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FAMILY LAW ACT 1975 - SECT 67ZBA

Where interested person makes allegation of family violence

             (1)  This section applies if an interested person in proceedings for an order under this Part in relation to a child alleges, as a consideration that is relevant to whether the court should make or refuse to make the order, that:

                     (a)  there has been family violence by one of the parties to the proceedings; or

                     (b)  there is a risk of family violence by one of the parties to the proceedings.

             (2)  The interested person must file a notice in the prescribed form in the court hearing the proceedings, and serve a true copy of the notice upon the party referred to in paragraph (1)(a) or (b).

             (3)  If the alleged family violence (or risk of family violence) is abuse of a child (or a risk of abuse of a child):

                     (a)  the interested person making the allegation must either file and serve a notice under subsection (2) of this section or under subsection 67Z(2) (but does not have to file and serve a notice under both those subsections); and

                     (b)  if the notice is filed under subsection (2) of this section, the Registry Manager must deal with the notice as if it had been filed under subsection 67Z(2).

Note:          If an allegation of abuse of a child (or a risk of abuse of a child) relates to a person who is not a party to the proceedings, the notice must be filed in the court and served on the person in accordance with subsection 67Z(2).

             (4)  In this section:

"interested person " in proceedings for an order under this Part in relation to a child, means:

                     (a)  a party to the proceedings; or

                     (b)  an independent children's lawyer who represents the interests of the child in the proceedings; or

                     (c)  any other person prescribed by the regulations for the purposes of this paragraph.

"prescribed form " means the form prescribed by the applicable Rules of Court.

"Registry Manager " has the same meaning as in section 67Z.



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