Commonwealth Consolidated Acts

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Outline of Part

    An outline of this Part   is set out below.




Divisions and coverage


Division   1--Introductory

  • object of Part and principles underlying it, and outline of Part
  • best interests of the child: court proceedings
  • best interests of the child: adviser's obligations
  • interpretation and application of this Part
  • how this Act applies to certain children
  • family dispute resolution

Note:   The extension and application of this Part   is also dealt with in Subdivision F of Division   12.


Division   2--Parental responsibility

  • the concept of parental responsibility


Division   3--Reports relating to children under 18

preparation of reports for use in proceedings relating to children under 18


Division   4--Parenting plans

  • what parenting plans are


Division   5--Parenting orders--what they are

  • what parenting orders are


Division   6--Parenting orders other than child maintenance orders

  • applying for and making parenting orders (other than child maintenance orders) after attending, if necessary, family dispute resolution (see section   60I)
  • general obligations created by parenting orders, other than child maintenance orders
  • measures to promote the exercise of parental responsibility
  • dealing with people who have been arrested
  • obligations under parenting orders, other than child maintenance orders, relating to taking or sending children from Australia


Division   7--Child maintenance orders


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 and family violence
  • other orders about children


Division   9--Injunctions

  • proceedings for injunctions in relation to children


Division   10--The representation of the child's interests

the representation of a child's interests in proceedings by an independent children's lawyer


Division   11--Family violence

  • the relationship between certain parenting orders and family violence orders


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


Division   12A--Principles for conducting child - related proceedings

  • principles for conducting proceedings under this Part and certain other incidental proceedings
  • duties and powers of the court related to giving effect to the principles
  • matters relating to evidence


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


Division   13A--Enforcement of orders affecting children

  • court may do any or all of the following:

(a) require a person who contravenes an order affecting children to participate in an appropriate post - separation parenting program designed to help in the resolution of conflicts about parenting;

(b) make a further parenting order that compensates a person for time that a child did not spend with the person, or for time that a child did not live with the person, as a result of the contravention;

(c) adjourn the proceedings to enable an application to be made for a further parenting order;

  • court must take other action in respect of a person who contravenes an order affecting children if the court is satisfied:

(a) where the contravention is an initial contravention--that the person has behaved in a way that showed a serious disregard for his or her parenting obligations; or

(b) where the contravention is a second or subsequent contravention--that it is not appropriate for the person to be dealt with by requiring his or her attendance at a post - separation parenting program;


Division   14--Miscellaneous

  • miscellaneous matters relating to children

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