. 167 of 1995 as made
An Act to amend the Family Law Act 1975, and for related purposes
Administered by: Attorney-General's
Date of Assent 16 Dec 1995
 

FAMILY LAW REFORM ACT 1995 No. 167, 1995

Making Information
- Assented to 16 December 1995

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - TABLE OF PROVISIONS

TABLE OF PROVISIONS
PART 1 - PRELIMINARY
Section
1. Short title etc.
2. Commencement
3. Amendment of title
4. Interpretation
5. Repeal of Part II and substitution of new Part:
PART II - COUNSELLING ORGANISATIONS AND MEDIATION ORGANISATIONS
Division 1 - What this Part does
11. What this Part does
Division 2 - Approval of counselling organisations and
mediation organisations
12. Meaning of "approved counselling organisation" and
"approved mediation organisation"
13. Organisation may be approved as an approved
counselling organisation, an approved mediation
organisation or both
13A. Approval of counselling organisations
13B. Approval of mediation organisations
13C. Approvals subject to conditions
13D. Revocation of approvals
13E. Minister to publish lists of approved counselling
organisations and approved mediation organisations
Division 3 - Reporting by approved counselling organisations
and approved mediation organisations
13F. Reports and financial statements of approved
organisations
13G. Minister may exempt organisation from requirements of
section 13F
Division 4 - Funding of approved counselling organisations
and approved mediation organisations
13H. Grants to approved counselling organisations and
approved mediation organisations
6. Omission of heading to Part III and substitution of new
heading
7. Repeal of section 14 and substitution of new sections and
headings:
Division 1 - Object and outline
14. Object of Part
14A. Outline of Part
Division 2 - Obligations to consider the
possibility of reconciliation
14B. Interpretation
14C. Duty of judges
14D. Duty of legal practitioners
Division 3 - Obligations to consider advising people
about primary dispute resolution methods
14E. Interpretation
14F. Duty of courts
14G. Duty of legal practitioners
Division 4 - Counselling
14H. Division 3 of Part VII deals with counselling in
matters affecting children
8. Notice seeking counselling
9. Repeal of section 16A and substitution of new sections:
16A. Courts to direct or advise people to attend
counselling
16B. Courts may advise people to attend counselling if it
may improve their relationship etc.
16C. Obligations to consider advising people about
counselling for marital breakdown
10. Provision of certain documents
11. Repeal of section 18
12. Oath or affirmation of secrecy
13. Omission of headings to Part IIIA and Division 1 of that Part
and substitution of new headings
14. Request for mediation - request made through court
15. Insertion of new section:
19AA. Request for mediation - where made direct to a
family and child mediator
16. Court may refer matters for mediation
17 . Insertion of new section:
19BA. Court to advise people to attend mediation
18. Repeal of section 19C
19. Omission of heading to Division 2 of Part IIIA and
substitution of new heading

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20. Omission of heading to Division 3 of Part IIIA and
substitution of new heading
21. Repeal of section 19H
22. Advice about mediation and arbitration
23. Oath or affirmation by court mediator or community mediator
24. Protection of mediators and arbitrators
25. Insertion of new Division:
Division 6 - Miscellaneous
19N. Admissions made to counsellors, mediators etc.
19P. Regulations to be complied with by community mediators
and private mediators
19Q. Advertising in Family Court registries of counselling,
mediation and arbitration services
26. Powers of Judicial Registrars
27. Delegation of powers to Registrars
28. Principles to be applied by courts
29. Institution of proceedings
30. Decree absolute where children
31. Repeal of Part VII and substitution of new Part:
PART VII - CHILDREN
Division 1 - Introductory
Subdivision A - What this Division does
60A. What this Division does
Subdivision B - Object, principles and outline
60B. Object of Part and principles underlying it
60C. Outline of Part
Subdivision C - Interpretation and application of Part
60D. Defined expressions
60E. Application of Part to void marriages
Subdivision D - Interpretation - how this Act applies to
certain children
60F. Certain children are children of marriage etc.
60G. Family Court may grant leave for adoption proceedings
by prescribed adopting parent
60H. Children born as a result of artificial conception
procedures
Division 2 - Parental responsibility
61A. What this Division does
61B. Meaning of "parental responsibility"
61C. Each parent has parental responsibility (subject to
court orders)
61D. Parenting orders and parental responsibility
61E. Effect of adoption on parental responsibility
Division 3 - Counselling etc.
62A. What this Division does
62B. Obligations to consider advising people about
counselling for Part VII orders
62C. Request for counselling - request made through court
62D. Request for counselling - where made direct to a family
and child counsellor
62E. Court counselling facilities to be made available
62F. Conferences with family and child counsellors or
welfare officers
62G. Reports by family and child counsellors and welfare
officers
62H. Provision of certain documents
Division 4 - Parenting plans
63A. What this Division does
63B. Parents encouraged to reach agreement
63C. Meaning of "parenting plan" and related terms
63D. Parenting plan may not be varied, but may be revoked,
by further agreement
63E. Registration in a court
63F. Child welfare provisions of registered parenting plans
63G. Child maintenance provisions of registered parenting
plans - where not enforceable as maintenance agreements
63H. Court's powers to set aside, discharge, vary, suspend
or revive registered parenting plans
Division 5 - Parenting orders - what they are
64A. What this Division does
64B. Meaning of "parenting order" and related terms
64C. Parenting orders may be made in favour of parents or
other persons
Division 6 - Parenting orders other than child maintenance orders
Subdivision A - Introductory
65A. What this Division does
65B. Division does not apply to child maintenance orders
Subdivision B - Applying for and making parenting orders
65C. Who may apply for a parenting order
65D. Court's power to make parenting order

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65E. Child's best interests paramount consideration in
making a parenting order
65F. General requirements for counselling before parenting
order made
65G. Special conditions for making residence order or
specific issues order by consent in favour of
non-parent
65H. Children who are 18 or over or who have married or
entered de facto relationships
65J. Effect of adoption on parenting order
65K. What happens when parenting order that is or includes
residence order does not make provision in relation to
death of parent with whom child lives
65L. Counsellors may be required to supervise or assist
compliance with parenting orders
Subdivision C - General obligations created by residence orders,
contact orders and specific issues orders
65M. General obligations created by residence order
65N. General obligations created by contact order
65P. General obligations created by specific issues orders
that confer responsibility for a child's care, welfare
and development
65Q. Court may issue warrant for arrest of alleged offender
Subdivision D - Dealing with people who have been arrested
65R. Situation to which Subdivision applies
65S. Arrested person to be brought before a court
65T. Obligation of court - where application before it to
deal with contravention
65U. Obligation of court - where no application before it,
but application before another court, to deal with
contravention
65V. Obligation of court - where no application before any
court to deal with contravention
65W. Applications heard as required by subsection 65T(2) or
paragraph 65U(3)(b)
Subdivision E - Obligations under parenting orders relating to
taking or sending children from Australia
65X. Interpretation
65Y. Obligations if residence order, contact order or care
order has been made
65Z. Obligations if proceedings for the making of residence
order, contact order or care order are pending
65ZA. Obligations of owners etc. of aircraft and vessels if
residence order, contact order or care order made
65ZB. Obligations of owners etc. of aircraft and vessels if
proceedings for the making of residence order, contact
order or care order are pending
65ZC. General provisions applicable to sections 65ZA and
65ZB
65ZD. State or Territory laws stopping children leaving
Australia not affected
Division 7 - Child maintenance orders
Subdivision A - What this Division does
66A. What this Division does
Subdivision B - Objects and principles
66B. Objects
66C. Principles - parents have primary duty to maintain
66D. Principles - when step-parents have a duty to maintain
Subdivision C - Relationship with Child Support (Assessment) Act
66E. Child maintenance order not to be made etc. if
application for administrative assessment of child
support could be made
Subdivision D - Applying for and making child maintenance orders
66F. Who may apply for a child maintenance order
66G. Court's power to make child maintenance order
66H. Approach to be taken in proceedings for child
maintenance order
66J. Matters to be taken into account in considering
financial support necessary for maintenance of child
66K. Matters to be taken into account in determining
contribution that should be made by party etc.
66L. Children who are 18 or over
66M. When step-parents have a duty to maintain
66N. Determining financial contribution of step-parent
Subdivision E - Other aspects of courts' powers
66P. General powers of court
66Q. Urgent child maintenance orders
66R. Specification in orders of payments etc. for child
maintenance purposes
66S. Modification of child maintenance orders

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Subdivision F - When child maintenance orders stop being in force
66T. Effect of child turning 18
66U. Effect of death of child, person liable to pay or
person entitled to receive
66V. Effect of adoption, marriage or entering into a de
facto relationship
66W. Subdivision does not affect recovery of arrears
Division 8 - Other matters relating to children
Subdivision A - What this Division does
67A. What this Division does
Subdivision B - Father's liability to contribute towards child bearing
expenses if not married to mother
67B. Father liable to contribute towards maintenance and
expenses of mother
67C. Matters to be taken into account in proceedings under
Subdivision
67D. Powers of court in proceedings under Subdivision
67E. Urgent orders
67F. Who may institute proceedings
67G. Time limit for institution of proceedings
Subdivision C - Location and recovery of children
67H. Interpretation
67J. Meaning of "location order" and "Commonwealth
information order"
67K. Who may apply for a location order
67L. Child's best interests paramount consideration in
making a location order
67M. Provisions about location orders, other than
Commonwealth information orders
67N. Provisions about Commonwealth information orders
67P. Information provided under location order not to be
disclosed except to limited persons
67Q. Meaning of "recovery order"
67R. How recovery orders authorise or direct people
67S. How recovery orders to stop and search etc. name or
describe vehicles, places etc.
67T. Who may apply for a recovery order
67U. Court's power to make recovery order
67V. Child's best interests paramount consideration in
making a recovery order
67W. How long recovery order remains in force
67X. Persons not to prevent or hinder taking of action under
recovery order
67Y. Obligation to notify persons of child's return
Subdivision D - Allegations of child abuse
67Z. Where party to proceedings makes allegation of child
abuse
67ZA. Where member of the Court personnel, counsellor or
mediator suspects child abuse etc.
67ZB. No liability for notification under section 67Z or 67ZA
Subdivision E - Other orders about children
67ZC. Orders relating to welfare of children

67ZD. Orders for delivery of passports
Division 9 - Injunctions
68A. What this Division does
68B. Injunctions
68C. Powers of arrest
Division 10 - The best interests of children and the
representation of children
Subdivision A - What this Division does
68D. What this Division does
Subdivision B - Determining the best interests of a child
68E. Proceedings to which Subdivision applies
68F. How a court determines what is in a child's best
interests
68G. How the wishes of a child are expressed
68H. Children not required to express wishes
68J. Informing court of relevant family violence orders
68K. Court to consider risk of family violence
Subdivision C - Separate representation of children
68L. Court orders for separate representation
68M. Order that child be made available for examination
Division 11 - Family violence
68N. What this Division does
68P. Interpretation
68Q. Purposes of Division
68R. Provisions about making an order for contact that is
inconsistent with a family violence order
68S. Section 68R contact orders prevail over inconsistent
family violence orders

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68T. Variation etc. of Division 11 contact order by court
making etc. family violence order
Division 12 - Proceedings and jurisdiction
Subdivision A - What this Division does
69A. What this Division does
Subdivision B - Institution of proceedings and procedure
69B. Certain proceedings to be instituted only under this
Part
69C. Who may institute proceedings
69D. Institution of maintenance proceedings by authorised
authority or person
69E. Child or parent to be present in Australia etc.
69F. Applicant may be in contempt
Subdivision C - Jurisdiction of courts
69G. Interpretation
69H. Jurisdiction of Family Court, State Family Courts and
Northern Territory Supreme Court
69J. Jurisdiction of courts of summary jurisdiction
69K. Territory court does not have jurisdiction unless a
party is ordinarily resident in the Territory
69L. Jurisdiction in relation to transferred matters under
other Commonwealth laws
69M. Jurisdiction is additional to other jurisdiction
69N. Transfer of proceedings from courts of summary
jurisdiction in certain cases
Subdivision D - Presumptions of parentage
69P. Presumptions of parentage arising from marriage
69Q. Presumption of paternity arising from cohabitation
69R. Presumption of parentage arising from registration of
birth
69S. Presumptions of parentage arising from findings of
courts
69T. Presumption of paternity arising from acknowledgments
69U. Rebuttal of presumptions etc.
Subdivision E - Parentage evidence
69V. Evidence of parentage
69W. Orders for carrying out of parentage testing procedures
69X. Orders associated with parentage testing orders
69Y. Orders directed to persons 18 or over
69Z. Orders directed to children under 18
69ZA. No liability if parent etc. consents
69ZB. Regulations about carrying out, and reporting on,
parentage testing procedures
69ZC. Reports of information obtained may be received in
evidence
69ZD. Parentage testing for purposes of international
maintenance agreements
Subdivision F - Extension, application and additional operation of Part
69ZE. Extension of Part to the States
69ZF. Unless declaration in force, Part's extension to a
State has effect subject to modifications
69ZG. Application of Part in, and in relation to,
Territories
69ZH. Additional application of Part
69ZJ. Additional jurisdiction of courts
69ZK. Child welfare laws not affected
Division 13 - State, Territory and overseas orders
Subdivision A - What this Division does
70A. What this Division does
Subdivision B - Registration of State and Territory orders
70B. Interpretation
70C. General registration of orders made under law of
prescribed State
70D. Registration of orders in a particular State
70E. Effect of registration
Subdivision C - Registration of overseas orders
70F. Interpretation
70G. Registration of orders
70H. Effect of registration - general
70J. Effect of registration on exercise of jurisdiction
70K. Cancellation of registration if residence order,
contact order or care order made
70L. Relationship between Australian orders and registered
overseas child orders
Subdivision D - Transmission of Australian orders to overseas
jurisdictions
70M. Registrar to send documents etc. to overseas
jurisdiction
70N. Regulations may deal with sending Australian orders
etc. to overseas jurisdiction

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Division 14 - Miscellaneous
70P. What this Division does
70Q. Certain instruments not liable to duty
32. Setting aside of orders altering property interests
33. Registered maintenance agreements
34. Operation of maintenance agreements entered into in
substitution for rights under Act
35. Intervention by Attorney-General
36. Intervention by other persons
37. Intervention in child abuse cases
38. Leave to appeal needed in some cases
39. Restrictions on examination of children
40. Insertion of new section:
102B. Assessors
41. Inter-State enforcement of child bearing expenses order
42. Convention on the Civil Aspects of International Child
Abduction
43. Insertion of new section:
111C. Convention on Protection of Children and
Cooperation in Respect of Intercountry Adoption
44. Interpretation
45. Meaning of "contravene an order"
46. Meaning of "reasonable excuse for contravening an order"
47. Sanctions for failure to comply with orders
48. Recognizances
49. Repeal of section 112AJ
50. Repeal of section 112AL
51. Operation of State and Territory laws
52. Repeal of section 114M and substitution of new section:
114M. Staff
53. Family Law Council
54. Costs
55. Reparation for certain losses and expenses relating to
children
56. Offers of settlement
57. Rules of Court
58. Regulations
59. Transitional matters
SCHEDULE 1
TRANSITIONAL PROVISIONS RELATING TO THE REPEAL AND RE-MAKING OF
PART II OF THE FAMILY LAW ACT 1975 AND TO THE AMENDMENTS OF
PARTS III AND IIIA OF THAT ACT
SCHEDULE 2
TRANSITIONAL PROVISIONS RELATING TO THE REPEAL AND RE-MAKING
OF PART VII OF THE FAMILY LAW ACT 1975

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - LONG TITLE

An Act to amend the Family Law Act 1975, and for related purposes

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 1
Short title etc.

1.(1) This Act may be cited as the Family Law Reform Act 1995.


(2) In this Act, "Principal Act" means the Family Law Act 1975*1*.


(Minister's second reading speech made in -
House of Representatives on 8 November 1994
Senate on 28 November 1994)
*1* No. 53, 1975, as amended. For previous amendments, see Nos. 63, 95 and 209, 1976; No. 102, 1977; No. 23, 1979; No. 2, 1982; Nos. 67 and 72, 1983; Nos. 63, 72 and 165, 1984; Nos. 65, 166 and 193, 1985; Nos. 76 and 168, 1986; Nos. 141 and 181, 1987; Nos. 8, 99 and 120, 1988; Nos. 124, 157 and 182, 1989; Nos. 115 and 138, 1990; Nos. 37, 113, 122, 136, 159 and 199, 1991; and Nos. 22, 23, 94, 104, 143 and 229, 1992.

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 2
Commencement

2.(1) Sections 1, 2 and 54 commence on the day on which this Act receives the Royal Assent.


(2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.


(3) If a provision to which subsection (2) applies does not commence under that subsection within the period of 12 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 3
Amendment of title

3. The title of the Principal Act is amended by omitting "Parental Rights and the Custody and Guardianship of Infants" and substituting "Parental Responsibility for Children".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 4

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Interpretation

4. Section 4 of the Principal Act is amended:
(a) by omitting "Part IIIA" from the definition of "appropriate officer" in subsection (1) and substituting "Division 5 of Part III";
(b) by omitting "60A(1) or (2)" from the definition of "child of a marriage" in subsection (1) and substituting "60F(1) or (2)";
(c) by omitting "60A(3)" from the definition of "child of a marriage" in subsection (1) and substituting "60F(3)";
(d) by omitting "New Zealand or any other" from the definition of "prescribed overseas jurisdiction" in subsection (1) and substituting "any";
(e) by omitting from subsection (1) the definitions of "approved", "approved mediator" and "marriage counsellor";
(f) by omitting from subsection (1) the definition of "financial or custodial proceedings";
(g) by inserting in subsection (1) the following definitions:
" 'approved counselling organisation' has the meaning given by subsection 12(1);
'approved mediation organisation' has the meaning given by subsection 12(2);
'child counselling' means counselling to:
(a) discuss the care, welfare or development of a child; or
(b) discuss, and try to resolve, differences between persons that affect the care, welfare or development of a child;
'community mediator' means a person referred to in paragraph (b) of the definition of 'family and child mediator';
'court mediator' means a person referred to in paragraph (a) of the definition of 'family and child mediator';
'family and child counselling' means any of the following kinds of counselling:
(a) marriage counselling;
(b) child counselling;
(c) counselling about any matter that arises out of proceedings under this Act and that involves:
(i) a parent or adoptive parent of a child; or
(ii) a child; or
(iii) a party to a marriage;
'family and child counsellor' means:
(a) a court counsellor; or
(b) a person authorised by an approved counselling organisation to offer family and child counselling on behalf of the organisation; or
(c) a person authorised under the regulations to offer family and child counselling;
'family and child mediation' means mediation of any dispute that could be the subject of proceedings (other than prescribed proceedings) under this Act and that involves:
(a) a parent or adoptive parent of a child; or
(b) a child; or
(c) a party to a marriage;
'family and child mediator' means:
(a) a person approved as a mediator under regulations for the purposes of this paragraph; or
(b) a person authorised by an approved mediation organisation to offer family and child mediation on behalf of the organisation; or
(c) a person, other than a person mentioned in paragraph (a) or (b), who offers family and child mediation;
'private mediator' means a person referred to in paragraph (c) of the definition of 'family and child mediator';";
(h) by inserting in subsection (1) the following definitions:
" 'child maintenance order' has the meaning given by subsection 64B(5);
'contact order' has the meaning given by subsection 64B(4);
'financial or Part VII proceedings' means proceedings (being, unless the context otherwise requires, proceedings under this Act) of a kind referred to in any of paragraphs (c) to (eb) of the definition of 'matrimonial cause' in this subsection or proceedings under Part VII;
'has', in relation to a residence order, a contact order or a specific issues order, has the meaning given by subsection 64B(8);
'made in favour', in relation to a residence order, a contact order or a specific issues order, has the meaning given by subsection 64B(7);
'parenting order' has the meaning given by subsection 64B(1);
'parenting plan' has the meaning given by subsection 63C(1);
'residence order' has the meaning given by subsection 64B(3);
'specific issues order' has the meaning given by subsection 64B(6);".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 5
Repeal of Part II and substitution of new Part

5. Part II of the Principal Act is repealed and the following Part is substituted:
"PART II - COUNSELLING ORGANISATIONS AND MEDIATION ORGANISATIONS
"Division 1 - What this Part does
What this Part does
"11. This Part provides for:

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(a) the approval of counselling organisations and mediation organisations (Division 2); and
(b) reporting by approved counselling organisations and approved mediation organisations (Division 3); and
(c) funding of approved counselling organisations and approved mediation organisations (Division 4).
"Division 2 - Approval of counselling organisations and
mediation organisations
Meaning of "approved counselling organisation" and "approved mediation organisation"
"12.(1) An approved counselling organisation is an organisation in relation to which an approval under section 13A is in force.
"(2) An approved mediation organisation is an organisation in relation to which an approval under section 13B is in force.


Organisation may be approved as an approved counselling organisation, an approved mediation organisation or both
"13. Subject to sections 13A and 13B, an organisation may be approved as:
(a) an approved counselling organisation; or
(b) an approved mediation organisation; or
(c) both an approved counselling organisation and an approved mediation organisation.


Approval of counselling organisations
"13A.(1) A voluntary organisation may apply to the Minister for approval as a counselling organisation.
"(2) The Minister may, in writing, approve the organisation as a counselling organisation if, and only if, the Minister is satisfied that:
(a) the organisation is willing and able to engage in family and child counselling; and
(b) the whole, or a substantial part, of the organisation's activities consist, or will consist, of family and child counselling.
"(3) If the Minister decides to refuse to approve the organisation, the Minister must give written notice of that decision to the organisation.


Approval of mediation organisations
"13B.(1) A voluntary organisation may apply to the Minister for approval as a mediation organisation.
"(2) The Minister may, in writing, approve the organisation as a mediation organisation if, and only if, the Minister is satisfied that:
(a) the organisation is willing and able to engage in family and child mediation; and
(b) the whole, or a substantial part, of the organisation's activities consist, or will consist, of family and child mediation.
"(3) If the Minister decides to refuse to approve the organisation, the Minister must give written notice of that decision to the organisation.


Approvals subject to conditions
"13C.(1) An approval under section 13A is subject to such conditions (if any) as are specified in the instrument of approval.
"(2) An approval under section 13B is subject to:
(a) a condition that the organisation must comply with the requirements of the regulations when it engages in family and child mediation; and
(b) such other conditions (if any) as are specified in the instrument of approval.
"(3) If an approval is subject to conditions specified in the instrument of approval, the Minister may, from time to time, revoke or vary all or any of those conditions or add further conditions.
"(4) The Minister's power to revoke, vary or add conditions must be exercised by notice in writing to the organisation concerned.


Revocation of approvals
"13D.(1) The Minister may, at any time, revoke the approval of an organisation under section 13A if:
(a) the organisation has failed to comply with a condition of the approval; or
(b) the organisation has failed to comply with its obligations as an approved counselling organisation under section 13F; or
(c) a person authorised by the organisation to offer family and child counselling on behalf of the organisation has failed to comply with a requirement of this Act or a direction made by a court under this Act; or
(d) the Minister is no longer satisfied as mentioned in paragraph 13A(2)(b) in relation to the organisation; or
(e) the Minister is satisfied that the organisation is not adequately carrying out family and child counselling.
"(2) The Minister may, at any time, revoke the approval of an organisation under section 13B if:
(a) the organisation has failed to comply with a condition of the approval; or
(b) the organisation has failed to comply with its obligations as an

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approved mediation organisation under section 13F; or
(c) a person authorised by the organisation to offer family and child mediation on behalf of the organisation has failed to comply with a requirement of this Act or a direction made by a court under this Act; or
(d) the Minister is no longer satisfied as mentioned in paragraph 13B(2)(b) in relation to the organisation; or
(e) the Minister is satisfied that the organisation is not adequately carrying out family and child mediation.
"(3) The Minister's power to revoke an approval must be exercised by notice in writing to the organisation concerned.
Minister to publish lists of approved counselling organisations and approved mediation organisations
"13E. The Minister must publish annually, in such manner as the Minister thinks appropriate:
(a) a list of all approved counselling organisations; and
(b) a list of all approved mediation organisations.


