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FAMILY LAW ACT 1975 - SECT 67N

Provisions about Commonwealth information orders

             (1)  This section applies to Commonwealth information orders.

             (2)  Subject to section 67L, a court having jurisdiction under this Part or section 111CX, or exercising jurisdiction in proceedings arising under regulations made for the purposes of Part XIIIAA, 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 applicable 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.



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