"Division 3 - Reporting by approved counselling
organisations and approved mediation organisations
Reports and financial statements of approved organisations
"13F.(1) An approved counselling organisation must, in respect of each financial year, give the Minister:
(a) an audited financial statement of the receipts and payments of the organisation, in which receipts and payments in respect of its family and child counselling activities are shown separately from other receipts and payments; and
(b) a report on its family and child counselling activities, including information about the number of cases dealt with by the organisation during the year.
"(2) An approved mediation organisation must, in respect of each financial year, give the Minister:
(a) an audited financial statement of the receipts and payments of the organisation, in which receipts and payments in respect of its family and child mediation activities are shown separately from other receipts and payments; and
(b) a report on its family and child mediation activities, including information about the number of cases dealt with by the organisation during the year.
"(3) A report under subsection (1) or (2) in relation to a financial year must be given to the Minister by 30 September in the next financial year.
Minister may exempt organisation from requirements of section 13F
"13G.(1) The Minister may, in writing, exempt an organisation from complying with some or all of the requirements of section 13F if the Minister is satisfied that:
(a) it would be impracticable for the organisation to comply with those requirements; or
(b) it would be unduly onerous to require the organisation to comply with those requirements.
"(2) An exemption under subsection (1) has effect accordingly.


"Division 4 - Funding of approved counselling organisations
and approved mediation organisations
Grants to approved counselling organisations and approved mediation organisations
"13H.(1) The Minister may, from time to time, out of money appropriated by the Parliament for the purposes of this Part, grant to an approved counselling organisation or an approved mediation organisation such sums by way of financial assistance as the Minister determines.
"(2) A grant may be made on terms and conditions (if any) that the Minister thinks appropriate.".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 6
Omission of heading to Part III and substitution of new heading

6. The heading to Part III of the Principal Act is omitted and the following heading is substituted:
"PART III - PRIMARY DISPUTE RESOLUTION".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 7
Repeal of section 14 and substitution of new sections and headings

7. Section 14 of the Principal Act is repealed and the following sections and headings are substituted:
"Division 1 - Object and outline
Object of Part
"14. The object of this Part is:
(a) to encourage people to use primary dispute resolution mechanisms (such as counselling, mediation, arbitration or other means of conciliation or reconciliation) to resolve matters in which a court order might otherwise be made under this Act, provided the mechanisms are appropriate in the circumstances and proper procedures are followed; and
(b) to ensure that people have access to counselling:
(i) to improve relationships covered by this Act; and
(ii) to help them adjust to court orders under this Act.

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Outline of Part
"14A. An outline of this Part is set out below.
OUTLINE OF PART
Item Divisions and coverage
1 Division 1 - Object and outline
. object of this Part
. outline of this Part
2 Division 2 - Obligations to consider the possibility of
reconciliation
. duty of judges and of legal practitioners to consider
the possibility of a reconciliation of the parties
3 Division 3 - Obligations to consider advising people
about primary dispute resolution methods
. duty of courts and of legal practitioners to consider
advising people about primary dispute resolution
methods
4 Division 4 - Counselling
. parties to a marriage seeking counselling
. courts advising or directing people to attend
counselling
. other matters related to counselling
5 Division 5 - Mediation and arbitration
. requests for mediation and courts advising or directing
parties to attend mediation
. private arbitration, courts referring proceedings to
arbitration and review of awards of arbitration
. provision of information about mediation and
arbitration services and other matters relating to
mediators and arbitrators
6 Division 6 - Miscellaneous
. miscellaneous matters


"Division 2 - Obligations to consider the possibility
of reconciliation
Interpretation
"14B. In this Division:
'Division 2 proceedings' means:
(a) proceedings for a dissolution of marriage; or
(b) financial or Part VII proceedings instituted by a party to a subsisting marriage;
'judge' includes a magistrate, Judicial Registrar or Registrar.


Duty of judges
"14C.(1) A judge constituting the court in which Division 2 proceedings are being heard must consider, from time to time, the possibility of a reconciliation of the parties.
"(2) If, during the proceedings, the judge considers, from the evidence in the proceedings or the attitude of the parties, that there is a reasonable possibility of a reconciliation of the parties, the judge may:
(a) adjourn the proceedings to give the parties the opportunity to consider a reconciliation; or
(b) with the consent of the parties, interview them in chambers, with or without counsel, as the judge thinks proper, to assist in a possible reconciliation.
"(3) If the judge adjourns the proceedings under paragraph (2)(a), the judge may advise the parties:
(a) to make use of the services of a family and child counsellor to assist in a possible reconciliation; or
(b) to request the Principal Director of Court Counselling of the Family Court, or an appropriate officer of a Family Court of a State, to nominate some other suitable person or organisation to assist in considering a possible reconciliation.
"(4) If, after an adjournment under subsection (2), either of the parties requests that the proceedings resume, the judge must resume the proceedings as soon as practicable.


Duty of legal practitioners
"14D. A legal practitioner representing a party to Division 2 proceedings must consider, from time to time, the possibility of a reconciliation of the parties.


"Division 3 - Obligations to consider advising people about
primary dispute resolution methods
Interpretation
"14E. In this Division:
'primary dispute resolution methods' means procedures and services for the resolution of disputes out of court, including:
(a) counselling services provided by family and child counsellors; and
(b) mediation services provided by family and child mediators; and

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(c) arbitration services provided by approved arbitrators.
Duty of courts
"14F. A court exercising jurisdiction in proceedings under this Act must consider whether or not to advise the parties to the proceedings about the primary dispute resolution methods that could be used to resolve any matter in dispute.
Duty of legal practitioners
"14G. A legal practitioner acting in proceedings under this Act, or consulted by a person considering instituting such proceedings, must consider whether or not to advise the parties to the proceedings, or the person considering instituting proceedings, about the primary dispute resolution methods that could be used to resolve any matter in dispute.


"Division 4 - Counselling
Division 3 of Part VII deals with counselling in matters affecting children
"14H. Division 3 of Part VII contains provisions that deal with counselling in matters affecting children.".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 8
Notice seeking counselling

8. Section 15 of the Principal Act is amended by omitting from subsection (2) "marriage counsellor" and substituting "family and child counsellor".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 9
Repeal of section 16A and substitution of new sections

9. Section 16A of the Principal Act is repealed and the following sections are substituted:
Courts to direct or advise people to attend counselling
"16A.(1) If a court makes an order or grants an injunction under section 114, the court must, if the court considers that it is in the interests of the parties or their children to do so, direct or advise either or both of the parties to attend upon a family and child counsellor.
"(2) Failure to comply with a direction or advice referred to in subsection (1) does not constitute a contempt of the court.
Courts may advise people to attend counselling if it may improve their relationship etc.
"16B.(1) If a court having jurisdiction under this Act considers that counselling may assist the parties to a marriage to improve their relationship to each other or to any of their children, it may advise the parties to attend upon a family and child counsellor or an approved counselling organisation.
"(2) If the court does so advise the parties, it may, if it considers it desirable to do so, adjourn any proceedings before it to enable attendance at counselling.
Obligations to consider advising people about counselling for marital breakdown
"16C.(1) In this section, counselling for marital breakdown is counselling to assist the parties to a marriage and their children to adjust to the consequences of marital breakdown.
"(2) A court exercising jurisdiction in proceedings under this Act, other than Part VII, must consider whether or not to advise parties to the proceedings about counselling for marital breakdown available through courts exercising jurisdiction under this Act and through approved counselling organisations.
"(3) A legal practitioner acting in proceedings under this Act, other than Part VII, or consulted by a person considering instituting such proceedings, must consider whether or not to advise the parties to the proceedings, or the person considering instituting proceedings, about counselling for marital breakdown available through courts exercising jurisdiction under this Act and through approved counselling organisations.".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 10
Provision of certain documents

10. Section 17 of the Principal Act is amended by omitting from paragraph (a) "welfare" and substituting "care, welfare or development".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 11
Repeal of section 18

11. Section 18 of the Principal Act is repealed.

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 12
Oath or affirmation of secrecy

12. Section 19 of the Principal Act is amended by omitting "marriage counsellor" (wherever occurring) and substituting "family and child counsellor".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 13
Omission of headings to Part IIIA and Division 1 of that Part and substitution of new headings

13. The headings to Part IIIA, and Division 1 of Part IIIA, of the Principal Act are omitted and the following headings are substituted:
"Division 5 - Mediation and arbitration
"Subdivision A - Mediation".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 14
Request for mediation - request made through court

14. Section 19A of the Principal Act is amended by omitting from paragraph (2)(b) "an approved mediator" and substituting "a court mediator".
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FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 15
Insertion of new section

15. After section 19A of the Principal Act the following section is inserted:
Request for mediation - where made direct to a family and child mediator
"19AA. A person may at any time request a family and child mediator to mediate a dispute.".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 16
Court may refer matters for mediation

16. Section 19B of the Principal Act is amended by omitting from subsections (1) and (3) "an approved mediator" and substituting "a court mediator".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 17
Insertion of new section

17. After section 19B of the Principal Act the following section is inserted:
Court to advise people to attend mediation
"19BA.(1) Subject to the regulations (if any), a court having jurisdiction under this Act must, if it considers it may help the parties to a dispute before it to resolve that dispute, advise the parties to seek the help of a family and child mediator.
"(2) If the court does so advise the parties, it may, if it considers it desirable to do so, adjourn any proceedings before it to enable attendance at mediation.".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 18
Repeal of section 19C

18. Section 19C of the Principal Act is repealed.

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 19
Omission of heading to Division 2 of Part IIIA and substitution of new heading

19. The heading to Division 2 of Part IIIA of the Principal Act is omitted and the following heading is substituted:
"Subdivision B - Arbitration".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 20
Omission of heading to Division 3 of Part IIIA and substitution of new heading

20. The heading to Division 3 of Part IIIA of the Principal Act is omitted and the following heading is substituted:
"Subdivision C - Miscellaneous".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 21
Repeal of section 19H

21. Section 19H of the Principal Act is repealed.

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 22
Advice about mediation and arbitration

22. Section 19J of the Principal Act is amended by omitting from subsection (1) all the words from and including "about" and substituting the following:
"about:
(a) the mediation or arbitration facilities (if any) available in the court and how those facilities are made available; and
(b) the mediation services provided by approved mediation organisations.".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 23
Oath or affirmation by court mediator or community mediator

23. Section 19K of the Principal Act is amended by omitting "An approved mediator" and substituting "A court mediator or a community mediator".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 24
Protection of mediators and arbitrators

24. Section 19M of the Principal Act is amended by omitting "An approved mediator" and substituting "A family and child mediator".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 25
Insertion of new Division

25. Before Part IV of the Principal Act the following Division is inserted:
"Division 6 - Miscellaneous
Admissions made to counsellors, mediators etc.
"19N.(1) This section applies to:
(a) a family and child counsellor; or
(b) a court mediator; or
(c) subject to the regulations, a community mediator or a private mediator; or
(d) a person nominated, or acting on behalf of an organisation nominated, for the purposes of paragraph 14C(3)(b) or subparagraph 44(1B)(a)(ii); or
(e) a person to whom a party to a marriage has been referred, for medical or other professional consultation, by a person referred to in paragraph (a), (b), (c) or (d).
"(2) Evidence of anything said, or any admission made, at a meeting or conference conducted by a person to whom this section applies while the person is acting as such a person is not admissible:
(a) in any court (whether exercising federal jurisdiction or not); or
(b) in any proceedings before a person authorised by a law of the Commonwealth or of a State or Territory, or by the consent of the parties, to hear evidence.



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Regulations to be complied with by community mediators and private mediators
"19P.(1) The regulations may prescribe requirements to be complied with by community mediators and private mediators in relation to the family and child mediation services they provide.
"(2) The regulations may prescribe penalties not exceeding 10 penalty units in respect of offences against regulations made for the purposes of subsection (1).


Advertising in Family Court registries of counselling, mediation and arbitration services
"19Q.(1) Subject to the regulations (if any), a family and child counsellor, or an approved counselling organisation, may advertise, at a Registry of the Family Court, the counselling services the counsellor or organisation provides.
"(2) Subject to the regulations (if any), a family and child mediator, or an approved mediation organisation, may advertise, at a Registry of the Family Court, the mediation services the mediator or organisation provides.
"(3) Subject to the regulations (if any), an approved arbitrator may advertise, at a Registry of the Family Court, the arbitration services the arbitrator provides.".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 26
Powers of Judicial Registrars

26. Section 26B of the Principal Act is amended:
(a) by omitting from subsection (1) all the words after "power to make" and substituting "an excluded child order (as defined in subsection (1A)).";
(b) by inserting after subsection (1) the following subsection:
"(1A) An excluded child order is:
(a) a residence order; or
(b) a contact order; or
(c) a specific issues order conferring responsibility for the long-term or day-to-day care, welfare and development of a child; or
(d) an order in relation to the welfare of a child;
other than an order until further order, an order made in undefended proceedings or an order made with the consent of all the parties to the proceedings.".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 27
Delegation of powers to Registrars

27. Section 37A of the Principal Act is amended:
(a) by omitting from subparagraph (1)(f)(i) "66K, 66ZA" and substituting "66Q, 67E";
(b) by omitting paragraph (2)(d) and substituting the following paragraph:
"(d) an excluded child order (as defined in subsection (2A)).";
(c) by inserting after subsection (2) the following subsection:
"(2A) An excluded child order is:
(a) a residence order; or
(b) a contact order; or
(c) a specific issues order conferring responsibility for the long-term or day-to-day care, welfare and development of a child; or
(d) an order in relation to the welfare of a child;
other than an order until further order, an order made in undefended proceedings or an order made with the consent of all the parties to the proceedings.".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 28
Principles to be applied by courts

28. Section 43 of the Principal Act is amended by omitting "and" at the end of paragraph (c) and inserting the following paragraph:
"(ca) the need to ensure safety from family violence; and".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 29
Institution of proceedings

29. Section 44 of the Principal Act is amended:
(a) by omitting subparagraph (1B)(a)(i) and substituting the following subparagraph:
"(i) a family and child counsellor or an approved counselling organisation; or";
(b) by omitting from subparagraph (1B)(a)(ii) and paragraph (1B)(b) "organization" and substituting "organisation".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 30
Decree absolute where children

30. Section 55A of the Principal Act is amended:
(a) by omitting from subparagraph (1)(b)(i) "welfare" and substituting "care, welfare and development";
(b) by omitting from subsection (2) "welfare" (first occurring) and substituting "care, welfare and development";
(c) by omitting from subsection (2) "court counsellor" and substituting "family and child counsellor".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 31
Repeal of Part VII and substitution of new Part

31. Part VII of the Principal Act is repealed and the following Part is substituted:
"PART VII - CHILDREN

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"Division 1 - Introductory
"Subdivision A - What this Division does
What this Division does
"60A. This Division contains:
(a) a statement of the object of this Part and the principles underlying it, and an outline of this Part (Subdivision B); and
(b) provisions relevant to the interpretation and application of this Part (Subdivision C); and
(c) provisions relevant to how this Act applies to certain children (Subdivision D).
Note: The extension and application of this Part is also dealt with in Subdivision F of Division 12.


"Subdivision B - Object, principles and outline
Object of Part and principles underlying it
"60B.(1) The object of this Part is to ensure that children receive adequate and proper parenting to help them achieve their full potential, and to ensure that parents fulfil their duties, and meet their responsibilities, concerning the care, welfare and development of their children.
"(2) The principles underlying these objects are that, except when it is or would be contrary to a child's best interests:
(a) children have the right to know and be cared for by both their parents, regardless of whether their parents are married, separated, have never married or have never lived together; and
(b) children have a right of contact, on a regular basis, with both their parents and with other people significant to their care, welfare and development; and
(c) parents share duties and responsibilities concerning the care, welfare and development of their children; and
(d) parents should agree about the future parenting of their children.
Outline of Part
"60C. An outline of this Part is set out below.
OUTLINE OF PART
Item Divisions and coverage
1 Division 1 - Introductory
. object of Part and principles underlying it, and outline
of Part
. interpretation and application of this Part
. how this Act applies to certain children
Note: The extension and application of this Part is also dealt with in Subdivision F of Division 12.
2 Division 2 - Parental responsibility
. the concept of parental responsibility
3 Division 3 - Counselling etc.
. counselling of people in relation to matters affecting
children
. preparation of reports for use in proceedings relating to
children under 18
. provision of documents about counselling and welfare
4 Division 4 - Parenting plans
. what parenting plans are and their registration in courts
5 Division 5 - Parenting orders - what they are
. what parenting orders are
6 Division 6 - Parenting orders other than child maintenance
orders
. applying for and making parenting orders, other than child
maintenance orders
. general obligations created by residence orders, contact
orders and specific issues orders
. dealing with people who have been arrested
. obligations under parenting orders, other than child
maintenance orders, relating to taking or sending children
from Australia
7 Division 7 - Child maintenance orders
. objects and principles relevant to the making of child
maintenance orders
. the relationship between Division 7 and the Child Support
(Assessment) Act 1989
. applying for and making child maintenance orders
. other aspects of courts' powers in relation to child
maintenance orders
. when child maintenance orders stop being in force
8 Division 8 - Other matters relating to children
. liability of a father to contribute towards child bearing
expenses if he is not married to the child's mother
. orders for the location and recovery of children
. reporting of allegations of child abuse
. other orders about children
9 Division 9 - Injunctions
. proceedings for injunctions in relation to children

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10 Division 10 - The best interests of children and Division 10
- the representation of children
. determining what is in a child's best interests (including
in situations of family violence)
. separate representation of children
11 Division 11 - Family violence
. the relationship between certain contact orders etc. and
family violence orders
12 Division 12 - Proceedings and jurisdiction
. institution of proceedings and procedure
. jurisdiction of courts
. presumptions of parentage
. parentage evidence
. places and people to which this Part extends and applies
13 Division 13 - State, Territory and overseas orders
. registration of State and Territory orders dealing with
children
. registration of overseas orders dealing with children
. transmission of Australian orders to overseas jurisdictions
14 Division 14 - Miscellaneous
. miscellaneous matters relating to children


"Subdivision C - Interpretation and application of Part
Defined expressions
"60D.(1) In this Part:
'abuse', in relation to a child, means:
(a) an assault, including a sexual assault, of the child which is an offence under a law, written or unwritten, in force in the State or Territory in which the act constituting the assault occurs; or
(b) a person involving the child in a sexual activity with that person or another person in which the child is used, directly or indirectly, as a sexual object by the first-mentioned person or the other person, and where there is unequal power in the relationship between the child and the first-mentioned person;
'adopted', in relation to a child, means adopted under the law of any place (whether in or out of Australia) relating to the adoption of children;
'artificial conception procedure' includes:
(a) artificial insemination; and
(b) the implantation of an embryo in the body of a woman;
'birth' includes stillbirth;
'child' includes an adopted child and a stillborn child;
'childbirth maintenance period', in relation to the birth of a child, means the period:
(a) commencing:
(i) in a case where the mother:
(A) works in paid employment; and
(B) is advised by a medical practitioner to stop working for
medical reasons related to her pregnancy; and
(C) stops working after being so advised and more than 2 months
before the child is due to be born;
on the day on which she stops working; or
(ii) in any other case - 2 months before the child is due to be
born; and
(b) ending 3 months after the child's birth;
'child maintenance order' has the meaning given by subsection 64B(5);
'child maintenance provisions', in relation to a parenting plan, has the meaning given by subsection 63C(5);
'child welfare law' means a law of a State or Territory prescribed, or included in a class of laws of a State or Territory prescribed, for the purposes of this definition;
'child welfare officer', in relation to a State or Territory, means:
(a) a person who, because he or she holds, or performs the duties of, a prescribed office of the State or Territory, has responsibilities in relation to a child welfare law of the State or Territory; or
(b) a person authorised in writing by such a person for the purposes of this Part;
'child welfare provisions', in relation to a parenting plan, has the meaning given by subsection 63C(4);
'contact order' has the meaning given by subsection 64B(4);
'de facto relationship' means the relationship between a man and a woman who live with each other as spouses on a genuine domestic basis although not legally married to each other;
'education' includes apprenticeship or vocational training;
'family violence' means conduct, whether actual or threatened, by a person towards, or towards the property of, a member of the person's family that causes that or any other member of the person's family to fear for, or to be apprehensive about, his or her personal well being or safety;
'family violence order' means an order (including an interim order) made under a prescribed law of a State or Territory to protect a person from family violence;

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'guardian', in relation to a child, includes a person who has been granted (whether alone or jointly with another person or other persons) guardianship of the child under the law of the Commonwealth or of a State or Territory;
'has', in relation to a residence order, a contact order or a specific issues order, has the meaning given by subsection 64B(8);
'interests', in relation to a child, includes matters related to the care, welfare or development of the child;
'made in favour', in relation to a residence order, a contact order or a specific issues order, has the meaning given by subsection 64B(7);
'medical expenses' includes medical, surgical, dental, diagnostic, hospital, nursing, pharmaceutical and physiotherapy expenses;
'medical practitioner' means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners;
'member of the Court personnel' means:
(a) a court counsellor; or
(b) a court mediator; or
(c) an approved arbitrator; or
(d) a welfare officer; or
(e) the Registrar or a Deputy Registrar of a Registry of the Family Court of Australia; or
(f) the Registrar or a Deputy Registrar of the Family Court of Western Australia;
'member of the family', in relation to a person, has, for the purposes of this section, paragraphs 68F(2)(i) and (j) and section 68J, the meaning given by subsection (2);
'parent', in relation to a child who has been adopted, means an adoptive parent of the child;
'parentage testing order' has the meaning given by subsection 69W(1);
'parentage testing procedure' means a medical procedure prescribed, or included in a class of medical procedures prescribed, for the purposes of this definition;
'parental responsibility' has the meaning given by section 61B;
'parenting order' has the meaning given by subsection 64B(1);
'parenting plan' has the meaning given by subsection 63C(1);
'prescribed adopting parent', in relation to a child, means:
(a) a parent of the child; or
(b) the spouse of, or a person in a de facto relationship with, a parent of the child; or
(c) a parent of the child and either his or her spouse or a person in a de facto relationship with the parent;
'prescribed child welfare authority', in relation to abuse of a child, means:
(a) if the child is the subject of proceedings under this Part in a State or Territory - an officer of the State or Territory who is responsible for the administration of the child welfare laws of the State or Territory, or some other prescribed person; or
(b) if the child is not the subject of proceedings under this Part - an officer of the State or Territory in which the child is located or is believed to be located who is responsible for the administration of the child welfare laws of the State or Territory, or some other prescribed person;
'professional ethics' includes:
(a) rules of professional conduct; and
(b) rules of professional etiquette; and
(c) a code of ethics; and
(d) standards of professional conduct;
'residence order' has the meaning given by subsection 64B(3);
'specific issues order' has the meaning given by subsection 64B(6);
'step-parent', in relation to a child, means a person who:
(a) is not a parent of the child; and
(b) is or has been married to a parent of the child; and
(c) treats, or at any time during the marriage treated, the child as a member of the family formed with the parent.
"(2) For the purposes of this section, paragraphs 68F(2)(i) and (j) and section 68J, a person (the 'first person') is a member of the family of another person (the 'second person') if:
(a) the first person is or has been married to, or in a de facto relationship with, the second person; or
(b) the first person is or has been a relative of the second person (as defined in subsection (3)); or
(c) an order under this Act described in subparagraph (i) or (ii) is or was (at any time) in force:
(i) a residence order, contact order or specific issues order that
relates to a child who is either the first person or the second person and that is in favour of the other of those persons;
(ii) an order providing for the first person or the second person
to have custody or guardianship of, or a right of access to, the other of those persons; or
(d) an order under a law of a State or Territory described in subparagraph (i) or (ii) is or was (at any time) in force:

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(i) an order determining that the first person or the second person
is or was to live with the other of those persons, or is or was to have custody or guardianship of the other of those persons;
(ii) an order providing for contact between the first person and
the second person, or for the first person or the second person to have a right of access to the other of those persons; or
(e) the first person ordinarily or regularly resides or resided with the second person, or with another member of the family of the second person; or
(f) the first person is or has been a member of the family of a child of the second person.
"(3) For the purposes of this section, a relative of a person is:
(a) a father, mother, grandfather, grandmother, step-father or step-mother of the person; or
(b) a son, daughter, grandson, grand-daughter, step-son or step-daughter of the person; or
(c) a brother, sister, half-brother, half-sister, step-brother or step-sister of the person; or
(d) an uncle or aunt of the person; or
(e) a nephew or niece of the person; or
(f) a cousin of the person; or
(g) if the person is or was married - in addition to paragraphs (a) to (f), a person who is or was a relative, of the kind described in any of those paragraphs, of the person's spouse; or
(h) if the person is or was in a de facto relationship with another person - in addition to paragraphs (a) to (f), a person who would be a relative of a kind described in any of those paragraphs if the persons in that de facto relationship were or had been married to each other.
Application of Part to void marriages
"60E. This Part applies in relation to a purported marriage that is void as if:
(a) the purported marriage were a marriage; and
(b) the parties to the purported marriage were husband and wife.


"Subdivision D - Interpretation - how this Act applies
to certain children
Certain children are children of marriage etc.
"60F.(1) A reference in this Act to a child of a marriage includes, subject to subsection (3), a reference to each of the following children:
(a) a child adopted since the marriage by the husband and wife or by either of them with the consent of the other;
(b) a child of the husband and wife born before the marriage;
(c) a child who is, under subsection 60H(1), the child of the husband and wife.
"(2) A reference in this Act to a child of a marriage includes a reference to a child of:
(a) a marriage that has been dissolved or annulled, in Australia or elsewhere; or
(b) a marriage that has been terminated by the death of one party to the marriage.
"(3) A child of a marriage who is adopted by a person who, before the adoption, is not a prescribed adopting parent ceases to be a child of that marriage for the purposes of this Act.
"(4) The following provisions apply in relation to a child of a marriage who is adopted by a prescribed adopting parent:
(a) if a court granted leave under section 60G for the adoption proceedings to be commenced - the child ceases to be a child of the marriage for the purposes of this Act;
(b) in any other case - the child continues to be a child of the marriage for the purposes of this Act.
Family Court may grant leave for adoption proceedings by prescribed adopting parent
"60G.(1) Subject to subsection (2), the Family Court, the Supreme Court of the Northern Territory or the Family Court of a State may grant leave for proceedings to be commenced for the adoption of a child by a prescribed adopting parent.
"(2) In proceedings for leave under subsection (1), the court must consider whether granting leave would be in the child's best interests, having regard to the effect of paragraph 60F(4)(a) and of sections 61E and 65J.
Note: Division 10 deals with how a court determines a child's best interests.
Children born as a result of artificial conception procedures
"60H.(1) If:
(a) a child is born to a woman as a result of the carrying out of an artificial conception procedure while the woman was married to a man; and
(b) either of the following paragraphs apply:
(i) the procedure was carried out with their consent;
(ii) under a prescribed law of the Commonwealth or of a State or
Territory, the child is a child of the woman and of the man;
then, whether or not the child is biologically a child of the woman and of the man, the child is their child for the purposes of this Act.
"(2) If:

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(a) a child is born to a woman as a result of the carrying out of an artificial conception procedure; and
(b) under a prescribed law of the Commonwealth or of a State or Territory, the child is a child of the woman;
then, whether or not the child is biologically a child of the woman, the child is her child for the purposes of this Act.
"(3) If:
(a) a child is born to a woman as a result of the carrying out of an artificial conception procedure; and
(b) under a prescribed law of the Commonwealth or of a State or Territory, the child is a child of a man;
then, whether or not the child is biologically a child of the man, the child is his child for the purposes of this Act.
"(4) If a person lives with another person as the husband or wife of the first-mentioned person on a genuine domestic basis although not legally married to that person, subsection (1) applies in relation to them as if:
(a) they were married to each other; and
(b) neither person were married to any other person.
"(5) For the purposes of subsection (1), a person is to be presumed to have consented to an artificial conception procedure being carried out unless it is proved, on the balance of probabilities, that the person did not consent.


"Division 2 - Parental responsibility
What this Division does
"61A. This Division deals with the concept of parental responsibility including, in particular:
(a) what parental responsibility is; and
(b) who has parental responsibility.
Meaning of "parental responsibility"
"61B. In this Part, 'parental responsibility', in relation to a child, means all the duties, powers, responsibilities and authority which, by law, parents have in relation to children.
Each parent has parental responsibility (subject to court orders)
"61C.(1) Each of the parents of a child who is not 18 has parental responsibility for the child.
"(2) Subsection (1) has effect despite any changes in the nature of the relationships of the child's parents. It is not affected, for example, by the parents becoming separated or by either or both of them marrying or re-marrying.
"(3) Subsection (1) has effect subject to any order of a court for the time being in force (whether or not made under this Act and whether made before or after the commencement of this section).
Parenting orders and parental responsibility
"61D.(1) A parenting order confers parental responsibility for a child on a person, but only to the extent to which the order confers on the person duties, powers, responsibilities or authority in relation to the child.
"(2) A parenting order in relation to a child does not take away or diminish any aspect of the parental responsibility of any person for the child except to the extent (if any):
(a) expressly provided for in the order; or
(b) necessary to give effect to the order.
Effect of adoption on parental responsibility
"61E.(1) This section applies if:
(a) a child is adopted; and
(b) immediately before the adoption, a person had parental responsibility for the child, whether in full or to a limited extent and whether because of section 61C or because of a parenting order.
"(2) The person's parental responsibility for the child ends on the adoption of the child, unless the adoption is by a prescribed adopting parent and leave was not granted under section 60G for the adoption proceedings to be commenced.


"Division 3 - Counselling etc.
What this Division does
"62A. This Division deals with:
(a) the counselling of people in relation to matters affecting children; and
(b) the preparation of reports for use in proceedings relating to children who are under 18; and
(c) the provision of documents about counselling and welfare.
Obligations to consider advising people about counselling for Part VII orders
"62B.(1) In this section, counselling for Part VII orders is counselling to assist children and parties to proceedings under this Part to adjust to the consequences of orders under this Part.
"(2) A court exercising jurisdiction in proceedings under this Part must consider whether or not to advise parties to the proceedings about counselling for Part VII orders available through courts exercising jurisdiction under this Part and through approved counselling organisations.
"(3) A legal practitioner acting in proceedings under this Part, or consulted by a person considering commencing such proceedings, must consider

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whether or not to advise the parties to the proceedings, or the person considering commencing proceedings, about counselling for Part VII orders available through courts exercising jurisdiction under this Part and through approved counselling organisations.
Request for counselling - request made through court
"62C.(1) A party to proceedings under this Part, or a person representing a child under an order made under section 68L, may file in the Family Court or a Family Court of a State a notice stating that he or she wishes to have the assistance of the counselling facilities of that Court.
"(2) On the filing of the notice, the Principal Director of Court Counselling of the Family Court or an appropriate officer of the Family Court of the State, as the case may be, must arrange for parties to the proceedings (with or without the child) to be interviewed by a family and child counsellor or welfare officer to assess whether counselling is appropriate in all the circumstances, and if it is:
(a) to discuss the care, welfare and development of the child; and
(b) if there are differences between the parties in relation to matters affecting the care, welfare and development of the child, to try to resolve those differences.
Request for counselling - where made direct to a family and child counsellor
"62D. A person may at any time request a family and child counsellor to provide counselling about a matter relating to a child.
Court counselling facilities to be made available
"62E.(1) A parent of a child, a child or a party to proceedings under this Part may seek the assistance of the counselling facilities of the Family Court or a Family Court of a State.
"(2) The Principal Director of Court Counselling of the Family Court or an appropriate officer of the Family Court of the State, as the case may be, must, as far as practicable, make those facilities available.
Conferences with family and child counsellors or welfare officers
"62F.(1) This section applies if, in proceedings under this Act, the care, welfare and development of a child who is under 18 is relevant.
"(2) The court may, at any stage of the proceedings, make an order directing the parties to the proceedings to attend a conference with a family and child counsellor or welfare officer:
(a) to discuss the care, welfare and development of the child; and
(b) if there are differences between the parties in relation to matters affecting the care, welfare and development of the child - to try to resolve those differences.
"(3) The court may make an order under subsection (2):
(a) on its own initiative; or
(b) on the application of:
(i) a party to the proceedings; or
(ii) a person representing the child under an order made under
section 68L.
"(4) The court may, in an order under subsection (2):
(a) fix a place and time for the conference to take place; or
(b) direct that the conference is to take place at a place and time to be fixed by a family and child counsellor or welfare officer.
"(5) If a person fails to attend a conference in respect of which the court has made an order under subsection (2), the counsellor or welfare officer must report the failure to the court.
"(6) On receiving a report under subsection (5), the court may give such further directions in relation to the conference as it considers appropriate.
"(7) The court may make further directions under subsection (6):
(a) on its own initiative; or
(b) on the application of:
(i) a party to the proceedings; or
(ii) a person representing the child under an order made under
section 68L.
"(8) Evidence of anything said, or of any admission made, at a conference that takes place pursuant to an order under subsection (2) is not admissible:
(a) in any court (whether exercising federal jurisdiction or not); or
(b) in any proceedings before a person authorised by a law of the Commonwealth or of a State or Territory, or by consent of the parties, to hear evidence.
Reports by family and child counsellors and welfare officers
"62G.(1) This section applies if, in proceedings under this Act, the care, welfare and development of a child who is under 18 is relevant.
"(2) The court may direct a family and child counsellor or welfare officer to give the court a report on such matters relevant to the proceedings as the court thinks desirable.
"(3) If the court makes a direction under subsection (2), it may, if it thinks it necessary, adjourn the proceedings until the report has been given to the court.
"(4) A counsellor or welfare officer may include in a report prepared pursuant to a direction under subsection (2), in addition to the matters required to be included in it, any other matters that relate to the care, welfare or development of the child.
"(5) For the purpose of the preparation of a report pursuant to a direction
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under subsection (2), the court may make such orders, or give such further directions, as it considers appropriate, including orders or directions for the attendance on the counsellor or welfare officer of a party to the proceedings or of the child.
"(6) If a person fails to comply with an order or direction under subsection (5), the counsellor or welfare officer must report the failure to the court.
"(7) On receiving a report under subsection (6), the court may give such further directions in relation to the preparation of the report as it considers appropriate.
"(8) A report given to the court pursuant to a direction under subsection (2) may be received in evidence in any proceedings under this Act.
Provision of certain documents
"62H. The Rules of Court must provide for people proposing to institute proceedings under this Part in relation to children, and in appropriate cases to other persons who may be interested in the care, welfare and development of children, to be given documents setting out:
(a) the legal and possible social effects of the proposed proceedings; and
(b) the counselling and welfare facilities available within the Family Court and elsewhere.


"Division 4 - Parenting plans
What this Division does
"63A. This Division explains what parenting plans are and provides for their registration in courts.
Parents encouraged to reach agreement
"63B. The parents of a child are encouraged:
(a) to agree about matters concerning the child rather than seeking an order from a court; and
(b) in reaching their agreement, to regard the best interests of the child as the paramount consideration.
Meaning of "parenting plan" and related terms
"63C.(1) A parenting plan is an agreement that:
(a) is in writing; and
(b) is or was made between the parents of a child; and
(c) deals with a matter or matters mentioned in subsection (2).
"(2) A parenting plan may deal with one or more of the following:
(a) the person or persons with whom a child is to live;
(b) contact between a child and another person or other persons;
(c) maintenance of a child;
(d) any other aspect of parental responsibility for a child.
"(3) An agreement may be a parenting plan:
(a) whether made before or after the commencement of this section; and
(b) whether made inside or outside Australia; and
(c) whether other persons as well as a child's parents are also parties; and
(d) whether it deals with other matters as well as matters mentioned in subsection (2).
"(4) Provisions of a parenting plan that deal with any of the matters mentioned in paragraphs (2)(a), (b) and (d) are child welfare provisions.
"(5) Provisions of a parenting plan that deal with the matter mentioned in paragraph (2)(c) are child maintenance provisions.
Parenting plan may not be varied, but may be revoked, by further agreement
"63D.(1) An agreement, in whatever form and however expressed, is not effective to vary a parenting plan for the purposes of this Act. An agreement purporting to vary a parenting plan cannot be registered under section 63E.
"(2) Subject to subsection (3), a parenting plan may be revoked by agreement in writing between the parties to the plan.
"(3) An agreement revoking a registered parenting plan:
(a) may, subject to the Rules of Court, be registered under section 63E as if it were a parenting plan; and
(b) does not have effect to revoke the plan until it is so registered.
Registration in a court
"63E.(1) Subject to this section, a parenting plan may be registered in a court having jurisdiction under this Part.
"(2) To apply for registration of a parenting plan:
(a) an application for registration of the plan must be lodged in accordance with the Rules of Court; and
(b) the application must be accompanied by a copy of the plan, the information required by the Rules of Court, and:
(i) a statement, in relation to each party, that is to the effect
that the party has been provided with independent legal advice as to the meaning and effect of the plan and that is signed by the practitioner who provided that advice; or
(ii) a statement to the effect that the plan was developed after
consultation with a family and child counsellor (as defined in section 4) and that is signed by the counsellor.
"(3) The court may register the plan if it considers it appropriate to do so having regard to the best interests of the child to which the plan relates. In determining whether it is appropriate to register the plan, the court:
(a) must have regard to the information accompanying the application for

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registration; and
(b) may, but is not required to, have regard to all or any of the matters set out in subsection 68F(2).
"(4) The Rules of Court:
(a) must prescribe what information is to accompany an application for registration of a parenting plan; and
(b) may prescribe other matters relating to the procedures for registration.
Child welfare provisions of registered parenting plans
"63F.(1) This section applies if a parenting plan that contains child welfare provisions is registered in a court under section 63E.
"(2) The court may, by order, vary the child welfare provisions in the plan if it considers the variation is required in the best interests of a child.
"(3) The child welfare provisions have effect, subject to subsections (5) and (6), as if they were:
(a) to the extent they deal with the person or persons with whom the child is to live - a residence order made by the court; and
(b) to the extent they deal with contact between the child and another person or other persons - a contact order made by the court; and
(c) to the extent they deal with any other aspect of parental responsibility for the child - a specific issues order made by the court.
Note: Provisions of this Act relevant to the child welfare provisions having effect as provided in this subsection include:
(a) Subdivisions C, D and E of Division 6 of this Part (dealing with obligations created by residence orders, contact orders and specific issues orders); and
(b) Parts XIII and XIIIA (dealing generally with enforcement of orders and sanctions for contravening orders); and
(c) subsection 65D(2) (providing for discharge, variation, suspension and revival of parenting orders other than child maintenance orders); and
(d) other provisions of this Act (including subsections 64B(7) and (8)) that refer to parenting orders, or to residence orders, contact orders or specific issues orders.
"(4) If provisions of the plan have effect under subsection (3) as a court order, a person who is a party to the plan is taken (for example, for the purposes of section 65Y) to be a party to the proceedings in which the order was made.
"(5) Subsection (3) does not apply to the plan (whenever registered) to the extent (if at all) that the plan purports to determine that the child concerned is to live with a person who is not a parent of the child.
"(6) Even though the plan is registered, the court, or another court having jurisdiction under this Part, must not enforce the child welfare provisions if it considers that to do so would be contrary to the best interests of a child.
Note: Division 10 deals with how a court determines a child's best interests.


Child maintenance provisions of registered parenting plans - where not enforceable as maintenance agreements
"63G.(1) This section applies if:
(a) a parenting plan that contains child maintenance provisions is registered in a court under section 63E; and
(b) the plan is not a maintenance agreement, or, if it is a maintenance agreement, the child concerned is not a child of the relevant marriage.
"(2) The child maintenance provisions have effect, subject to subsections (3), (4) and (5), as if they were a child maintenance order made by the court.
Note: Provisions of this Act relevant to the child maintenance provisions having effect as a child maintenance order include:
(a) Parts XIII and XIIIA (dealing generally with enforcement of orders and sanctions for contravening orders); and
(b) section 66S (providing for discharge, variation, suspension and revival of child maintenance orders); and
(c) other provisions of this Act that refer to parenting orders, or to child maintenance orders.
"(3) Unless the plan provides otherwise, the child maintenance provisions (other than provisions for the periodic payment of maintenance) continue to operate in spite of the death of a party to the plan and operate in favour of, and are binding on, the legal personal representative of that party.
"(4) If the child maintenance provisions include provisions (the 'periodic provisions') for the periodic payment of maintenance:
(a) the periodic provisions continue to operate, if the plan so provides, in spite of the death of a party to the plan who is liable to make the periodic payments, and are binding on the legal personal representative of that party; but
(b) the periodic provisions do not continue to operate, in spite of anything in the plan, after the death of the person entitled to receive the periodic payments.
"(5) The child maintenance provisions have no effect, and are not enforceable in any way, at any time when an application could properly be made under the Child Support (Assessment) Act 1989 by one of the parties to the

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plan for administrative assessment of child support (within the meaning of that Act) for the child concerned seeking payment of child support by the other party to the plan.
"(6) Subsection (5) has effect whether or not an application for administrative assessment of child support for the child has in fact been made by a party to the plan.
Court's powers to set aside, discharge, vary, suspend or revive registered parenting plans
"63H.(1) The court in which a parenting plan is registered under section 63E may set aside the plan, and its registration, if the court is satisfied:
(a) that the concurrence of a party was obtained by fraud, duress or undue influence; or
(b) that the parties want the plan set aside; or
(c) that it is in the best interests of a child to set aside the plan.
"(2) In proceedings under subsection (1), to the extent that they are proceedings on the ground mentioned in paragraph (1)(c), the best interests of the child concerned are the paramount consideration.
Note: Division 10 deals with how a court determines a child's best interests.
"(3) Other provisions of this Act under which provisions of the parenting plan may be set aside or otherwise affected are:
(a) subsection 63F(2) - under that subsection a court may vary child welfare provisions in the plan; and
(b) subsection 65D(2) - under that subsection a court may make a parenting order that discharges, varies, suspends or revives provisions of the plan that have effect as if they were a parenting order (other than a child maintenance order); and
(c) section 66S - under that section a court may discharge, vary, suspend or revive provisions of the plan that have effect as if they were a child maintenance order.
"(4) Except as permitted by subsection (1) or by a provision mentioned in subsection (3), a court must not set aside, discharge, vary, suspend or revive the whole or a part of the parenting plan.


"Division 5 - Parenting orders - what they are
What this Division does
"64A. This Division explains what parenting orders are.
Meaning of "parenting order" and related terms
"64B.(1) A parenting order is:
(a) an order under this Part (including an order until further order) dealing with a matter mentioned in subsection (2); or
(b) an order under this Part discharging, varying, suspending or reviving an order, or part of an order, described in paragraph (a).
"(2) A parenting order may deal with one or more of the following:
(a) the person or persons with whom a child is to live;
(b) contact between a child and another person or other persons;
(c) maintenance of a child;
(d) any other aspect of parental responsibility for a child.
"(3) To the extent (if at all) that a parenting order deals with the matter mentioned in paragraph (2)(a), the order is a residence order.
"(4) To the extent (if at all) that a parenting order deals with the matter mentioned in paragraph (2)(b), the order is a contact order.
"(5) To the extent (if at all) that a parenting order deals with the matter mentioned in paragraph (2)(c), the order is a child maintenance order.
"(6) To the extent (if at all) that a parenting order deals with any other aspect of parental responsibility for a child, the order is a specific issues order. A specific issues order may, for example, confer on a person (whether alone or jointly with another person) responsibility for the long-term care, welfare and development of the child or for the day-to-day care, welfare and development of the child.
"(7) For the purposes of this Act:
(a) a residence order is made in favour of a person, or the person, with whom the child concerned is supposed to live under the order; and
(b) a contact order is made in favour of a person, or the person, with whom the child concerned is supposed to have contact under the order; and
(c) a specific issues order is made in favour of a person, or the person, on whom the order confers duties, powers, responsibilities or authority in relation to the child concerned.
"(8) For the purposes of this Act:
(a) a person has a residence order in relation to a child if a residence order made in favour of the person is in force in relation to the child; and
(b) a person has a contact order in relation to a child if a contact order made in favour of the person is in force in relation to the child; and
(c) a person has a specific issues order in relation to a child if a specific issues order made in favour of the person is in force in relation to the child.
Parenting orders may be made in favour of parents or other persons
"64C. A parenting order in relation to a child may be made in favour of a parent of the child or some other person.


"Division 6 - Parenting orders other than child maintenance orders

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"Subdivision A - Introductory
What this Division does
"65A. This Division deals with:
(a) applying for and making parenting orders, other than child maintenance orders (Subdivision B); and
(b) the general obligations created by residence orders, contact orders and specific issues orders (Subdivision C); and
(c) dealing with people who have been arrested (Subdivision D); and
(d) the obligations under parenting orders, other than child maintenance orders, relating to taking or sending children from Australia (Subdivision E).
Division does not apply to child maintenance orders
"65B. This Division does not apply to parenting orders to the extent that they consist of child maintenance orders. Child maintenance orders are dealt with in Division 7.


"Subdivision B - Applying for and making parenting orders
Who may apply for a parenting order
"65C. A parenting order in relation to a child may be applied for by:
(a) either or both of the child's parents; or
(b) the child; or
(c) any other person concerned with the care, welfare or development of the child.
Court's power to make parenting order
"65D.(1) In proceedings for a parenting order, the court may, subject to this Division, make such parenting order as it thinks proper.
"(2) Without limiting the generality of subsection (1) and subject to this Division, a court may make a parenting order that discharges, varies, suspends or revives some or all of an earlier parenting order.
Child's best interests paramount consideration in making a parenting order
"65E. In deciding whether to make a particular parenting order in relation to a child, a court must regard the best interests of the child as the paramount consideration.
Note: Division 10 deals with how a court determines a child's best interests.
General requirements for counselling before parenting order made
"65F.(1) In proceedings for a parenting order in relation to a child, the court may order the parties to the proceedings to attend a conference with a family and child counsellor or a welfare officer to discuss the matter to which the proceedings relate.
"(2) Subject to subsection (3), a court must not make a parenting order in relation to a child unless:
(a) the parties to the proceedings have attended a conference with a family and child counsellor or a welfare officer to discuss the matter to which the proceedings relate; or
(b) the court is satisfied that there is an urgent need for the parenting order, or there is some other special circumstance (such as family violence), that makes it appropriate to make the order even though the parties to the proceedings have not attended a conference as mentioned in paragraph (a); or
(c) the court is satisfied that it is not practicable to require the parties to the proceedings to attend a conference as mentioned in paragraph (a).
"(3) Subsection (2) does not apply to the making of a parenting order if:
(a) it is made with the consent of all the parties to the proceedings; or
(b) it is an order until further order.
Special conditions for making residence order or specific issues order by consent in favour of non-parent
"65G.(1) This section applies if:
(a) a court proposes to make:
(i) a residence order; or
(ii) a specific issues order under which a person will be
responsible for a child's long-term or day-to-day care, welfare and development; and
(b) the court proposes to make that order:
(i) otherwise than in favour of a parent, or of persons who include
a parent, of the child concerned; and
(ii) with the consent of all the parties to the proceedings.
"(2) The court must not make the proposed order unless:
(a) these conditions are satisfied:
(i) the parties to the proceedings have attended a conference with
a family and child counsellor or a welfare officer to discuss the matter to be determined by the proposed order; and
(ii) the court has considered a report prepared by the counsellor
or officer about that matter; or
(b) the court is satisfied that there are circumstances that make it appropriate to make the proposed order even though the conditions in paragraph (a) are not satisfied.
Children who are 18 or over or who have married or entered de facto relationships
"65H.(1) A parenting order must not be made in relation to a child who:
(a) is 18 or over; or
(b) is or has been married; or

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(c) is in a de facto relationship.
"(2) A parenting order in relation to a child stops being in force if the child turns 18, marries or enters into a de facto relationship.
"(3) A court having jurisdiction under this Part may make a declaration to the effect that the child is in, or has entered into, a de facto relationship.
"(4) A declaration under subsection (3) has effect for the purposes of this Act but does not have effect for any other purpose (including, for example, other laws of the Commonwealth or laws of the States and Territories).
Effect of adoption on parenting order
"65J.(1) This section applies if:
(a) a child is adopted; and
(b) immediately before the adoption, a parenting order was in force in relation to the child.
"(2) The parenting order stops being in force on the adoption of the child, unless the adoption is by a prescribed adopting parent and leave was not granted under section 60G for the adoption proceedings to be commenced.
What happens when parenting order that is or includes residence order does not make provision in relation to death of parent with whom child lives
"65K.(1) This section applies if:
(a) a parenting order that is or includes a residence order is in force determining that a child is to live with one of the child's parents; and
(b) that parent dies; and
(c) the parenting order does not provide for what is to happen on that parent's death.
"(2) The surviving parent cannot require the child to live with him or her.
"(3) The surviving parent, or another person (subject to section 65C), may apply for the making of a residence order in relation to the child.
"(4) In an application under subsection (3) by a person who does not, at the time of the application, have any parental responsibility for the child, any person who, at that time, has any parental responsibility for the child is entitled to be a party to the proceedings.


Counsellors may be required to supervise or assist compliance with parenting orders
"65L.(1) If a court makes a parenting order in relation to a child, the court may also, subject to subsection (2), make either or both of the following orders:
(a) an order requiring compliance with the parenting order, as far as practicable, to be supervised by a family and child counsellor or a welfare officer;
(b) an order requiring a family and child counsellor or a welfare officer to give any party to the parenting order such assistance as is reasonably requested by that party in relation to compliance with, and the carrying out of, the parenting order.
"(2) In deciding whether to make a particular order under subsection (1) in relation to a child, a court must regard the best interests of the child as the paramount consideration.
Note: Division 10 deals with how a court determines a child's best interests.


"Subdivision C - General obligations created by residence
orders, contact orders and specific issues orders
General obligations created by residence order
"65M.(1) This section applies if a residence order is in force in relation to a child.
"(2) A person must not, contrary to the order:
(a) remove the child from the care of a person; or
(b) refuse or fail to deliver or return the child to a person; or
(c) interfere with the exercise or performance of any of the powers, duties or responsibilities that a person has under the order.
General obligations created by contact order
"65N.(1) This section applies if a contact order is in force in relation to a child.
"(2) A person must not:
(a) hinder or prevent a person and the child from having contact in accordance with the order; or
(b) interfere with the contact that a person and the child are supposed to have with each other under the order.
General obligations created by specific issues orders that confer responsibility for a child's care, welfare and development
"65P.(1) This section applies if a specific issues order:
(a) is in force in relation to a child; and
(b) confers responsibility on a person (the 'carer') for the child's long-term or day-to-day care, welfare and development.
"(2) A person must not hinder the carer in, or prevent the carer from, discharging that responsibility.
Court may issue warrant for arrest of alleged offender
"65Q.(1) This section applies if:
(a) a residence order or a contact order is in force in relation to a child; and

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(b) a court having jurisdiction under this Part is satisfied, on application by a person in whose favour the order was made, that there are reasonable grounds for believing that a person (the 'alleged offender') has contravened section 65M or 65N in relation to the order; and
(c) there is an application before the court for the alleged offender to be dealt with under section 112AD for the alleged contravention; and
(d) the court is satisfied that the issue of a warrant is necessary to ensure that the alleged offender will attend before a court to be dealt with under section 112AD for the alleged contravention.
"(2) The court may issue a warrant authorising a person to whom it is addressed to arrest the alleged offender.
"(3) A warrant stops being in force:
(a) if a date not later than 6 months after the issue of the warrant is specified in the warrant as the date when it stops being in force - on that date; or
(b) otherwise - 6 months after the issue of the warrant.


"Subdivision D - Dealing with people who have been arrested
Situation to which Subdivision applies
"65R.(1) This Subdivision applies if a person:
(a) is arrested under a warrant issued under subsection 65Q(2); or
(b) is arrested without warrant under a recovery order.
"(2) In this Subdivision:
'alleged contravention' means the alleged contravention because of which the alleged offender is arrested;
'alleged offender' means the person who is arrested;
'arresting person' means the person who arrests the alleged offender.
Arrested person to be brought before a court
"65S.(1) The arresting person must:
(a) ensure that the alleged offender is brought before a court having jurisdiction under this Part before the end of the holding period applicable under subsection (4); and
(b) take all reasonable steps to ensure that, before the alleged offender is brought before a court, the person who applied for the warrant or recovery order is aware:
(i) that the alleged offender has been arrested; and
(ii) of the court before which the alleged offender is to be
brought.
"(2) The alleged offender must not be released before the end of the holding period except under an order of a court having jurisdiction under this Part.
"(3) This section does not authorise the holding in custody of the alleged offender after the end of the holding period.
"(4) The holding period is:
(a) if a Saturday, Sunday or public holiday starts within 24 hours after the arrest of the alleged offender - the longer of the following periods:
(i) the period starting with the arrest and ending 48 hours later;
(ii) the period starting with the arrest and ending at the end of
the next day after the day of the arrest that is not a Saturday, Sunday or public holiday; or
(b) in any other case - the period starting with the arrest and ending 24 hours later.
Obligation of court - where application before it to deal with contravention
"65T.(1) This section applies if:
(a) the alleged offender is brought before a court under section 65S; and
(b) there is an application before the court for the alleged offender to be dealt with under section 112AD for the alleged contravention.
"(2) The court must, without delay, proceed to hear and determine the application.
Obligation of court - where no application before it, but application before another court, to deal with contravention
"65U.(1) This section applies if:
(a) the alleged offender is brought before a court under section 65S; and
(b) there is no application, or no longer any application, before the court for the alleged offender to be dealt with under section 112AD for the alleged contravention; and
(c) the court is aware that there is an application before another court for the alleged offender to be dealt with under section 112AD for the alleged contravention.
"(2) The court must, without delay:
(a) order that the alleged offender is to be released from custody on his or her entering into a recognizance (with or without surety or security) that he or she will attend before the other court on a date, at a time and at a place specified by the court; or
(b) order the arresting person to arrange for the alleged offender to be brought before the other court on such date and at such time as the court specifies, being a date and time such that the alleged offender is to be brought before the other court as soon as practicable, and in any event not more than 72 hours, after the order is made.
"(3) If a court makes an order under paragraph (2)(b) for the alleged offender to be brought before another court:

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(a) subject to paragraph (c), the alleged offender may be kept in custody until he or she is brought before the other court; and
(b) if the alleged offender is brought before the other court as required by the order, the other court must, without delay, proceed to hear and determine the application mentioned in paragraph (1)(c); and
(c) if the alleged offender is not brought before the other court as required by the order, he or she must be released without delay.
Obligation of court - where no application before any court to deal with contravention
"65V.(1) This section applies if:
(a) the alleged offender is brought before a court under section 65S; and
(b) there is no application, or no longer any application, before the court for the alleged offender to be dealt with under section 112AD for the alleged contravention; and
(c) so far as the court is aware, there is no application, or no longer any application, before any other court for the alleged offender to be dealt with under section 112AD for the alleged contravention.
"(2) The court must, without delay, order the release of the alleged offender.
Applications heard as required by subsection 65T(2) or paragraph 65U(3)(b)
"65W.(1) If a court hearing an application as required by subsection 65T(2) or paragraph 65U(3)(b) adjourns the hearing, the court must:
(a) order the alleged offender to be kept in such custody as the court considers appropriate during the adjournment; or
(b) order that the alleged offender is to be released from custody, either on his or her entering into a recognizance (with or without surety or security) that he or she will attend before the court on the resumption of the hearing or otherwise.
"(2) This section does not authorise the holding in custody of the alleged offender during an adjournment of proceedings that:
(a) is expressed to be for a period of more than 24 hours; or
(b) continues for more than 24 hours.


"Subdivision E - Obligations under parenting orders relating
to taking or sending children from Australia
Interpretation
"65X.(1) In this Subdivision:
'captain', in relation to an aircraft or vessel, means the person in charge or command of the aircraft or vessel;
'care order' means a specific issues order under which a person is responsible for a child's long-term or day-to-day care, welfare and development;
'child' means a person who is under 18;
'pending' has a meaning affected by subsection (2).
"(2) For the purposes of this Subdivision, if an appeal against a decision of a court in proceedings has been instituted and is pending, the proceedings are taken to be pending and sections 65Z and 65ZB (rather than sections 65Y and 65ZA) apply.
Obligations if residence order, contact order or care order has been made
"65Y.(1) If a residence order, a contact order or a care order (the 'Part VII order') is in force, a person who was a party to the proceedings in which the order was made, or a person who is acting on behalf of, or at the request of, a party, must not, intentionally or recklessly, take or send, or attempt to take or send, the child concerned from Australia to a place outside Australia except as permitted by subsection (2).
Penalty: Imprisonment for 3 years.
"(2) Subsection (1) does not prohibit taking or sending, or attempting to take or send, the child from Australia to a place outside Australia if:
(a) it is done with the consent in writing (authenticated as prescribed) of each person in whose favour the Part VII order was made; or
(b) it is done in accordance with an order of a court made, under this Part or under a law of a State or Territory, at the time of, or after, the making of the Part VII order.
Obligations if proceedings for the making of residence order, contact order or care order are pending
"65Z.(1) If proceedings (the 'Part VII proceedings') for the making of a residence order, a contact order or a care order are pending, a person who is a party to the proceedings, or who is acting on behalf of, or at the request of, a party, must not, intentionally or recklessly, take or send, or attempt to take or send, the child concerned from Australia to a place outside Australia except as mentioned in subsection (2).
Penalty: Imprisonment for 3 years.
"(2) Subsection (1) does not prohibit taking or sending, or attempting to take or send, the child from Australia to a place outside Australia if:
(a) it is done with the consent in writing (authenticated as prescribed) of each other party to the Part VII proceedings; or
(b) it is done in accordance with an order of a court made, under this Part or under a law of a State or Territory, after the institution of the Part VII proceedings.
Obligations of owners etc. of aircraft and vessels if residence order, contact

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order or care order made
"65ZA.(1) This section applies if:
(a) a residence order, a contact order or a care order (the 'Part VII order') is in force; and
(b) a person in whose favour the Part VII order was made has served on the captain, owner or charterer of an aircraft or vessel a statutory declaration made by the person not earlier than 7 days before the date of service that:
(i) relates to the order; and
(ii) complies with subsection (4).
"(2) The person on whom the declaration is served must not, intentionally or recklessly and without reasonable excuse, permit the child identified in the declaration to leave a port or place in Australia in the aircraft or vessel for a destination outside Australia except as permitted by subsection (3).
Penalty: 60 penalty units.
"(3) Subsection (2) does not prohibit permitting the child to leave Australia in the aircraft or vessel if:
(a) the child leaves in the company, or with the consent in writing (authenticated as prescribed), of the person who made the statutory declaration; or
(b) the child leaves in accordance with an order of a court made, under this Part or under a law of a State or Territory, at the time of, or after, the making of the Part VII order.
"(4) The statutory declaration must contain:
(a) full particulars of the Part VII order, including:
(i) the full name and the date of birth of the child to whom the
order relates; and
(ii) the full names of the parties to the proceedings in which the
order was made; and
(iii) the terms of the order; and
(b) such other matters (if any) as are prescribed.
Obligations of owners etc. of aircraft and vessels if proceedings for the making of residence order, contact order or care order are pending
"65ZB.(1) This section applies if:
(a) proceedings (the 'Part VII proceedings') for the making of a residence order, a contact order or a care order are pending; and
(b) a party to the proceedings has served on the captain, owner or charterer of a vessel a statutory declaration made by the party not earlier than 7 days before the date of service that:
(i) relates to the proceedings; and
(ii) complies with subsection (4).
"(2) The person on whom the declaration is served must not, intentionally or recklessly and without reasonable excuse, permit the child identified in the declaration to leave a port or place in Australia in the aircraft or vessel for a destination outside Australia except as permitted by subsection (3).
Penalty: 60 penalty units.
"(3) Subsection (2) does not prohibit permitting the child to leave Australia in the aircraft or vessel if:
(a) the child leaves in the company, or with the consent in writing (authenticated as prescribed), of the party who made the statutory declaration; or
(b) in accordance with an order of a court made, under this Part or under a law of a State or Territory, after the institution of the Part VII proceedings.
"(4) The statutory declaration must contain:
(a) full particulars of the Part VII proceedings, including:
(i) the full name and the date of birth of the child to whom the
proceedings relate; and
(ii) the full names of the parties to the proceedings; and
(iii) the name of the court, the nature of the proceedings and the
date of institution of the proceedings; and
(iv) if an appeal has been instituted in the proceedings - the name
of the court in which the appeal was instituted and the date on which it was instituted; and
(b) a statement that the Part VII proceedings are pending at the date of the declaration; and
(c) such other matters (if any) as are prescribed.
General provisions applicable to sections 65ZA and 65ZB
"65ZC.(1) A declaration under section 65ZA or 65ZB may be served on the owner or charterer of an aircraft or vessel, or on the agent of the owner of an aircraft or vessel, by sending the declaration by registered post addressed to the owner, charterer or agent at the principal place of business of the owner, charterer or agent.
"(2) The captain, owner or charterer of an aircraft or vessel, or the agent of the owner of an aircraft or vessel, is not liable in any civil or criminal proceedings in respect of anything done in good faith for the purpose of complying with section 65ZA or 65ZB.
"(3) If an act or omission by a person that constitutes an offence against subsection 65ZA(2) or 65ZB(2) is also an offence against any other law, the person may be prosecuted and convicted under that other law, but nothing in this subsection makes a person liable to be punished twice in respect of the
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same act or omission.
State or Territory laws stopping children leaving Australia not affected
"65ZD. Nothing in this Subdivision prevents or restricts the operation of any law of a State or Territory under which:
(a) action may be taken to prevent a child from leaving Australia or being taken or sent outside Australia; or
(b) a person may be punished in respect of the taking or sending of a child outside Australia.


"Division 7 - Child maintenance orders
"Subdivision A - What this Division does
What this Division does
"66A. This Division:
(a) contains statements of objects and principles relevant to the making of child maintenance orders (Subdivision B); and
(b) deals with the relationship between this Division and the Child Support (Assessment) Act 1989 (Subdivision C); and
(c) deals with applying for and making child maintenance orders (Subdivision D); and
(d) deals with other aspects of courts' powers in relation to child maintenance orders (Subdivision E); and
(e) deals with when child maintenance orders stop being in force (Subdivision F).


"Subdivision B - Objects and principles
Objects
"66B.(1) The principal object of this Division is to ensure that children receive a proper level of financial support from their parents.
"(2) Particular objects of this Division include ensuring:
(a) that children have their proper needs met from reasonable and adequate shares in the income, earning capacity, property and financial resources of both of their parents; and
(b) that parents share equitably in the support of their children.
Principles - parents have primary duty to maintain
"66C.(1) The parents of a child have, subject to this Division, the primary duty to maintain the child.
"(2) Without limiting the generality of subsection (1), the duty of a parent to maintain a child:
(a) is not of lower priority than the duty of the parent to maintain any other child or another person; and
(b) has priority over all commitments of the parent other than commitments necessary to enable the parent to support:
(i) himself or herself; or
(ii) any other child or another person that the parent has a duty
to maintain; and
(c) is not affected by:
(i) the duty of any other person to maintain the child; or
(ii) any entitlement of the child or another person to an income
tested pension, allowance or benefit.
Principles - when step-parents have a duty to maintain
"66D.(1) The step-parent of a child has, subject to this Division, the duty of maintaining a child if, and only if, a court, by order under section 66M, determines that it is proper for the step-parent to have that duty.
"(2) Any duty of a step-parent to maintain a step-child:
(a) is a secondary duty subject to the primary duty of the parents of the child to maintain the child; and
(b) does not derogate from the primary duty of the parents to maintain the child.


"Subdivision C - Relationship with Child Support (Assessment) Act
Child maintenance order not to be made etc. if application for administrative assessment of child support could be made
"66E.(1) A court having jurisdiction under this Part must not, at any time, make, revive or vary a child maintenance order in relation to a child on the application of a person (the 'applicant') against, or in favour of, a person (the 'respondent') if an application could properly be made, at that time, under the Child Support (Assessment) Act 1989 for administrative assessment of child support (within the meaning of that Act):
(a) by the applicant seeking payment of child support for the child from the respondent; or
(b) by the respondent seeking payment of child support for the child from the applicant.
"(2) Subsection (1) has effect whether or not an application for administrative assessment of child support for the child has in fact been made (whether by the applicant, the respondent or another person).


"Subdivision D - Applying for and making child maintenance orders
Who may apply for a child maintenance order
"66F.(1) Unless subsection (2) applies, a child maintenance order in relation to a child may be applied for by:

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(a) either or both of the child's parents; or
(b) the child; or
(c) any other person concerned with the care, welfare or development of the child.
"(2) A child maintenance order in relation to a child who is under the guardianship, or in the care (however described), of a person under a child welfare law may only be applied for by:
(a) the child; or
(b) a parent of the child who has the daily care of the child; or
(c) a relative of the child who has the daily care of the child; or
(d) a child welfare officer of the relevant State or Territory.
Court's power to make child maintenance order
"66G. In proceedings for a child maintenance order, the court may, subject to this Division, make such child maintenance order as it thinks proper.
Approach to be taken in proceedings for child maintenance order "66H. In proceedings for the making of a child maintenance order in relation to a child, the court must:
(a) consider the financial support necessary for the maintenance of the child (this is expanded on in section 66J); and
(b) determine the financial contribution, or respective financial contributions, towards the financial support necessary for the maintenance of the child, that should be made by a party, or by parties, to the proceedings (this is expanded on in section 66K).
Matters to be taken into account in considering financial support necessary for maintenance of child
"66J.(1) In considering the financial support necessary for the maintenance of a child, the court must take into account these (and no other) matters:
(a) the matters mentioned in section 66B; and
(b) the proper needs of the child (this is expanded on in subsection (2)); and
(c) the income, earning capacity, property and financial resources of the child (this is expanded on in subsection (3)).
"(2) In taking into account the proper needs of the child the court:
(a) must have regard to:
(i) the age of the child; and
(ii) the manner in which the child is being, and in which the
parents expected the child to be, educated or trained; and
(iii) any special needs of the child; and
(b) may have regard, to the extent to which the court considers appropriate in the circumstances of the case, to any relevant findings of published research in relation to the maintenance of children.
"(3) In taking into account the income, earning capacity, property and financial resources of the child, the court must:
(a) have regard to the capacity of the child to earn or derive income, including any assets of, under the control of or held for the benefit of the child that do not produce, but are capable of producing, income; and
(b) disregard:
(i) the income, earning capacity, property and financial resources
of any other person unless, in the special circumstances of the case, the court considers it appropriate to have regard to them; and
(ii) any entitlement of the child or any other person to an income
tested pension, allowance or benefit.
"(4) Subsections (2) and (3) do not limit, by implication, the matters to which the court may have regard in taking into account the matters referred to in subsection (1).
Matters to be taken into account in determining contribution that should be made by party etc.
"66K.(1) In determining the financial contribution, or respective financial contributions, towards the financial support necessary for the maintenance of a child that should be made by a party, or by parties, to the proceedings, the court must take into account these (and no other) matters:
(a) the matters mentioned in sections 66B, 66C and 66D; and
(b) the income, earning capacity, property and financial resources of the party or each of those parties (this is expanded on in subsection (2)); and
(c) the commitments of the party, or each of those parties, that are necessary to enable the party to support:
(i) himself or herself; or
(ii) any other child or another person that the person has a duty
to maintain; and
(d) the direct and indirect costs incurred by the parent or other person with whom the child lives in providing care for the child (this is expanded on in subsection (3)); and
(e) any special circumstances which, if not taken into account in the particular case, would result in injustice or undue hardship to any person.
"(2) In taking into account the income, earning capacity, property and financial resources of a party to the proceedings, the court must have regard to the capacity of the party to earn and derive income, including any assets of, under the control of or held for the benefit of the party that do not produce, but are capable of producing, income.
"(3) In taking into account the direct and indirect costs incurred by the
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parent or other person with whom the child lives in providing care for the child, the court must have regard to the income and earning capacity forgone by the parent or other person in providing that care.
"(4) In determining the financial contribution, or respective financial contributions, that should be made by a party, or by parties, to the proceedings, the court must disregard:
(a) any entitlement of the child, or the person with whom the child lives, to an income tested pension, allowance or benefit; and
(b) the income, earning capacity, property and financial resources of any person who does not have a duty to maintain the child, or has such a duty but is not a party to the proceedings, unless, in the special circumstances of the case, the court considers it appropriate to have regard to them.
"(5) In determining the financial contribution, or respective financial contributions, that should be made by a party, or by parties, to the proceedings, the court must consider the capacity of the party, or each of those parties, to provide maintenance by way of periodic payments before considering the capacity of the party, or each of those parties, to provide maintenance:
(a) by way of lump sum payment; or
(b) by way of transfer or settlement of property; or
(c) in any other way.
"(6) Subsections (2) to (5) do not limit, by implication, the matters to which the court may have regard in taking into account the matters referred to in subsection (1).
Children who are 18 or over
"66L.(1) A court must not make a child maintenance order in relation to a child who is 18 or over unless the court is satisfied that the provision of the maintenance is necessary:
(a) to enable the child to complete his or her education; or
(b) because of a mental or physical disability of the child.
"(2) A court must not make a child maintenance order in relation to a child that extends beyond the day on which the child will turn 18 unless the court is satisfied that the provision of the maintenance beyond that day is necessary:
(a) to enable the child to complete his or her education; or
(b) because of a mental or physical disability of the child.
"(3) A child maintenance order in relation to a child stops being in force when the child turns 18 unless the order is expressed to continue in force after then.
When step-parents have a duty to maintain
"66M.(1) Section 66D deals with when a step-parent of a child has a duty of maintaining the child. One of the circumstances in which the step-parent has that duty is if there is an order in force under this section.
"(2) A court having jurisdiction under this Part may, by order, determine that it is proper for a step-parent to have a duty of maintaining a step-child.
"(3) In making an order under subsection (2), the court must have regard to these (and no other) matters:
(a) the matters referred to in sections 60F, 66B and 66C; and
(b) the length and circumstances of the marriage to the relevant parent of the child; and
(c) the relationship that has existed between the step-parent and the child; and
(d) the arrangements that have existed for the maintenance of the child; and
(e) any special circumstances which, if not taken into account in the particular case, would result in injustice or undue hardship to any person.
Determining financial contribution of step-parent
"66N. In determining the financial contribution towards the financial support necessary for the maintenance of the child that should be made by a party to the proceedings who is a step-parent of the child, the court must take into account:
(a) the matters referred to in sections 60F, 66B, 66C, 66D and 66K; and
(b) the extent to which the primary duty of the parents to maintain the child is being, and can be fulfilled.


"Subdivision E - Other aspects of courts' powers
General powers of court
"66P.(1) In proceedings for a child maintenance order, a court may do all or any of the following:
(a) order payment of a lump sum, whether in one amount or by instalments;
(b) order payment of a weekly, monthly, yearly or other periodic amount;
(c) order that a specified transfer or settlement of property be made by way of maintenance for a child;
(d) order that payment of an amount ordered to be paid be wholly or partly secured as the court specifies;
(e) order that any necessary instrument be executed, and that such documents of title be produced and such other things be done, as are necessary to enable an order to be carried out effectively or to provide security for the due performance of an order;

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(f) order that payment be made to a specified person or public authority or into court;
(g) make a permanent order, an order pending the disposal of proceedings, an order for a fixed period, an order until a child attains a specified age or an order until further order;
(h) make an order imposing terms and conditions;
(i) make an order by consent;
(j) make any other order (whether or not of the same nature as those referred to in paragraphs (a) to (i)) that it considers appropriate;
(k) make an order under this Division at any time.
"(2) The making of an order of a kind referred to in paragraph (1)(c), or of any other order under this Division, in relation to the maintenance of a child does not prevent a court from making a subsequent order in relation to the maintenance of the child.
"(3) The Rules of Court may make provision with respect to the making of orders under this Division (whether as to their form or otherwise) for the purpose of facilitating their enforcement and the collection of maintenance payable under them.
Urgent child maintenance orders
"66Q. If, in proceedings for a child maintenance order in relation to a child:
(a) the court considers that the child is in immediate need of financial assistance; but
(b) it is not practicable in the circumstances to determine immediately what order (if any) should be made;
the court may order the payment, pending the disposal of the proceedings, of such periodic or other amount as the court considers appropriate.
Specification in orders of payments etc. for child maintenance purposes
"66R.(1) If:
(a) a court makes an order under this Act (whether or not the order is made in proceedings in relation to the maintenance of a child, is made by consent or varies an earlier order) that has the effect of requiring:
(i) payment of a lump sum, whether in one amount or by instalments;
or
(ii) the transfer or settlement of property; and
(b) the purpose, or one of the purposes, of the payment, transfer or settlement is to make provision for the maintenance of a child or children;
the court must:
(c) express the order to be an order to which this section applies; and
(d) specify:
(i) the child or children for whose maintenance provision is made
by the payment, transfer or settlement; and
(ii) the portion of the payment, or the value of the portion of the
property, attributable to the provision of maintenance for the child or each child, as the case may be.
"(2) If:
(a) a court makes an order of a kind referred to in paragraph (1)(a); and
(b) the order:
(i) is not expressed to be an order to which this section applies;
or
(ii) is expressed to be an order to which this section applies, but
does not comply with paragraph (1)(d);
any payment, transfer or settlement of a kind referred to in paragraph (1)(a), that the order has the effect of requiring, is to be taken not to make provision for the maintenance of a child.
Modification of child maintenance orders
"66S.(1) This section applies if:
(a) there is in force an order (the 'first order'), for the maintenance of a child (whether or not made under this Act and whether made before or after the commencement of this section):
(i) made by a court; or
(ii) registered in a court under the Rules of Court; and
(b) a person (being someone who could apply for a child maintenance order in relation to the child) applies to the court for an order under this section in relation to the first order.
"(2) The court may, by order:
(a) discharge the first order if there is just cause for so doing; or
(b) suspend its operation wholly or in part and either until further order or until a fixed time or the happening of a future event; or
(c) if the operation of the order has been suspended under paragraph (b), revive its operation wholly or in part; or
(d) subject to subsection (3), vary the order:
(i) so as to increase or decrease any amount ordered to be paid by
the order; or
(ii) in any other way.
"(3) The court must not vary the order so as to increase or decrease any amount ordered to be paid by the order unless it is satisfied:
(a) that, since the order was made or last varied:
(i) the circumstances of the child have changed so as to justify
the variation; or

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(ii) the circumstances of the person liable to make payments under
the order have changed so as to justify the variation; or
(iii) the circumstances of the person entitled to receive payments
under the order have changed so as to justify the variation; or
(iv) in the case of an order that operates in favour of, or is
binding on, a legal personal representative - the circumstances of the estate are such as to justify the variation; or
(b) that, since the order was made or last varied, the cost of living has changed to such an extent as to justify its so doing (this is expanded on in subsections (4) and (5)); or
(c) if the order was made by consent - that the amount ordered to be paid is not proper or adequate (this is expanded on in subsection (6)); or
(d) that material facts were withheld from the court that made the order or from a court that varied the order, or material evidence previously given before such a court was false.
"(4) In satisfying itself for the purposes of paragraph (3)(b), the court must have regard to any changes that have occurred in the Consumer Price Index published by the Australian Statistician.
"(5) The court must not, in considering the variation of an order, have regard to a change in the cost of living unless at least 12 months have elapsed since the order was made or last varied having regard to a change in the cost of living.
"(6) In satisfying itself for the purposes of paragraph (3)(c), the court must have regard to any payments, and any transfer or settlement of property, previously made to the child, or to any other person for the benefit of the child, by the person against whom the order was made.
"(7) An order decreasing a periodic amount payable under the order, or discharging the order, may be expressed to be retrospective to such day as the court considers appropriate.
"(8) If an order (the 'subsequent order') decreasing a periodic amount payable under the first order is expressed to be retrospective, amounts paid under the first order that are not payable under the first order as varied by the subsequent order may be recovered in a court having jurisdiction under this Part.
"(9) If an order discharging the first order is expressed to be retrospective to a specified day, amounts paid under the first order since the specified day may be recovered in a court having jurisdiction under this Part.
"(10) For the purposes of this section, the court must have regard to the provisions of Subdivisions B, C and D (to the extent applicable).
"(11) The discharge of the first order does not affect the recovery of arrears due under the order when the discharge takes effect.


"Subdivision F - When child maintenance orders stop being in force
Effect of child turning 18
"66T. As stated in subsection 66L(3), a child maintenance order in relation to a child stops being in force when the child turns 18, unless the order is expressed to continue in force after then.
Effect of death of child, person liable to pay or person entitled to receive
"66U.(1) A child maintenance order in relation to a child stops being in force on the death of the child.
"(2) A child maintenance order in relation to a child stops being in force on the death of the person liable to make payments under the order.
"(3) Subsection (2) does not apply to an order made before the commencement of section 38 of the Family Law Amendment Act 1983 if the order was expressed to continue in force throughout the life of the person for whose benefit the order was made or for a period that had not expired at the death of the person liable to make payments under the order and, in that case, the order is binding on the legal personal representative of the deceased person.
"(4) A child maintenance order in relation to a child stops being in force on the death of the person entitled to receive payments under the order.
"(5) Subsection (4) does not apply to an order if:
(a) the order is expressed to continue in force after the death of the person first entitled to receive payments under the order; and
(b) the order specifies the person who is to receive the payments after that death.
Effect of adoption, marriage or entering into a de facto relationship
"66V.(1) A child maintenance order in relation to a child stops being in force if the child is adopted, marries or enters into a de facto relationship.
"(2) If a child to whom a child maintenance order applies dies, is adopted, marries or enters into a de facto relationship, the person entitled to receive payments under the order must, without delay, inform the person liable to make payments under the order.
"(3) Any amounts paid under a child maintenance order in relation to a period after the child dies, is adopted, marries or enters into a de facto relationship may be recovered in a court having jurisdiction under this Part.
"(4) A court having jurisdiction under this Part may make a declaration to the effect that a child is in, or has entered into, a de facto relationship.
"(5) A declaration under subsection (4) has effect for the purposes of this

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Act but does not have effect for any other purpose (including, for example, other laws of the Commonwealth or laws of the States and Territories).
Subdivision does not affect recovery of arrears
"66W. Nothing in this Subdivision affects the recovery of arrears due under an order when the order ceased to be in force.


"Division 8 - Other matters relating to children
"Subdivision A - What this Division does
What this Division does
"67A. This Division deals with:
(a) the liability of a father to contribute towards child bearing expenses if he is not married to the child's mother (Subdivision B); and
(b) orders for the location and recovery of children (Subdivision C); and
(c) the reporting of allegations of child abuse (Subdivision D); and
(d) other orders about children (Subdivision E).


"Subdivision B - Father's liability to contribute towards
child bearing expenses if not married to mother
Father liable to contribute towards maintenance and expenses of mother
"67B. The father of a child who is not married to the child's mother is, subject to this Division, liable to make a proper contribution towards:
(a) the maintenance of the mother for the childbirth maintenance period in relation to the birth of the child; and
(b) the mother's reasonable medical expenses in relation to the pregnancy and birth; and
(c) if the mother dies and the death is as a result of the pregnancy or birth, the reasonable expenses of the mother's funeral; and
(d) if the child is stillborn, or dies and the death is related to the birth, the reasonable expenses of the child's funeral.
Matters to be taken into account in proceedings under Subdivision
"67C.(1) In proceedings under this Subdivision in relation to the birth of a child, the court must, in determining the contribution that should be made by the father of the child, take into account the following matters only:
(a) the income, earning capacity, property and financial resources of the mother and the father of the child;
(b) commitments of each of those persons that are necessary to enable the person to support:
(i) himself or herself; or
(ii) any other child or another person that the person has a duty
to maintain;
(c) any special circumstances which, if not taken into account in the particular case, would result in injustice or undue hardship to any person.
"(2) In taking into account the income, earning capacity, property and financial resources of a person, the court must have regard to the capacity of the person to earn and derive income, including any assets of, under the control of or held for the benefit of the person that do not produce, but are capable of producing, income.
"(3) In taking into account the income, earning capacity, property and financial resources of the mother, the court must disregard any entitlement of the mother to an income tested pension, allowance or benefit.
"(4) Subsections (2) and (3) do not limit the matters to which the court may have regard in taking into account matters referred to in subsection (1).
Powers of court in proceedings under Subdivision
"67D.(1) In proceedings under this Subdivision in relation to the birth of a child, the court may make such order as it thinks proper.
"(2) In exercising its powers under this Subdivision, a court may do all or any of the following:
(a) order payment of a lump sum, whether in one amount or by instalments;
(b) order payment of a weekly, monthly or other periodic amount;
(c) order that payment of an amount ordered to be paid be wholly or partly secured as the court specifies;
(d) order that any necessary instrument be executed, and that such documents of title be produced and such other things be done, as are necessary to enable an order to be carried out effectively or to provide security for the due performance of an order;
(e) order that payment be made to a specified person or public authority or into court;
(f) make a permanent order, an order pending the disposal of proceedings, an order for a fixed period or an order until further order;
(g) make an order imposing terms and conditions;
(h) make an order by consent;
(i) make any other order (whether or not of the same nature as those referred to in paragraphs (a) to (h)) that it considers appropriate;
(j) make an order under this Subdivision at any time (whether before or after the birth of the relevant child).
"(3) The Rules of Court may make provision with respect to the making of orders under this Subdivision (whether as to their form or otherwise) for the purpose of facilitating their enforcement and the collection of amounts payable under them.
Urgent orders

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"67E. If, in proceedings under this Subdivision in relation to the birth of a child:
(a) the court is of the opinion that the applicant is in immediate need of financial assistance; but
(b) it is not practicable in the circumstances to determine immediately what order (if any) should be made (whether because the applicant has not yet given birth to the child or otherwise);
the court may order the payment, pending the disposal of the proceedings, of such periodic or other amount as the court considers appropriate.
Who may institute proceedings
"67F. Proceedings under this Subdivision in relation to the birth of a child may be instituted by the mother or by the mother's legal personal representative.
Time limit for institution of proceedings
"67G.(1) Proceedings under this Subdivision in relation to the birth of a child may be instituted:
(a) at any time during the pregnancy of the mother; or
(b) after the birth of the child, but not later than 12 months after the birth except by leave of the court.
"(2) The court must not grant leave under paragraph (1)(b) unless it is satisfied that refusal to grant leave would cause hardship to the applicant, the child or another person.


"Subdivision C - Location and recovery of children
Interpretation
"67H. In this Subdivision:
'appropriate authority', in relation to a Commonwealth instrumentality, means a person:
(a) who in, or in relation to, the instrumentality:
(i) holds a Senior Executive Service office in the Australian
Public Service; or
(ii) holds an office or position that is at a level equivalent to a
Senior Executive Service office in the Australian Public Service; or
(b) who is authorised in writing by the principal officer of the instrumentality to provide information under Commonwealth information orders;
'Commonwealth information order' has the meaning given by subsection 67J(2);
'Department' means a Department of State of the Commonwealth;
'information about the child's location', in the context of a location order made or to be made by a court in relation to a child, means information about:
(a) where the child is; or
(b) where a person who the court has reasonable cause to believe has the child is;
'location order' has the meaning given by subsection 67J(1);
'principal officer', in relation to a Commonwealth instrumentality, means:
(a) if the regulations declare an office to be the principal office in respect of the instrumentality - the person holding, or performing the duties of, that office; or
(b) the person who constitutes the instrumentality or who is entitled to preside at any meeting of the instrumentality, or of its governing body, at which the person is present;
'recovery order' has the meaning given by section 67Q;
'Registrar' means:
(a) in relation to the Family Court, or the Family Court of Western Australia - the Registrar, or a Deputy Registrar, of that court; and
(b) in relation to any other court - the principal officer of that court.
Meaning of "location order" and "Commonwealth information order"
"67J.(1) A location order is an order made by a court requiring:
(a) a person to provide the Registrar of the court with information that the person has or obtains about the child's location; or
(b) the Secretary of a Department, or an appropriate authority of a Commonwealth instrumentality, to provide the Registrar of the court with information about the child's location that is contained in or comes into the records of the Department or instrumentality.
"(2) A Commonwealth information order is a location order described in paragraph (1)(b).
Who may apply for a location order
"67K. A location order in relation to a child may be applied for by:
(a) a person who has a residence order in relation to the child; or
(b) a person who has a contact order in relation to the child; or
(c) a person who has a specific issues order in relation to the child under which the person is responsible for the child's long-term or day-to-day care, welfare and development; or
(d) any other person concerned with the care, welfare or development of the child.
Child's best interests paramount consideration in making a location order
"67L. In deciding whether to make a location order in relation to a child, a court must regard the best interests of the child as the paramount consideration.

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Note: Division 10 deals with how a court determines a child's best interests.
Provisions about location orders, other than Commonwealth information orders
"67M.(1) This section applies to location orders other than Commonwealth information orders.
"(2) Subject to section 67L, a court having jurisdiction under this Part may make a location order if it is satisfied that the person to whom the order applies is likely to have information about the child's location.
"(3) If the person to whom a location order applies holds an office or position in, or in relation to, a Department or a Commonwealth instrumentality, the order does not apply to information that the person has or obtains because of holding that office or position.
"(4) A location order stays in force for 12 months or such longer period as the court considers appropriate.
"(5) While a location order is in force, the person to whom it applies must provide the information sought by the order as soon as practicable, or as soon as practicable after the person obtains it.
"(6) The person to whom a location order applies must comply with the order in spite of anything in any other law.
Provisions about Commonwealth information orders
"67N.(1) This section applies to Commonwealth information orders.
"(2) Subject to section 67L, a court having jurisdiction under this Part may make a Commonwealth information order if it is satisfied that information about the child's location is likely to be contained in, or to come into, the records of the Department or Commonwealth instrumentality concerned.
"(3) A court must not make a Commonwealth information order unless:
(a) a copy of the application for the order has been served in accordance with the Rules of Court on the person to whom the order will apply (being the Secretary of the Department concerned or an appropriate authority of the Commonwealth instrumentality concerned); and
(b) if that Department or Commonwealth instrumentality is prescribed for the purposes of this paragraph - either:
(i) the period of 7 days after service of that copy of the
application has expired; or
(ii) the court considers that there are special circumstances
because of which the order should be made before the end of that period of 7 days.
"(4) If an application for a Commonwealth information order relates to more than one Department or Commonwealth instrumentality, the court must not make the order in relation to more than one of them unless the court considers it should do so because of exceptional circumstances.
"(5) A court may state that a Commonwealth information order only applies to records of a particular kind if the court considers that:
(a) the information sought by the order is only likely to be contained in records of that kind; and
(b) to apply the order to all records of the Department or Commonwealth instrumentality concerned would place an unreasonable burden on its resources.
"(6) A Commonwealth information order stays in force for 12 months.
"(7) While a Commonwealth information order is in force, the person to whom the order applies must, subject to subsection (9), provide the information sought by the order as soon as practicable, or as soon as practicable after it comes into the records of the Department or Commonwealth instrumentality concerned.
"(8) If the person (the 'official') to whom a Commonwealth information order applies provides another person (in accordance with the order) with information sought by the order, the official must, at the same time, provide the other person with any information about actual or threatened violence to the child concerned, to a parent of the child, or to another person with whom the child lives, that is in the records of the Department or Commonwealth instrumentality concerned.
"(9) A Commonwealth information order does not require the records of the Department or Commonwealth instrumentality concerned to be searched for the information sought by the order more often than once every 3 months unless specifically so ordered by the court.
"(10) The person to whom a Commonwealth information order applies must comply with the order in spite of anything in any other law.


Information provided under location order not to be disclosed except to limited persons
"67P.(1) Information provided to the Registrar of a court under a location order (including a Commonwealth information order) must not, intentionally or recklessly, be disclosed by the Registrar, or by any other person who obtains the information (whether directly or indirectly and whether under this section or otherwise) because of the provision of the information to the Registrar, except to:
(a) the Registrar of another court; or
(b) an officer of the court, or of another court, for the purpose of that officer's responsibilities or duties; or
(c) a process-server engaged by, or by an officer of, the court or another court; or

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(d) with the leave of the court that made the location order:
(i) the legal adviser of the applicant for the order; or
(ii) a process-server engaged by that legal adviser; or
(e) if a recovery order that consists of or includes an authorisation or direction described in paragraph 67Q(b) or (c) is in force - a person to whom the authorisation or direction is addressed.
Penalty: 120 penalty units.
Note: For the value of a penalty unit, see subsection 4AA(1) of the Crimes Act 1914.
"(2) Nothing in paragraphs (1)(a) to (e) authorises the disclosure of information to the applicant for the location order.
Meaning of "recovery order"
"67Q. A recovery order is an order made by a court doing all or any of the following:
(a) requiring the return of a child to:
(i) a parent of the child; or
(ii) a person who has a residence order or a contact order in
relation to the child; or
(iii) a person who has a specific issues order in relation to the
child under which the person is responsible for the child's long-term or day-to-day care, welfare and development;
(b) authorising or directing a person or persons, with such assistance as he or she requires or they require, and if necessary by force, to stop and search any vehicle, vessel or aircraft, and to enter and search any premises or place, for the purpose of finding a child;
(c) authorising or directing a person or persons, with such assistance as he or she requires or they require, and if necessary by force, to recover a child;
(d) authorising or directing a person to whom a child is returned, or who recovers a child, to deliver the child to:
(i) a parent of the child; or
(ii) a person who has a residence order or a contact order in
relation to the child; or
(iii) a person who has a specific issues order in relation to the
child under which the person is responsible for the child's long-term or day-to-day care, welfare and development; or
(iv) some other person on behalf of a person described in
subparagraph (i), (ii) or (iii);
(e) giving directions about the day-to-day care of a child until the child is returned or delivered to another person;
(f) prohibiting a person from again removing or taking possession of a child;
(g) authorising the arrest, without warrant, of a person who again removes or takes possession of a child.
Note: Subdivision D of Division 6 deals with what is to happen to a person arrested without warrant under a recovery order.
How recovery orders authorise or direct people
"67R.(1) An authorisation or direction described in paragraph 67Q(b), (c) or (d) may be addressed to:
(a) a named person; or
(b) every person from time to time holding or acting in a specified office of the Commonwealth or of a State or Territory.
"(2) Without limiting the generality of subsection (1), an authorisation or direction described in paragraph 67Q(b), (c) or (d) may be addressed to:
(a) a named person who holds an appointment as a child recovery officer under subsection (3); or
(b) every person from time to time holding or acting in an office of child recovery officer.
"(3) The Attorney-General may appoint persons to be child recovery officers for the purposes of this Subdivision.
"(4) An appointment under subsection (3) may be of:
(a) a named person only; or
(b) every person from time to time holding or acting in a specified office of the Commonwealth or of a State or Territory.
How recovery orders to stop and search etc. name or describe vehicles, places etc.
"67S. An authorisation or direction described in paragraph 67Q(b) may be expressed to apply to:
(a) a vehicle, vessel, aircraft, premises or place named or described either specifically or in general terms; or
(b) any vehicle, vessel, aircraft, premises or place in which there is, at any time, reasonable cause to believe that the child concerned may be found.
Who may apply for a recovery order
"67T. A recovery order in relation to a child may be applied for by:
(a) a person who has a residence order in relation to the child; or
(b) a person who has a contact order in relation to the child; or
(c) a person who has a specific issues order in relation to the child under which the person is responsible for the child's long-term or day-to-day care, welfare and development; or
(d) any other person concerned with the care, welfare or development of the
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child.
Court's power to make recovery order
"67U. In proceedings for a recovery order, the court may, subject to section 67V, make such recovery order as it thinks proper.
Child's best interests paramount consideration in making a recovery order
"67V. In deciding whether to make a recovery order in relation to a child, a court must regard the best interests of the child as the paramount consideration.
Note: Division 10 deals with how a court determines a child's best interests.
How long recovery order remains in force
"67W.(1) The Rules of Court may deal with how long recovery orders remain in force.
"(2) Subject to the Rules of Court, a recovery order remains in force for the period specified in the order.


Persons not to prevent or hinder taking of action under recovery order
"67X.(1) This section applies to a recovery order that authorises or directs a person or persons to take action as described in paragraph 67Q(b), (c) or (d).
"(2) A person must not prevent or hinder the taking of the action by the person or persons authorised or directed to take the action.
"(3) If a court having jurisdiction under this Part is satisfied that a person has intentionally, and without reasonable excuse, contravened subsection (2), the court may:
(a) order the person to pay a fine not exceeding $1,000; or
(b) order the person to enter into a recognizance (with or without surety or security) on conditions specified by the court; or
(c) order the person to be imprisoned until he or she enters into a recognizance (with or without surety or security) on conditions specified by the court, or until the person has been imprisoned for 3 months, whichever happens first.
"(4) A court that makes an order under subsection (3) may make such other orders as it considers necessary to ensure the person does not again contravene subsection (2).
Obligation to notify persons of child's return
"67Y.(1) This section applies if:
(a) a recovery order that consists of or includes provisions described in paragraph 67Q(a), (b), (c) or (d) is in force in relation to a child; and
(b) the child returns, or is returned, to the person who applied for the order.
"(2) The person must, as soon as practicable after the child's return, give notice of the child's return to:
(a) the Registrar of the court that issued the recovery order; and
(b) if a location order in relation to the child is in force and was applied for by the person - the person to whom the location order applies.


"Subdivision D - Allegations of child abuse
Where party to proceedings makes allegation of child abuse
"67Z.(1) This section applies if a party to proceedings under this Act alleges that a child to whom the proceedings relate has been abused or is at risk of being abused.
"(2) The party must file a notice in the prescribed form in the court hearing the proceedings, and serve a true copy of the notice upon the person who is alleged to have abused the child or from whom the child is alleged to be at risk of abuse.
"(3) If a notice under subsection (2) is filed in a court, the Registrar must, as soon as practicable, notify a prescribed child welfare authority.
"(4) In this section:
'prescribed form' means the form prescribed by the Rules of Court;
'Registrar' means:
(a) in relation to the Family Court, or the Family Court of Western Australia - the Registrar, or a Deputy Registrar, of that Court; and
(b) in relation to any other court - the principal officer of that court.
Where member of the Court personnel, counsellor or mediator suspects child abuse etc.
"67ZA.(1) This section applies to a person in the course of carrying out duties, performing functions or exercising powers as:
(a) a member of the Court personnel; or
(b) a family and child counsellor; or
(c) a family and child mediator.
"(2) If the person has reasonable grounds for suspecting that a child has been abused, or is at risk of being abused, the person must, as soon as practicable, notify a prescribed child welfare authority of his or her suspicion and the basis for the suspicion.
"(3) If the person has reasonable grounds for suspecting that a child:
(a) has been ill treated, or is at risk of being ill treated; or
(b) has been exposed or subjected, or is at risk of being exposed or subjected, to behaviour which psychologically harms the child;
the person may notify a prescribed child welfare authority of his or her suspicion and the basis for the suspicion.

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"(4) The person need not notify a prescribed child welfare authority of his or her suspicion that a child has been abused, or is at risk of being abused, if the person knows that the authority has previously been notified about the abuse or risk under subsection (2) or subsection 67Z(3), but the person may notify the authority of his or her suspicion.
"(5) If notice under this section is given orally, written notice confirming the oral notice is to be given to the prescribed child welfare authority as soon as practicable after the oral notice.
"(6) If the person notifies a prescribed child welfare authority under this section or subsection 67Z(3), the person may make such disclosures of other information as the person reasonably believes are necessary to enable the authority to properly manage the matter the subject of the notification.
No liability for notification under section 67Z or 67ZA
"67ZB.(1) A person:
(a) must give notice under subsection 67Z(3) or 67ZA(2); or
(b) may give notice under subsection 67ZA(3) or (4); or
(c) may disclose other information under subsection 67ZA(6);
in spite of any obligation of confidentiality imposed on the person by this Act, another Act, another law or anything else (including a contract or professional ethics).
"(2) A person is not liable in civil or criminal proceedings, and is not to be considered to have breached any professional ethics, in respect of a notification under subsection 67Z(3) or 67ZA(2).
"(3) A person is not liable in civil or criminal proceedings, and is not to be considered to have breached any professional ethics, in respect of a notification under subsection 67ZA(3) or (4), or a disclosure under subsection 67ZA(6), if the notification or disclosure is made in good faith.
"(4) Evidence of a notification under subsection 67Z(3) or subsection 67ZA(2), (3) or (4), or a disclosure under subsection 67ZA(6), is not admissible in any court except where that evidence is given by the person who made the notification or disclosure.
"(5) In this section:
'court' means a court (whether or not exercising jurisdiction under this Act) and includes a tribunal or other body concerned with professional ethics.


"Subdivision E - Other orders about children
Orders relating to welfare of children
"67ZC.(1) In addition to the jurisdiction that a court has under this Part in relation to children, the court also has jurisdiction to make orders relating to the welfare of children.
"(2) In deciding whether to make an order under subsection (1) in relation to a child, a court must regard the best interests of the child as the paramount consideration.
Note: Division 10 deals with how a court determines a child's best interests.
Orders for delivery of passports
"67ZD. If a court having jurisdiction under this Part considers that there is a possibility or threat that a child may be removed from Australia, it may order the passport of the child and of any other person concerned to be delivered up to the court upon such conditions as the court considers appropriate.


"Division 9 - Injunctions
What this Division does
"68A. This Division deals with proceedings for injunctions in relation to children.
Injunctions
"68B.(1) If proceedings are instituted in a court having jurisdiction under this Part for an injunction in relation to a child, the court may make such order or grant such injunction as it considers appropriate for the welfare of the child, including:
(a) an injunction for the personal protection of the child; or
(b) an injunction for the personal protection of:
(i) a parent of the child; or
(ii) a person who has a residence order or a contact order in
relation to the child; or
(iii) a person who has a specific issues order in relation to the
child under which the person is responsible for the child's long-term or day-to-day care, welfare and development; or
(c) an injunction restraining a person from entering or remaining in:
(i) a place of residence, employment or education of the child; or
(ii) a specified area that contains a place of a kind referred to
in subparagraph (i); or
(d) an injunction restraining a person from entering or remaining in:
(i) a place of residence, employment or education of a person
referred to in paragraph (b); or
(ii) a specified area that contains a place of a kind referred to
in subparagraph (i).
"(2) A court exercising jurisdiction under this Act (other than in proceedings to which subsection (1) applies) may grant an injunction in relation to a child, by interlocutory order or otherwise, in any case in which

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it appears to the court to be just or convenient to do so.
"(3) An injunction under this section may be granted unconditionally or on such terms and conditions as the court considers appropriate.
Powers of arrest
"68C.(1) If:
(a) an injunction is in force under section 68B for the personal protection of a person (the 'protected person'); and
(b) a police officer believes, on reasonable grounds, that the person (the 'respondent') against whom the injunction is directed has breached the injunction by causing, or threatening to cause, bodily harm to the protected person or by harassing or molesting that person;
the police officer may arrest the respondent without warrant.
"(2) For the purposes of subsection (1), an injunction granted under section 68B is an injunction for the personal protection of a person if, and only if, it is expressed to be for the personal protection of the person.
"(3) Subsections 114AA(3), (4), (5) and (7) apply in relation to a person arrested under this section as if:
(a) the person had been arrested under subsection 114AA(1) because he or she was believed to have breached an injunction granted under section 114; and
(b) the person on whose application the injunction was granted under section 68B were the person on whose application the injunction under section 114 had been granted.


"Division 10 - The best interests of children and the
representation of children
"Subdivision A - What this Division does
What this Division does
"68D. This Division deals with:
(a) determining what is in a child's best interests (including in situations of family violence) (Subdivision B); and
(b) the separate representation of children (Subdivision C).


"Subdivision B - Determining the best interests of a child
Proceedings to which Subdivision applies
"68E.(1) This Subdivision applies to any proceedings under this Part in which the best interests of a child are the paramount consideration.
"(2) This Subdivision also applies to proceedings, in relation to a child, to which subsection 60G(2), 63F(2) or 63F(6) or section 68T applies.
How a court determines what is in a child's best interests
"68F.(1) Subject to subsection (3), in determining what is in the child's best interests, the court must consider the matters set out in subsection (2).
"(2) The court must consider:
(a) any wishes expressed by the child and any factors (such as the child's maturity or level of understanding) that the court thinks are relevant to the weight it should give to the child's wishes;
(b) the nature of the relationship of the child with each of the child's parents and with other persons;
(c) the likely effect of any changes in the child's circumstances, including the likely effect on the child of any separation from:
(i) either of his or her parents; or
(ii) any other child, or other person, with whom he or she has been
living;
(d) the practical difficulty and expense of a child having contact with a parent and whether that difficulty or expense will substantially affect the child's right to maintain personal relations and direct contact with both parents on a regular basis;
(e) the capacity of each parent, or of any other person, to provide for the needs of the child, including emotional and intellectual needs;
(f) the child's maturity, sex and background (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal peoples or Torres Strait Islanders) and any other characteristics of the child that the court thinks are relevant;
(g) the need to protect the child from physical or psychological harm caused, or that may be caused, by:
(i) being subjected or exposed to abuse, ill-treatment, violence or
other behaviour; or
(ii) being directly or indirectly exposed to abuse, ill-treatment,
violence or other behaviour that is directed towards, or may affect, another person;
(h) the attitude to the child, and to the responsibilities of parenthood, demonstrated by each of the child's parents;
(i) any family violence involving the child or a member of the child's family;
(j) any family violence order that applies to the child or a member of the child's family;
(k) whether it would be preferable to make the order that would be least likely to lead to the institution of further proceedings in relation to the child;
(l) any other fact or circumstance that the court thinks is relevant.

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"(3) If the court is considering whether to make an order with the consent of all the parties to the proceedings, the court may, but is not required to, have regard to all or any of the matters set out in subsection (2).
"(4) In paragraph (2)(f):
'Aboriginal peoples' means the peoples of the Aboriginal race of Australia;
'Torres Strait Islanders' means the descendants of the indigenous inhabitants of the Torres Strait Islands.
How the wishes of a child are expressed
"68G.(1) Paragraph 68F(2)(a) requires the court to consider any wishes expressed by a child in deciding whether to make a particular parenting order in relation to the child. This section deals with how the court informs itself of wishes expressed by a child.
"(2) The court may inform itself of wishes expressed by a child:
(a) by having regard to anything contained in a report given to the court under subsection 62G(2); or
(b) subject to the Rules of Court, by such other means as the court thinks appropriate.
Children not required to express wishes
"68H. Nothing in this Part permits the court or any person to require the child to express his or her wishes in relation to any matter.
Informing court of relevant family violence orders
"68J.(1) If a party to the proceedings is aware that a family violence order applies to the child, or a member of the child's family, that party must inform the court of the family violence order.
"(2) If a person who is not a party to the proceedings is aware that a family violence order applies to the child, or a member of the child's family, that person may, subject to the Rules of Court, inform the court of the family violence order.
"(3) Failure to inform the court of the family violence order does not affect the validity of any order made by the court.
Court to consider risk of family violence "68K.(1) In considering what order to make, the court must, to the extent that it is possible to do so consistently with the child's best interests being the paramount consideration, ensure that the order:
(a) is consistent with any family violence order; and
(b) does not expose a person to an unacceptable risk of family violence.
"(2) For the purposes of paragraph (1)(b) the court may include in the order any safeguards that it considers necessary for the safety of those affected by the order.


"Subdivision C - Separate representation of children
Court orders for separate representation
"68L.(1) This section applies to proceedings under this Act in which a child's best interests are, or a child's welfare is, the paramount, or a relevant, consideration.
"(2) If it appears to the court that the child ought to be separately represented, the court may order that the child is to be separately represented, and may also make such other orders as it considers necessary to secure that separate representation.
"(3) A court may make an order for separate representation:
(a) on its own initiative; or
(b) on the application of:
(i) the child; or
(ii) an organisation concerned with the welfare of children; or
(iii) any other person.
Order that child be made available for examination
"68M.(1) This section applies if, in proceedings under this Act, a child is separately represented by a person (the 'child's representative') under an order under section 68L.
"(2) The court may, on application by the child's representative, order a person mentioned in subsection (3) to make the child available, as specified in the order, for a psychiatric or psychological examination to be made for the purpose of preparing a report about the child for use by the child's representative in connection with the proceedings.
"(3) The order may be directed to:
(a) a parent of the child; or
(b) a person who has a residence order or a contact order in relation to the child; or
(c) a person who has a specific issues order in relation to the child under which the person is responsible for the child's long-term or day-to-day care, welfare and development.


"Division 11 - Family violence
What this Division does
"68N. This Division deals with the relationship between Division 11 contact orders (as defined in section 68P) and family violence orders.
Note: Other provisions dealing with family violence and family violence orders are:
(a) section 60D (which contains the relevant definitions); and
(b) paragraphs 65F(2)(b) and 68F(2)(i) and (j); and

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(c) sections 68J and 68K.
Interpretation
"68P. In this Division:
'Division 11 contact order' means:
(a) a contact order; or
(b) any of the following, to the extent that it requires or authorises (expressly or impliedly) contact between a child and another person or other persons:
(i) a recovery order, a specific issues order or any other order
(however described) made under this Act;
(ii) an injunction granted under section 68B or 114;
(iii) an undertaking given to, and accepted by, a court exercising
jurisdiction under this Act;
(iv) a parenting plan registered in a court under section 63E;
(v) a recognizance entered into pursuant to an order under this
Act;
'section 68R contact order' means:
(a) a contact order; or
(b) any of the following, to the extent that it requires or authorises (expressly or impliedly) contact between a child and another person or other persons:
(i) a recovery order, a specific issues order or any other order
(however described) made under this Act;
(ii) an injunction granted under section 68B or 114.
Purposes of Division
"68Q. The purposes of this Division are:
(a) to resolve inconsistencies between Division 11 contact orders and family violence orders; and
(b) to ensure that Division 11 contact orders do not expose people to family violence; and
(c) to respect the right of a child to have contact, on a regular basis, with both the child's parents where:
(i) contact is diminished by the making or variation of a family
violence order; and
(ii) it is in the best interests of the child to have contact with
both parents on a regular basis.
Provisions about making an order for contact that is inconsistent with a family violence order
"68R.(1) This section applies if a court makes a section 68R contact order that is inconsistent with a family violence order.
"(2) The court must explain, or arrange for someone else to explain, the order in accordance with subsection (3) to:
(a) the applicant and the respondent in the proceedings for the section 68R contact order; and (b) if the person against whom the family violence order is directed is not covered by paragraph (a) - that person; and
(c) if the person protected by the family violence order is not covered by paragraph (a) - that person.
"(3) An explanation under subsection (2) must explain, in language likely to be readily understood by the person to whom the explanation is given:
(a) the purpose of the section 68R contact order; and
(b) the obligations that the order creates; and
(c) the consequences that may follow if a person fails to comply with the order; and
(d) the court's reasons for making an order that is inconsistent with a family violence order; and
(e) the circumstances in which a person may apply for the order to be revoked or varied.
"(4) In addition to the requirements mentioned in subsection (3), the court must:
(a) include in the section 68R contact order a detailed explanation of how the contact provided for in the order is to take place; and
(b) as soon as practicable, but not later than 14 days after making the section 68R contact order, give a copy of that order to:
(i) the applicant and the respondent in the proceedings for the
section 68R contact order; and
(ii) if the person against whom the family violence order is
directed is not covered by subparagraph (i) - that person; and
(iii) if the person protected by the family violence order is not
covered by subparagraph (i) - that person; and
(iv) the Registrar of the court that made or last varied the family
violence order; and
(v) the Commissioner or head (however described) of the police
force of the State or Territory in which the person protected by the family violence order resides.
"(5) Failure to comply with a requirement of this section does not affect the validity of a section 68R contact order.
Section 68R contact orders prevail over inconsistent family violence orders
"68S.(1) If a section 68R contact order is inconsistent with a family violence order, the section 68R contact order prevails and the family violence order is invalid to the extent of the inconsistency.

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"(2) Any of the following persons may apply to a court having jurisdiction under this Part for a declaration of the extent to which a section 68R contact order is inconsistent with a family violence order:
(a) the applicant and the respondent in the proceedings for the section 68R contact order;
(b) if the person against whom the family violence order is directed is not covered by paragraph (a) - that person;
(c) if the person protected by the family violence order is not covered by paragraph (a) - that person.
"(3) The court to which an application for a declaration is made must hear and determine the application and make such declaration as it considers appropriate.
Variation etc. of Division 11 contact order by court making etc. family violence order
"68T.(1) If proceedings (the 'family violence proceedings') for the making or variation of a family violence order are before a court of a State or Territory that has jurisdiction in relation to matters arising under this Part, the court may, subject to this section, exercise that jurisdiction, in the course of the family violence proceedings, to make, revive, vary, discharge or suspend a Division 11 contact order.
"(2) The court's power to make, revive, vary, suspend or discharge a Division 11 contact order in the family violence proceedings is subject to the following provisions:
(a) the court must not exercise that power unless, whether by interim order or otherwise, it makes or varies a family violence order in those proceedings;
(b) the court must exercise that power having regard to the purposes of this Division (as stated in section 68Q) and to the best interests of any relevant child;
(c) if section 68R applied to the making of a Division 11 contact order - the court must not exercise the power to vary, discharge or suspend the order unless it is satisfied that it is appropriate to do so:
(i) because a person has been exposed, or is likely to be exposed,
to family violence as a result of the operation of the order; and
(ii) having regard to the matters mentioned in paragraph (b);
(d) if the court makes an interim family violence order, or an interim order varying a family violence order, the court must not discharge a Division 11 contact order in those proceedings.
Note: Division 10 deals with how a court determines a child's best interests.
"(3) This Part, and the Rules of Court, apply to the making, revival, variation, discharge or suspension of a Division 11 contact order in the family violence proceedings subject to the following qualifications:
(a) the following provisions do not apply:
(i) sections 65C, 68K and 69N and subsection 65F(2);
(ii) any provisions (for example, section 65E) that would otherwise
make the best interests of a child the paramount consideration;
(iii) any other prescribed provisions;
(b) if the court makes an interim family violence order, or an interim order varying a family violence order, then, in addition to the effect of paragraph (a):
(i) the court has a discretion whether to apply paragraph
68F(2)(a); and
(ii) any other prescribed provisions do not apply;
(c) the court may dispense with such Rules of Court as it thinks appropriate.
Note: Because of subparagraph (3)(a)(ii), the best interests of a child are not the paramount consideration. They must, however, still be taken into account as required by paragraphs (2)(b) and (c).
"(4) The court may (subject to this section) make, revive, vary, discharge or suspend a Division 11 contact order in the family violence proceedings:
(a) on its own initiative; or
(b) on application by any person.
"(5) If, in the family violence proceedings:
(a) the court makes an interim family violence order, or an interim order varying a family violence order (the 'interim order'); and
(b) the court makes, revives, varies or suspends a Division 11 contact order;
the following provisions apply:
(c) the Division 11 contact order made, or the revival, variation or suspension of the Division 11 contact order, as the case may be, does not have effect at a time that is after whichever of the following occurs first:
(i) the interim order stops being in force;
(ii) the end of the period of 21 days starting when the interim
order was made;
(d) no appeal lies in relation to the making, revival, variation or suspension of the Division 11 contact order.
"(6) The regulations may require a copy of the court's decision to make, revive, vary, discharge or suspend a Division 11 contact order to be registered in accordance with the regulations. Failure to comply with such a requirement of the regulations does not affect the validity of the court's
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decision.


"Division 12 - Proceedings and jurisdiction
"Subdivision A - What this Division does
What this Division does
"69A. This Division deals with:
(a) the institution of proceedings and procedure (Subdivision B); and
(b) jurisdiction of courts (Subdivision C); and
(c) presumptions of parentage (Subdivision D); and
(d) parentage evidence (Subdivision E); and
(e) the places and people to which this Part extends and applies (Subdivision F).


"Subdivision B - Institution of proceedings and procedure
Certain proceedings to be instituted only under this Part
"69B.(1) Proceedings that may be instituted under this Part must not, after the commencement of this section, be instituted otherwise than under this Part.
"(2) Subsection (1) does not apply in relation to the institution of proceedings under the Child Support (Assessment) Act 1989.
Who may institute proceedings
"69C.(1) Sections 65C, 66F, 67F, 67K and 67T and subsection 68T(4) are express provisions dealing with who may institute particular kinds of proceedings in relation to children.
"(2) Any other kind of proceedings under this Act in relation to a child may, unless a contrary intention appears, be instituted by:
(a) either or both of the child's parents; or
(b) the child; or
(c) a grandparent of the child; or
(d) any other person concerned with the care, welfare or development of the child.
Institution of maintenance proceedings by authorised authority or person
"69D.(1) The regulations may make provision with respect to authorising:
(a) a specified authority of the Commonwealth or of a State or Territory; or
(b) the person from time to time holding or acting in a specified office established under a law of the Commonwealth or of a State or Territory;
to institute and conduct, on behalf of a child, in the authority's or person's discretion, proceedings with respect to the maintenance of the child.
"(2) Proceedings instituted on behalf of a child under regulations covered by subsection (1) are taken, for the purposes of section 69C and the provisions referred to in it, to have been instituted by the child.
Child or parent to be present in Australia etc.
"69E.(1) Proceedings may be instituted under this Act in relation to a child only if:
(a) the child is present in Australia on the relevant day (as defined in subsection (2)); or
(b) the child is an Australian citizen, or is ordinarily resident in Australia, on the relevant day; or
(c) a parent of the child is an Australian citizen, is ordinarily resident in Australia, or is present in Australia, on the relevant day; or
(d) a party to the proceedings is an Australian citizen, is ordinarily resident in Australia, or is present in Australia, on the relevant day; or
(e) it would be in accordance with a treaty or arrangement in force between Australia and an overseas jurisdiction, or the common law rules of private international law, for the court to exercise jurisdiction in the proceedings.
"(2) In this section:
'relevant day', in relation to proceedings, means:
(a) if the application instituting the proceedings is filed in a court - the day on which the application is filed; or
(b) in any other case - the day on which the application instituting the proceedings is made.
Applicant may be in contempt
"69F. A court may proceed with the hearing of proceedings in relation to a child even though the person who instituted the proceedings has failed to comply with an order of the court or of another court having jurisdiction under this Act.


"Subdivision C - Jurisdiction of courts
Interpretation
"69G. In this Subdivision:
'matters arising under this Part' includes proceedings under Division 9 or section 68S.
Jurisdiction of Family Court, State Family Courts and Northern Territory Supreme Court
"69H.(1) Jurisdiction is conferred on the Family Court in relation to matters arising under this Part.
"(2) Each Family Court of a State is invested with federal jurisdiction in relation to matters arising under this Part.
"(3) Subject to section 69K, jurisdiction is conferred on the Supreme Court

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of the Northern Territory in relation to matters arising under this Part.
Jurisdiction of courts of summary jurisdiction
"69J.(1) Subject to subsection (5), each court of summary jurisdiction of each State is invested with federal jurisdiction in relation to matters arising under this Part (other than proceedings for leave under section 60G).
"(2) Subject to subsection (5) and section 69K, jurisdiction is conferred on each court of summary jurisdiction of each Territory in relation to matters arising under this Part (other than proceedings for leave under section 60G).
"(3) The Governor-General may, by Proclamation, fix a day as the day on and after which proceedings in relation to matters arising under this Part may not be instituted in, or transferred to, a court of summary jurisdiction in a specified State or Territory.
"(4) Without limiting the generality of subsection (3), a Proclamation under that subsection may be expressed to apply only in relation to:
(a) proceedings of specified classes; or
(b) the institution of proceedings in, or the transfer of proceedings to, a court of summary jurisdiction in a specified part of a State or Territory.
"(5) A court of summary jurisdiction must not hear and determine proceedings under this Part otherwise than in accordance with any Proclamation in force under subsection (3).
"(6) The Governor-General may, by Proclamation, declare that a Proclamation under subsection (3) is revoked on and from a specified day.
"(7) If, under subsection (6), the Governor-General declares that a Proclamation under subsection (3) is revoked:
(a) this Part (including subsection (3)) has effect as if the revoked Proclamation had not been made; but
(b) the effect of the revoked Proclamation on the jurisdiction of courts before the specified day is not affected.
Territory court does not have jurisdiction unless a party is ordinarily resident in the Territory
"69K. A court of a Territory must not hear or determine proceedings under this Part unless at least one of the parties to the proceedings is ordinarily resident in the Territory when the proceedings are instituted or are transferred to the court.
Jurisdiction in relation to transferred matters under other Commonwealth laws
"69L. If proceedings in relation to a matter arising under a law of the Commonwealth are transferred under this Act to a court that has jurisdiction conferred on or invested in it by this Division, the jurisdiction so conferred on or invested in the court includes jurisdiction in relation to that matter.
Jurisdiction is additional to other jurisdiction
"69M. The jurisdiction conferred on or invested in a court by this Division is in addition to any jurisdiction conferred on or invested in the court apart from this Division.
Transfer of proceedings from courts of summary jurisdiction in certain cases
"69N.(1) This section applies if:
(a) proceedings for a parenting order are instituted in a court of summary jurisdiction; and
(b) the respondent, in answer to the application by which the proceedings were instituted, seeks an order different from that sought in the application.
"(2) The court must, before going on to hear and determine the proceedings, inform the parties that, unless each of them consents to the court hearing and determining the proceedings, the court is required to transfer the proceedings to the Family Court, a Family Court of a State or the Supreme Court of the Northern Territory.
"(3) If the parties do not consent to the court hearing and determining the proceedings, the court must transfer the proceedings accordingly.
"(4) Before transferring the proceedings, the court may make such orders (including an order under subsection 62F(2)) as it considers necessary pending the disposal of the proceedings by the court to which they are transferred.
"(5) If the parties consent to the court hearing and determining the proceedings:
(a) a party is not entitled, without leave of the court, subsequently to object to the proceedings being heard and determined by the court; but
(b) the court may, on its own initiative, transfer the proceedings to the Family Court, a Family Court of a State or the Supreme Court of the Northern Territory.
"(6) If the court subsequently gives leave to a party to object to the proceedings being heard and determined by the court, the court must transfer the proceedings to the Family Court, a Family Court of a State or the Supreme Court of the Northern Territory.
"(7) A court to which proceedings are transferred must deal with the proceedings as if they had been instituted in the court.
"(8) Failure by a court of summary jurisdiction to comply with this section in relation to proceedings does not invalidate any order made by the court in the proceedings.
"(9) Subsection (8) does not affect the duty of a court of summary jurisdiction to comply with this section.


"Subdivision D - Presumptions of parentage

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Presumptions of parentage arising from marriage
"69P.(1) If a child is born to a woman while she is married, the child is presumed to be a child of the woman and her husband.
"(2) If:
(a) at a particular time:
(i) a marriage to which a woman is a party is ended by death; or
(ii) a purported marriage to which a woman is a party is annulled;
and
(b) a child is born to the woman within 44 weeks after that time;
the child is presumed to be a child of the woman and the husband or purported husband.
"(3) If:
(a) the parties to a marriage separated at any time; and
(b) after the separation, they resumed cohabitation on one occasion; and
(c) within 3 months after the resumption of cohabitation, they separated again and lived separately and apart; and
(d) a child is born to the woman within 44 weeks after the end of the cohabitation, but after the dissolution of the marriage;
the child is presumed to be a child of the woman and the husband.
Presumption of paternity arising from cohabitation
"69Q. If:
(a) a child is born to a woman; and
(b) at any time during the period beginning not earlier than 44 weeks and ending not less than 20 weeks before the birth, the woman cohabited with a man to whom she was not married;
the child is presumed to be a child of the man.
Presumption of parentage arising from registration of birth
"69R. If a person's name is entered as a parent of a child in a register of births or parentage information kept under a law of the Commonwealth or of a State, Territory or prescribed overseas jurisdiction, the person is presumed to be a parent of the child.


Presumptions of parentage arising from findings of courts
"69S.(1) If:
(a) during the lifetime of a particular person, a prescribed court has:
(i) found expressly that the person is a parent of a particular
child; or
(ii) made a finding that it could not have made unless the person
was a parent of a particular child; and
(b) the finding has not been altered, set aside or reversed;
the person is conclusively presumed to be a parent of the child.
"(2) If:
(a) after the death of a particular person, a prescribed court has:
(i) found expressly that the person was a parent of a particular
child; or
(ii) made a finding that it could not have made unless the person
was a parent of a particular child; and
(b) the finding has not been altered, set aside or reversed;
the person is presumed to have been a parent of the child.
"(3) In this section:
'prescribed court' means a federal court, a court of a State or Territory or a court of a prescribed overseas jurisdiction.
Presumption of paternity arising from acknowledgments
"69T. If:
(a) under the law of the Commonwealth or of a State, Territory or prescribed overseas jurisdiction, a man has executed an instrument acknowledging that he is the father of a specified child; and
(b) the instrument has not been annulled or otherwise set aside;
the man is presumed to be the father of the child.
Rebuttal of presumptions etc.
"69U.(1) A presumption arising under this Subdivision is rebuttable by proof on a balance of probabilities.
"(2) Where:
(a) 2 or more presumptions arising under this Subdivision are relevant in any proceedings; and
(b) those presumptions, or some of those presumptions, conflict with each other and are not rebutted in the proceedings;
the presumption that appears to the court to be the more or most likely to be correct prevails.
"(3) This section does not apply to a presumption arising under subsection 69S(1).


"Subdivision E - Parentage evidence
Evidence of parentage
"69V. If the parentage of a child is a question in issue in proceedings under this Act, the court may make an order requiring any person to give such evidence as is material to the question.
Orders for carrying out of parentage testing procedures
"69W.(1) If the parentage of a child is a question in issue in proceedings under this Act, the court may make an order (a 'parentage testing order')

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requiring a parentage testing procedure to be carried out on a person mentioned in subsection (3) for the purpose of obtaining information to assist in determining the parentage of the child.
"(2) A court may make a parentage testing order:
(a) on its own initiative; or
(b) on the application of:
(i) a party to the proceedings; or
(ii) a person representing the child under an order made under
section 68L.
"(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 to be carried out 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 affect the generality of section 69V.
Orders associated with parentage testing orders
"69X.(1) If a court makes a parentage testing order, it may also make orders under subsection (2) or (4).
"(2) The court may make such orders as it considers necessary or desirable:
(a) to enable the parentage testing procedure to be carried out; 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 such orders as it considers just in relation to costs incurred in relation to:
(a) the carrying out of 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 carrying out the parentage testing procedure.
Orders directed to persons 18 or over
"69Y.(1) If a person who is 18 or over contravenes a parentage testing order or an order under section 69X, the person 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.
Orders directed to children under 18
"69Z.(1) This section applies if a parentage testing order, or an order under section 69X, requires a medical procedure or other act to be carried out in relation to a child who is under 18.
"(2) The procedure or act must not be carried out in relation to the child under the order without the consent of:
(a) a parent of the child; or
(b) a guardian of the child; or
(c) a person who, under a specific issues order, is responsible for the child's long-term or day-to-day care, welfare and development.
"(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.
No liability if parent etc. consents
"69ZA.(1) A person who carries out, or who assists in the carrying out of, a medical procedure or other act in relation to a child under a parentage testing order is not liable to any civil or criminal action in relation to the proper carrying out of the procedure or act if it is carried out with the consent of:
(a) a parent of the child; or
(b) a guardian of the child; or
(c) a person who, under a specific issues order, is responsible for the child's long-term or day-to-day care, welfare and development.
"(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 the carrying out of the medical procedure or act.
Regulations about carrying out, and reporting on, parentage testing procedures
"69ZB. The regulations may make provision relating to:
(a) the carrying out of parentage testing procedures under parentage testing orders; and
(b) the preparation of reports relating to the information obtained as the result of carrying out such procedures.
Reports of information obtained may be received in evidence
"69ZC.(1) A report made in accordance with regulations covered by paragraph 69ZB(b) may be received in evidence in any proceedings under this Act.
"(2) If, under subsection (1), a report is received in evidence in proceedings under this Act, the court may make an order requiring the person who made the report, or any person whose evidence may be relevant in relation
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to the report, to appear before the court and give evidence in relation to the report.
"(3) A court may make an order under subsection (2):
(a) on its own initiative; or
(b) on the application of:
(i) a party to the proceedings; or
(ii) a person representing the relevant child under an order made
under section 68L.
Parentage testing for purposes of international maintenance agreements
"69ZD. For the purpose of the carrying out of any of Australia's obligations under:
(a) an arrangement with a reciprocating jurisdiction, or with a jurisdiction with restricted reciprocity, within the meaning of section 110; or
(b) the Convention referred to in section 111;
the regulations may make provision:
(c) conferring jurisdiction on a court to make an order requiring a parentage testing procedure to be carried out at the request of:
(i) a court or authority in a foreign country; or
(ii) the Secretary to the Department, or a person authorised by the
Secretary; or
(d) for the carrying out of a parentage testing procedure, and the preparation of a report in relation to the information obtained as a result of the carrying out of the procedure; or
(e) for the admissibility in legal proceedings of a report, in relation to the information obtained as a result of the carrying out of a parentage testing procedure, received from an authority in a foreign country;
whether or not there is any express provision in the relevant arrangement or in the Convention authorising the carrying out of a parentage testing procedure.


"Subdivision F - Extension, application and additional
operation of Part
Extension of Part to the States
"69ZE.(1) Subject to this section and section 69ZF, this Part extends to New South Wales, Victoria, Queensland, South Australia and Tasmania.
"(2) Subject to this section and section 69ZF, this Part extends to Western Australia if:
(a) the Parliament of Western Australia refers to the Parliament of the Commonwealth the following matters or matters that include, or are included in, the following matters:
(i) the maintenance of children and the payment of expenses in
relation to children or child bearing;
(ii) parental responsibility for children; or
(b) Western Australia adopts this Part.
"(3) This Part extends to a State under subsection (1) or (2) only for so long as there is in force:
(a) an Act of the Parliament of the State by which there is referred to the Parliament of the Commonwealth:
(i) the matters referred to in subparagraphs (2)(a)(i) and (ii); or
(ii) matters that include, or are included in, those matters; or
(b) a law of the State adopting this Part.
"(4) This Part extends to a State at any time under subsection (1) or paragraph (2)(a) only in so far as it makes provision with respect to:
(a) the matters that are at that time referred to the Parliament of the Commonwealth by the Parliament of the State; or
(b) matters incidental to the execution of any power vested by the Constitution in the Parliament of the Commonwealth in relation to those matters.
Unless declaration in force, Part's extension to a State has effect subject to modifications
"69ZF.(1) The Governor-General may, by Proclamation, declare that all the child welfare law provisions of this Part extend to a specified State.
"(2) Despite anything in section 69ZE, if no declaration under subsection (1) is in force in relation to a particular State, this Part, as it extends to that State because of section 69ZE, has effect as if:
(a) subsection 66F(2) were omitted; and
(b) subsections 69ZE(1) and (2) were amended by omitting 'and section 69ZF'; and
(c) section 69ZF were omitted; and
(d) paragraph 69ZK(1)(b) were omitted; and
(e) subsection 69ZK(2) were amended by adding at the end the following word and paragraphs:
'; or (d) the jurisdiction of a court under a child welfare law to make an order in relation to the maintenance of the child; or
(e) an order of the kind referred to in paragraph (d).'.
"(3) A Proclamation that was in force in relation to a State under subsection 60E(6) of this Act as in force before the commencement of this section has effect, after that commencement, as if it were a Proclamation under subsection (1) of this section.
Note: This section preserves the effect of subsections 60E(6) and (7) of this

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Act as in force before the commencement of this section. Under those subsections, the amendments of this Act made by the Law and Justice Legislation Amendment Act 1992 did not extend to a State unless a Proclamation was in force in relation to the State.
Application of Part in, and in relation to, Territories
"69ZG. This Part applies in and in relation to the Territories.
Additional application of Part
"69ZH.(1) Without prejudice to its effect apart from this section, this Part also has effect as provided by this section.
"(2) By virtue of this subsection, Divisions 2 to 7 (inclusive) (other than Subdivisions C, D and E of Division 6 and sections 66D, 66M and 66N), Subdivisions C and E of Division 8, Divisions 9, 10 and 11 and Subdivisions B and C of Division 12 (other than section 69D) have the effect, subject to subsection (3), that they would have if:
(a) each reference to a child were, by express provision, confined to a child of a marriage; and
(b) each reference to the parents of the child were, by express provision, confined to the parties to the marriage.
"(3) The provisions mentioned in subsection (2) only have effect as mentioned in that subsection so far as they make provision with respect to the parental responsibility of the parties to a marriage for a child of the marriage, including (but not being limited to):
(a) the duties, powers, responsibilities and authority of those parties in relation to:
(i) the maintenance of the child and the payment of expenses in
relation to the child; or
(ii) the residence of the child, contact between the child and
other persons and other aspects of the care, welfare and development of the child; and
(b) other aspects of duties, powers, responsibilities and authority in relation to the child:
(i) arising out of the marital relationship; or
(ii) in relation to concurrent, pending or completed proceedings
between those parties for principal relief; or
(iii) in relation to a dissolution or annulment of that marriage,
or a legal separation of the parties to the marriage, that is effected in accordance with the law of an overseas jurisdiction and that is recognised as valid in Australia under section 104.
"(4) By virtue of this subsection, Division 1, Subdivisions C, D and E of Division 6, section 69D, Subdivisions D and E of Division 12 and Divisions 13 and 14 and this Subdivision, have effect according to their tenor.
Additional jurisdiction of courts
"69ZJ. In addition to the jurisdiction that, apart from this section, is invested in or conferred on a court under this Part, the court is invested with jurisdiction or jurisdiction is conferred on the court, as the case requires, in matters between residents of different States, being matters with respect to:
(a) the maintenance of children and the payment of expenses in relation to children or child bearing; or
(b) parental responsibility in relation to children.
Child welfare laws not affected
"69ZK.(1) A court having jurisdiction under this Act must not make an order under this Act (other than an order under Division 7) in relation to a child who is under the care (however described) of a person under a child welfare law unless:
(a) the order is expressed to come into effect when the child ceases to be under that care; or
(b) the order is made in proceedings relating to the child in respect of the institution or continuation of which the written consent of a child welfare officer of the relevant State or Territory has been obtained.
"(2) Nothing in this Act, and no decree under this Act, affects:
(a) the jurisdiction of a court, or the power of an authority, under a child welfare law to make an order, or to take any other action, by which a child is placed under the care (however described) of a person under a child welfare law; or
(b) any such order made or action taken; or
(c) the operation of a child welfare law in relation to a child.
"(3) If it appears to a court having jurisdiction under this Act that another court or an authority proposes to make an order, or to take any other action, of the kind referred to in paragraph (2)(a) in relation to a child, the first-mentioned court may adjourn any proceedings before it that relate to the child.


"Division 13 - State, Territory and overseas orders
"Subdivision A - What this Division does
What this Division does
"70A. This Division provides for:
(a) the registration of State and Territory orders dealing with children (Subdivision B); and
(b) the registration of overseas orders dealing with children (Subdivision

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C); and
(c) the transmission of Australian orders to overseas jurisdictions (Subdivision D).


"Subdivision B - Registration of State and Territory orders
Interpretation
"70B. In this Subdivision:
'State' includes a Territory;
'State child order' means an order made under the law of a State:
(a) that (however it is expressed) has the effect of determining the person or persons with whom a child who is under 18 is to live, or that provides for a person or persons to have custody of a child who is under 18; or
(b) that (however it is expressed) has the effect of providing for contact between a child who is under 18 and another person or persons, or that provides for a person or persons to have access to a child who is under 18.
General registration of orders made under law of prescribed State
"70C. The Rules of Court may make provision for and in relation to the registration in a court having jurisdiction under this Part of State child orders made under a law of a prescribed State.
Registration of orders in a particular State
"70D. The Rules of Court may make provision for and in relation to the registration in a State in a court having jurisdiction under this Act of State child orders made by a court in another State.
Effect of registration
"70E. A State child order registered in a court under section 70C or 70D has the same force and effect as if it were an order made by that court under this Part.


"Subdivision C - Registration of overseas orders
Interpretation
"70F. In this Subdivision:
'care order' means a specific issues order under which a person is responsible for a child's day-to-day care, welfare and development;
'excluded order' means:
(a) an interim order; or
(b) an order made in favour of a person where:
(i) the order was made on the application of the person; and
(ii) notice of making the application was not served on any other
person; and
(iii) no other person appeared at the hearing of the application;
'overseas child order' means an order made by a court of a prescribed overseas jurisdiction:
(a) that (however it is expressed) has the effect of determining the person or persons with whom a child who is under 18 is to live, or that provides for a person or persons to have custody of a child who is under 18; or
(b) that (however it is expressed) has the effect of providing for contact between a child who is under 18 and another person or persons, or that provides for a person or persons to have access to a child who is under 18; or
(c) an order varying or discharging an order of the kind referred to in paragraph (a) or (b), including an order of that kind made under this Act.
Registration of orders
"70G. The regulations may make provision for and in relation to the registration in courts in Australia of overseas child orders, other than excluded orders.
Effect of registration - general
"70H. An overseas child order registered in a court under section 70G has the same force and effect as if it were an order made by that court under this Part.
Effect of registration on exercise of jurisdiction
"70J.(1) A court in Australia that is aware that an overseas child order is registered under section 70G must not exercise jurisdiction in proceedings for the making of a residence order, a contact order or a care order in relation to the child concerned unless:
(a) each person with whom the child is supposed to live or have contact under the overseas order, or who has rights of custody or access in relation to the child concerned under the order, consents to the exercise of jurisdiction by the court in the proceedings; or
(b) the court is satisfied that there are substantial grounds for believing that the child's welfare requires that the court exercise jurisdiction in the proceedings.
"(2) If a court exercises jurisdiction in proceedings for a residence order, a contact order or a care order in relation to a child who is the subject of an overseas child order, the court must not make a residence order, a contact order or a care order in relation to the child unless it is satisfied:
(a) that the welfare of the child is likely to be adversely affected if the order is not made; or
(b) that there has been such a change in the circumstances of the child since the making of the overseas child order that the residence order, contact order or care order ought to be made.

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Cancellation of registration if residence order, contact order or care order made
"70K. If a court:
(a) is aware that an overseas child order is registered under section 70G; and
(b) makes a residence order, a contact order or a care order in relation to the child concerned;
the court must cancel the registration of the overseas child order.
Relationship between Australian orders and registered overseas child orders
"70L.(1) In this section:
'Australian child order' means:
(a) a residence order, a contact order or a care order; or
(b) a State child order as defined in section 70B;
'responsible person', in relation to an Australian child order or an overseas child order, means a person:
(a) with whom the child is supposed to live or have contact under the order; or
(b) who is responsible for the child's day-to-day care, welfare and development under the order; or
(c) who has a right to custody of, or access to, the child under the order.
"(2) This section applies if:
(a) an Australian child order, whether made under this Part or another law, is in force under this Part in relation to a child; and
(b) an overseas child order, other than an excluded order, that relates to the child but that has a different effect from the Australian order has been registered under section 70G (whether before or after the making of the Australian child order) and its registration has not been cancelled.
"(3) A responsible person under the overseas child order may apply to a court having jurisdiction under this Part for the discharge of the Australian child order.
"(4) A responsible person under the Australian child order may apply to a court having jurisdiction under this Part for the cancellation of the registration of the overseas child order.
"(5) If an application is made under subsection (3) or (4), the court must:
(a) if a condition specified in subsection (6) is satisfied - cancel the registration of the overseas child order; or
(b) in any other case - discharge the Australian child order.
"(6) For the purposes of paragraph (5)(a), the conditions are:
(a) each responsible person under the overseas child order consents to the cancellation of the registration of the order; or
(b) the court is satisfied that there are substantial grounds for believing that the child's welfare will be adversely affected if the overseas child order continues to operate in relation to the child; or
(c) the court is satisfied that there has been a change in the circumstances of the child since the overseas child order was made that makes it inappropriate for the order to continue to operate in relation to the child.


"Subdivision D - Transmission of Australian orders to
overseas jurisdictions
Registrar to send documents etc. to overseas jurisdiction
"70M.(1) This section applies if:
(a) a court in Australia makes, in relation to a child who is under 18, a residence order, a contact order or a specific issues order, or a State child order as defined in section 70B; and
(b) the order is enforceable in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C.
"(2) A person referred to in subsection (3) may, in writing, request the Registrar of the court to send to an appropriate court or authority in the overseas jurisdiction the documents and information necessary for securing the enforcement of the order in the overseas jurisdiction.
"(3) A request under subsection (2) may be made by:
(a) a person with whom the child is supposed to live or have contact under the order; or
(b) a person who has a right to custody of, or of access to, the child under the order.
"(4) The Registrar of the court must comply with a request under subsection (2).
Regulations may deal with sending Australian orders etc. to overseas jurisdiction
"70N. The regulations may make provision for and in relation to the sending to a prescribed overseas jurisdiction of copies of, and documents relating to, a residence order, a contact order or a specific issues order, or a State child order as defined in section 70B, that relates to a child to whom an overseas child order relates.


"Division 14 - Miscellaneous
What this Division does
"70P. This Division deals with miscellaneous matters relating to children.
Certain instruments not liable to duty
"70Q.(1) The following instruments are not subject to any duty or charge

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under any law of a State or Territory or any law of the Commonwealth that applies only in relation to a Territory:
(a) an instrument executed under, or for the purposes of, an order made under this Part;
(b) an eligible parenting plan that confers a benefit in relation to a child, to the extent to which it confers the benefit;
(c) an instrument executed under, or for the purposes of, an eligible parenting plan and that confers a benefit in relation to a child, to the extent to which it confers the benefit.
"(2) An eligible parenting plan is a parenting plan:
(a) the registration of which under section 63E is in force; and
(b) that is not a maintenance agreement, or, if it is a maintenance agreement, it relates to a child who is not a child of the marriage to which the maintenance agreement relates; and
(c) that:
(i) is made by the parties to a de facto relationship in connection
with the breakdown of that relationship; or
(ii) relates to a child whose parents (being parties to the plan)
were neither married to each other, nor living with each other in a de facto relationship, at the time of the child's conception.
"(3) In this section, a reference to an instrument that confers a benefit in relation to a child includes a reference to an instrument that confers an entitlement to property in relation to a child even though the instrument also deprives the child or another person of an entitlement to other property in relation to the child.".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 32
Setting aside of orders altering property interests

32. Section 79A of the Principal Act is amended:
(a) by omitting from paragraph (1)(d) "welfare" and substituting "care, welfare and development";
(b) by omitting from paragraph (1)(d) "has the custody of the child" and substituting "has caring responsibility for the child (as defined in subsection (1AA))";
(c) by inserting after subsection (1A):
"(1AA) For the purposes of paragraph (1)(d), a person has caring responsibility for a child if:
(a) the person is a parent of the child with whom the child lives; or
(b) the person has a residence order in relation to the child; or
(c) the person has a specific issues order in relation to the child under which the person is responsible for the child's long-term or day-to-day care, welfare and development.".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 33
Registered maintenance agreements

33. Section 86 of the Principal Act is amended by omitting from subsection (2) "66N" and substituting "66S".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 34
Operation of maintenance agreements entered into in substitution for rights under Act

34. Section 87 of the Principal Act is amended by omitting from subsection (4C) "66N" and substituting "66S".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 35
Intervention by Attorney-General

35. Section 91 of the Principal Act is amended by omitting paragraph (1)(b) and substituting:
"(b) any proceedings under this Act for or in relation to:
(i) a residence order, a contact order or a specific issues order;
or
(ii) an order under section 67ZC.".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 36
Intervention by other persons

36. Section 92 of the Principal Act is amended by omitting from subsection (1A) "66W(1)" and substituting "69W(1)".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 37
Intervention in child abuse cases

37. Section 92A of the Principal Act is amended by omitting paragraphs (2)(b) and (c) and substituting the following paragraphs:
"(b) a parent of the child with whom the child lives;
(ba) a person who has a residence order in relation to the child;
(bb) a person who has a specific issues order in relation to the child under which the person is responsible for the child's long-term or day-to-day care, welfare and development;
(c) any other person responsible for the care, welfare or development of the child;".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 38
Leave to appeal needed in some cases

38. Section 94AA of the Principal Act is amended by omitting from subsection (4) the definition of "child welfare matter" and substituting the following definition:
" 'child welfare matter' means a matter relating to the person or persons with whom a child is to live, contact between a child and another person or
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persons or any other aspect of parental responsibility (within the meaning of Part VII) for a child;".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 39
Restrictions on examination of children

39. Section 102A of the Principal Act is amended by omitting "court counsellor" from paragraph (b) of the definition of "examined" in subsection (5) and substituting "family and child counsellor".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 40
Insertion of new section

40. After section 102A of the Principal Act the following section is inserted in Part XI:
Assessors
"102B. In any proceedings under this Act (other than prescribed proceedings), the court may, in accordance with the Rules of Court, get an assessor to help it in the hearing and determination of the proceedings, or any part of them or any matter arising under them.".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 41
Inter-State enforcement of child bearing expenses order

41. Section 109 of the Principal Act is amended by omitting from paragraph (1)(a) "66Z" and substituting "67D".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 42
Convention on the Civil Aspects of International Child Abduction

42. Section 111B of the Principal Act is amended:
(a) by inserting "(the 'Convention')" after "1980";
(b) by adding at the end:
"(2) Because of amendments of this Act made by the Family Law Reform Act 1995:
(a) a parent or guardian of a child is no longer expressly stated to have custody of the child; and
(b) a court can no longer make an order under this Act expressed in terms of granting a person custody of, or access to, a child.
"(3) The purpose of subsection (4) is to resolve doubts about the implications of these changes for the Convention. That is the only purpose of the subsection.
"(4) For the purposes of the Convention:
(a) each of the parents of a child should, subject to any order of a court for the time being in force, be regarded as having custody of the child; and
(b) a person who has a residence order in relation to a child should be regarded as having custody of the child; and
(c) a person who, under a specific issues order, is responsible for the day-to-day care, welfare and development of a child should be regarded as having custody of the child; and
(d) a person who has a contact order in relation to a child should be regarded as having a right of access to the child.
Note: The references in paragraphs (b), (c) and (d) to residence orders, specific issues orders and contact orders also cover provisions of parenting agreements registered under section 63E (see section 63F, in particular subsection (3)).
"(5) Subsection (4) is not intended to be a complete statement of the circumstances in which, under the laws of the Commonwealth, the States and the Territories, a person has, for the purposes of the Convention, custody of, or access to, a child, or a right or rights of custody or access in relation to a child.
"(6) Expressions used in this section have the same meaning as they have in Part VII.".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 43
Insertion of new section

43. After section 111B of the Principal Act the following section is inserted:
Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption
"111C.(1) The regulations may make such provision as is necessary to enable the performance of the obligations of Australia, or to obtain for Australia any advantage or benefit, under the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption signed at The Hague on 29 May 1993.
"(2) The regulations do not come into force until the day on which the Convention enters into force for Australia.".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 44
Interpretation

44. Section 112AA of the Principal Act is amended:
(a) by omitting paragraph (a) of the definition of "court enforceable agreement" and substituting the following paragraph:
"(a) a parenting plan registered in a court under section 63E; or";
(b) by omitting "70C" from paragraph (b) of the definition of "order under this Act" and substituting "68B";
(c) by omitting the definition of "access order";
(d) by inserting:
" 'contact order' means an order under this Act that provides for a person or persons to have contact with a child;".
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FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 45
Meaning of "contravene an order"

45. Section 112AB of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:
"(2) For the purposes of this Part:
(a) a residence order is taken to include a requirement that persons act in accordance with section 65M in relation to the order; and
(b) a contact order is taken to include a requirement that persons act in accordance with section 65N in relation to the order; and
(c) a specific issues order to which section 65P applies is taken to include a requirement that persons act in accordance with that section in relation to the order.".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 46
Meaning of "reasonable excuse for contravening an order"

46. Section 112AC of the Principal Act is amended:
(a) by omitting from subsection (1) "and (3)" and substituting ", (3), (4) and (5)";
(b) by omitting subsection (3) and substituting the following subsections:
"(3) A person (the 'respondent') is taken to have had a reasonable excuse for contravening a residence order in a way that resulted in a child not living with a person in whose favour the order was made if:
(a) the respondent believed on reasonable grounds that the actions constituting the contravention were necessary to protect the health or safety of a person (including the respondent or the child); and
(b) the period during which, because of the contravention, the child did not live with the person in whose favour the order was made was not longer than was necessary to protect the health or safety of that person.
"(4) A person (the 'respondent') is taken to have had a reasonable excuse for contravening a contact order in a way that resulted in a person and a child being deprived of contact they were supposed to have under the order if:
(a) the respondent believed on reasonable grounds that the deprivation of contact was necessary to protect the health or safety of a person (including the respondent or the child); and
(b) the deprivation of contact was not for longer than was necessary to protect the health or safety of the person referred to in paragraph (a).
"(5) A person (the 'respondent') is taken to have had a reasonable excuse for contravening a specific issues order by acting contrary to section 65P if:
(a) the respondent believed on reasonable grounds that the action constituting the contravention was necessary to protect the health or safety of a person (including the respondent or the child); and
(b) the period during which, because of that action, a person in whose favour the order was made was hindered in or prevented from discharging responsibilities under the order was not for longer than was necessary to protect the health or safety of the person referred to in paragraph (a).".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 47
Sanctions for failure to comply with orders

47. Section 112AD of the Principal Act is amended:
(a) by inserting in subsection (1) "other than a residence order, a contact order or a specific issues order," after "order under this Act,";
(b) by inserting after subsection (1) the following subsection:
"(1A) If:
(a) a court with jurisdiction under this Act is satisfied that a person has contravened a residence order, a contact order or a specific issues order; and
(b) the person does not prove on the balance of probabilities that he or she had a reasonable excuse for contravening the order;
the court may, subject to subsection (5), by order, take any action specified in subsection (2) that the court thinks appropriate.";
(c) by omitting paragraph (2)(g) and substituting the following paragraph:
"(g) having regard to any deprivation of contact resulting from the contravention concerned, make a contact order in relation to a person and a child.";
(d) by inserting after subsection (2) the following subsection:
"(2A) A contact order referred to in paragraph (2)(g) is an order under Division 6 of Part VII and must be made in accordance with that Division. However, for the purposes of this Division, the order is taken to be an order under subsection (1).";
(e) by omitting from subsection (5) "an access order" and substituting "a contact order";
(f) by omitting from paragraphs (5)(a) and (b) "court counsellor" and substituting "family and child counsellor".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 48
Recognizances

48. Section 112AF of the Principal Act is amended by omitting from paragraph (4)(a) "court counsellor" and substituting "family and child counsellor".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 49
Repeal of section 112AJ

49. Section 112AJ of the Principal Act is repealed.
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FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 50
Repeal of section 112AL

50. Section 112AL of the Principal Act is repealed.

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 51
Operation of State and Territory laws

51. Section 114AB of the Principal Act is amended:
(a) by omitting from subsection (1) "70C, 70D" and substituting "68B, 68C";
(b) by omitting from subsection (2) "70C" (wherever occurring) and substituting "68B".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 52
Repeal of section 114M and substitution of new section

52.(1) Section 114M of the Principal Act is repealed and the following section is substituted:
Staff
"114M.(1) The staff of the Institute are to be persons appointed or employed under the Public Service Act 1922.
"(2) The Director has all the powers of a Secretary under the Public Service Act 1922, so far as they relate to the branch of the Australian Public Service comprising the staff of the Institute, as if that branch were a separate Department of the Australian Public Service.
"(3) The Director may, on behalf of the Institute and with the approval of the Minister, engage persons to assist the Institute as consultants or otherwise.
"(4) The terms and conditions of engagement of persons under subsection (3) are as determined by the Director from time to time.".


(2) An engagement of a person to assist the Institute (as a consultant or otherwise, but not as a member of staff) under subsection 114M(1) of the Principal Act as in force before the commencement of this section continues to have effect after that commencement as if it were an engagement under subsection 114M(3) of the Principal Act as in force after that commencement.

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 53
Family Law Council

53. Section 115 of the Principal Act is amended by omitting from subsection (2) "marriage counselling organizations" and substituting "organisations that provide family and child counselling".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 54
Costs

54. Section 117 of the Principal Act is amended by omitting subsections (3) and (4).

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 55
Reparation for certain losses and expenses relating to children

55. Section 117A of the Principal Act is amended:
(a) by omitting from paragraphs (1)(a) and (1)(c) "removing a child from the possession of" and substituting "taking a child away from";
(b) by omitting subparagraphs (1)(a)(i) and (ii) and substituting the following subparagraphs:
"(i) a residence order; or
(ii) a contact order;";
(c) by omitting from paragraph (1)(b) "70A" and substituting "65Y or 65Z";
(d) by omitting from paragraph (1)(d) "removed a child from the possession of" and substituting "taken a child away from";
(e) by omitting from paragraph (1)(e) "restoring the child to the possession of the person entitled to that possession" and substituting "recovering the child and returning the child to a person";
(f) by omitting from paragraph (1)(f) "restoring the child to the possession of the person entitled to that possession" and substituting "recovering the child and, if applicable, returning the child to a person".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 56
Offers of settlement

56. Section 117C of the Principal Act is amended by omitting "5, 11, 12 or 13" (wherever occurring) and substituting "6, 9 or 13".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 57
Rules of Court

57. Section 123 of the Principal Act is amended:
(a) by omitting from paragraph (1)(j) "court counsellor" and substituting "family and child counsellor";
(b) by omitting from subparagraphs (1)(s)(i) and (ii) "court counsellors" and substituting "family and child counsellors";
(c) by omitting from paragraph (1)(sa), subparagraph (1)(sd)(ii) and paragraph (1)(se) "approved mediators" and substituting "court mediators";
(d) by omitting from subparagraph (1)(sd)(i) "an approved mediator" and substituting "a court mediator".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 58
Regulations

58. Section 125 of the Principal Act is amended:
(a) by omitting from paragraph (1)(ba) "mediators and arbitrators" and substituting "persons as court mediators and approved arbitrators";
(b) by omitting from paragraph (1)(f) "maintenance order under Part VII or VIII" and substituting "child maintenance order under Part VII or a
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maintenance order under Part VIII".

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 59
Transitional matters

59.(1) Transitional matters relating to the repeal and re-making of Part II of the Principal Act, and the amendments of Parts III and IIIA of the Principal Act, are dealt with in Schedule 1.


(2) Transitional matters relating to the repeal and re-making of Part VII of the Principal Act are dealt with in Schedule 2.

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SCHEDULE 1

SCHEDULE 1 Section 59
TRANSITIONAL PROVISIONS RELATING TO THE REPEAL AND RE-MAKING OF
PART II OF THE FAMILY LAW ACT 1975 AND TO THE AMENDMENTS
OF PARTS III AND IIIA OF THAT ACT
Interpretation
1. In this Schedule:
"amended Act" means the Family Law Act 1975 as in force after the
Part II commencement;
"old Act" means the Family Law Act 1975 as in force immediately
before the Part II commencement;
"Part II commencement" means the commencement of section 5 of this
Act.
Treatment of approved marriage counselling organisations and approved
mediators
2.(1) An approval given, or deemed to have been given, under section 12
of the old Act that was in force immediately before the Part II
commencement has effect after that commencement as if:
(a) it were an approval of the organisation concerned as a
counselling organisation under section 13A of the amended Act; and
(b) any conditions to which the approval was subject immediately
before the Part II commencement were specified in an instrument of
approval in relation to the organisation under section 13A of the
amended Act.
(2) An approval given under regulations made for the purposes of the
definition of "approved mediator" in subsection 4(1) of the old Act
that was in force immediately before the Part II commencement has
effect after that commencement as if it were an approval under
regulations made for the purposes of paragraph (a) of the definition of
"family and child mediator" in subsection 4(1) of the amended Act.
Treatment of applications for approval as marriage counselling
organisation or approved mediator
3.(1) An application for approval under section 12 of the old Act that
has not been decided by the Part II commencement has effect after that
commencement as if it were an application for approval of the
organisation concerned as a counselling organisation under section 13A
of the amended Act.
(2) An application for approval under regulations made for the
purposes of the definition of "approved mediator" in subsection 4(1) of
the old Act that has not been decided by the Part II commencement has
effect after that commencement as if it were an application for
approval under regulations made for the purposes of paragraph (a) of
the definition of "family and child mediator" in subsection 4(1) of the
amended Act.
Treatment of appropriations and grants
4.(1) An appropriation of money for the purposes of Part II of the old
Act has effect, after the Part II commencement, as if it were for the
purposes of Part II of the amended Act.
(2) A grant under section 11 of the old Act has effect, after the
Part II commencement, as if it were a grant under section 13H of the
amended Act.
Other matters
5.(1) An adjournment of proceedings under paragraph 14(2)(a) of the old
Act that has not ended by the Part II commencement continues after that
commencement as if it were an adjournment under paragraph 14C(2)(a) of
the amended Act.
(2) Sections 18 and 19C of the old Act continue to apply, despite
their repeal, to things said and admissions made before the Part II
commencement.
(3) An oath or affirmation made, or deemed to have been made, under
section 19 or 19K of the old Act has effect after the Part II
commencement as if it were made under that section of the amended Act.
(4) An obligation under section 19A or 19B of the old Act to arrange
for an approved mediator to mediate a dispute has effect after the Part
II commencement as if it were an obligation under that section of the
amended Act to arrange for a court mediator to mediate the dispute.

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SCHEDULE 2

SCHEDULE 2 Section 59
TRANSITIONAL PROVISIONS RELATING TO THE REPEAL AND RE-MAKING
OF PART VII OF THE FAMILY LAW ACT 1975
Interpretation

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1. In this Schedule:
"amended Act" means the Family Law Act 1975 as in force after the
Part VII commencement;
"old Act" means the Family Law Act 1975 as in force immediately
before the Part VII commencement;
"Part VII commencement" means the commencement of section 31 of this
Act.
Treatment of custody, access, maintenance and guardianship orders
2.(1) An order for the custody of a child in force under the old Act
immediately before the Part VII commencement has effect, after that
commencement as if:
(a) so far as it deals (expressly or impliedly) with the question of
the person or persons with whom the child is to live - it were a
residence order made under Part VII of the amended Act; and
(b) so far as it deals, expressly or impliedly, with other aspects of
parental responsibility for the child - it were a specific issues order
made under Part VII of the amended Act.
(2) An order for access to a child in force under the old Act
immediately before the Part VII commencement has effect, after that
commencement, as if it were a contact order made under Part VII of the
amended Act.
(3) An order for the maintenance of a child in force immediately
before the Part VII commencement has effect, after that commencement,
as if it were a child maintenance order made under Part VII of the
amended Act.
(4) An order for the guardianship of a child in force under the old
Act immediately before the Part VII commencement has effect, after that
commencement as if:
(a) so far as it deals (expressly or impliedly) with the question of
the person or persons with whom the child is to live - it were a
residence order made under Part VII of the amended Act; and
(b) so far as it deals (expressly or impliedly) with other aspects of
parental responsibility for the child - it were a specific issues order
made under Part VII of the amended Act.
(5) In this clause, a reference to a particular kind of order in
force under the old Act includes a reference to:
(a) an agreement that has effect as that kind of order under the old
Act; and
(b) an order that is taken to be, or that has effect, as if it were
an order of that kind.
Treatment of applications for custody, access, maintenance and
guardianship orders
3.(1) This clause applies if, immediately before the Part VII
commencement, an application for an order under Part VII of the old Act
of any of the following kinds was still awaiting determination:
(a) an order for the custody of a child;
(b) an order for access to a child;
(c) an order for the maintenance of a child;
(d) an order for the guardianship of a child.
(2) The application must be determined as if it were an application
for the corresponding order or orders under Part VII of the amended Act
(determined having regard to the effect of clause 2).
Treatment of child agreements
4.(1) A child agreement made under the old Act immediately before the
Part VII commencement has effect after that commencement as if it were
a parenting plan made under Part VII of the amended Act.
(2) If, immediately before the Part VII commencement, the
registration of the child agreement under section 66ZC of the old Act
was in force, the registration continues to have effect after that
commencement as if it were a registration of the agreement under
section 63E of the amended Act.
Treatment of warrants under subsections 64(9) and (10)
5.(1) If a warrant under subsection 64(9) or (10) of the old Act was in
force immediately before the Part VII commencement, the old Act
continues to have effect after that commencement in relation to the
warrant as if the amendments of the old Act made by this Act had not
been made.
(2) If an application for a warrant under subsection 64(9) or (10)
has not been decided by the Part VII commencement, the old Act
continues to have effect after that commencement in relation to the
application, and any warrant issued pursuant to it, as if the
amendments of the old Act made by this Act had not been made.
Treatment of orders under section 64A
6.(1) If an order under subsection 64A(1) or (4) of the old Act was in
force immediately before the Part VII commencement, the old Act
continues to have effect after that commencement in relation to the
order as if the amendments of the old Act made by this Act had not been
made.
(2) If an application for an order under subsection 64A(1) or (4) of
the old Act has not been decided by the Part VII commencement, the old

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Act continues to have effect after that commencement in relation to the
application, and any order made pursuant to it, as if the amendments of
the old Act made by this Act had not been made.
Continued application of Division 7 of Part VII
7. Division 7 of Part VII of the old Act continues to have effect in
relation to proceedings that were begun before the Part VII
commencement as if the amendments of the old Act made by this Act had
not been made.
Other things done under old Act have effect for purposes of
corresponding provisions of amended Act
8.(1) Subject to clauses 2 to 7, a thing done for the purposes of a
provision (the 'old provision') of Part VII of the old Act has effect,
after that commencement, as if it were an equivalent thing done under
the provision of Part VII of the amended Act that corresponds to the
old provision (see the Table at the end of this Schedule).
(2) In this clause, a reference to a thing done includes, for
example:
(a) the making of a Proclamation, Regulation or Rule of Court; or
(b) the making of an application to, or filing of a notice or other
document in, a court; or
(c) the making of an order or other decree by a court; or
(d) the preparation of a report or other document.

Provision of old Act Corresponding provision of amended Act
Section 60 Section 60D
Section 60A Section 60F
Section 60AA Section 60G
Section 60B Section 60H
Section 60C Section 60E
Subsections 60E(1) and (2) Subsections 69ZE(1) and (2)
Subsection 60E(3) Section 69ZG
Subsection 60E(4) Subsection 69ZE(3)
Subsection 60E(5) Subsection 69ZE(4)
Subsections 60E(6) and (7) Section 69ZF
Section 60F Section 69ZH
Section 60G Section 69ZJ
Section 60H Section 69ZK
Section 61 Section 62C
Section 61A Section 62E
Section 61B Section 62B
Section 61C Section 62H
Section 62 Section 62F
Section 62A Section 62G
Subsection 63(1) Section 69H
Subsections 63(2) to (6) Section 69J
Subsection 63(7) Section 69K
Subsection 63(8) Section 69L
Subsection 63(9) Section 69M
Section 63A Section 69B
Section 63B Section 69E
Section 63C Section 69C
Section 63D Section 69N
Section 63E No direct equivalent (dealt with in
clauses 2 and 3)
Section 63F No direct equivalent (dealt with in
clauses 2 and 3)
Subsections 64(1) and (2) No direct equivalent (dealt with in
clauses 2 and 3)
Subsection 64(5) Section 65L
Subsection 64(6) Section 67ZD
Subsections 64 (9) to (11A) No direct equivalent (dealt with in clause 5)
Subsections 64 (12) and (13)
Subsections 67R(3) and (4)
Section 64A No direct equivalent (dealt with in clause 6)
Section 65 Section 68L
Section 65A Section 68M
Section 66 Section 69F
Section 66A Section 66B
Section 66B Section 66C
Section 66BA Section 66E
Section 66C Section 66H
Section 66D Section 66J
Section 66E Section 66K
Section 66F Section 66G
Section 66FA Subsection 66F(2)
Subsection 66G(1) Subsection 66D(1)
Subsection 66G(2) Section 66M
Subsection 66G(3) Subsection 66D(2)
Subsection 66G(4) Section 66N
Section 66H Section 66L
Section 66J Section 66P
Section 66K Section 66Q
Section 66L Section 66R
Section 66M Section 66U
Section 66N Section 66S
Sections 66P to 66U (dealt with in clause 7)
Section 66V Section 69V
Subsections 66W(1) to (3) Section 69W
Subsection 66W(4) Section 69X
Subsection 66W(5) Section 69Y
Subsection 66W(6) Section 69Z
Subsections 66W(7) and (8) Section 69ZA
Subsection 66W(9) Section 69ZB
Subsections 66W(10) and (11)
Section 69ZC
Section 66X Section 67B
Section 66Y Section 67C
Section 66Z Section 67D
Section 66ZA Section 67E
Section 66ZB Section 67G
Sections 66ZC to 66ZE No direct equivalent (dealt with in clause 4)
Subsection 67(1) Section 70B
Subsection 67(1A) Section 70C
Subsection 67(2) Section 70D
Subsection 67(3) Section 70E
Subsection 68(1) Section 70G
Subsection 68(2) Section 70H
Subsection 68(3) Subsection 70J(1)
Subsection 68(4) Subsection 70J(2)
Subsection 68(5) Section 70K
Subsections 68(6) and (7) Sections 70F and 70L
Subsection 69(1) Section 70M
Subsection 69(2) Section 70N
Subsections 70(1), (2) and (3)
Sections 65M, 65N and 65P
Subsections 70AA(1), (2) and (10)
Section 65Q
Subsections 70AA(3) and (11)
Section 65S
Subsection 70AA(4) Section 65T
Subsections 70AA(5) and (7) Section 65U
Subsection 70AA(6) Section 65V
Subsections 70AA(8) and (9) Section 65W
Subsection 70A(1) Section 65Y
Subsection 70A(2) Section 65Z
Subsection 70A(7) Section 65ZD
Subsections 70A(8) and (9) Section 65X
Subsections 70B(1) and (3) Section 65ZA
Subsections 70B(2) and (4) Section 65ZB
Subsections 70B(5), (6) and (7)
Section 65ZC
Subsection 70B(8) Section 65ZD
Subsections 70B(9) and (10) Section 65X
Section 70BA Section 67Z
Section 70BB Section 67ZA
Section 70BC Section 67ZB
Section 70C Section 68B
Section 70D Section 68C
Section 70E Section 69D
Section 70F Section 70Q