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FAMILY LAW ACT 1975 - SECT 68P

Obligations of court making an order or granting an injunction under this Act that is inconsistent with an existing family violence order

             (1)  This section applies if:

                     (a)  a court:

                              (i)  makes a parenting order that provides for a child to spend time with a person, or expressly or impliedly requires or authorises a person to spend time with a child; or

                             (ii)  makes a recovery order (as defined in section 67Q) or any other order under this Act that expressly or impliedly requires or authorises a person to spend time with a child; or

                            (iii)  grants an injunction under section 68B or 114 that expressly or impliedly requires or authorises a person to spend time with a child; and

                     (b)  the order made or injunction granted is inconsistent with an existing family violence order.

             (2)  The court must, to the extent to which the order or injunction provides for the child to spend time with a person, or expressly or impliedly requires or authorises a person to spend time with the child:

                     (a)  specify in the order or injunction that it is inconsistent with an existing family violence order; and

                     (b)  give a detailed explanation in the order or injunction of how the contact that it provides for is to take place; and

                     (c)  explain (or arrange for someone else to explain) the order or injunction to:

                              (i)  the applicant and respondent in the proceedings for the order or injunction; and

                             (ii)  the person against whom the family violence order is directed (if that person is not the applicant or respondent); and

                            (iii)  the person protected by the family violence order (if that person is not the applicant or respondent); and

                     (d)  include (or arrange to be included) in the explanation, in language those persons are likely to readily understand:

                              (i)  the purpose of the order or injunction; and

                             (ii)  the obligations created by the order or injunction, including how the contact that it provides for is to take place; and

                            (iii)  the consequences that may follow if a person fails to comply with the order or injunction; and

                            (iv)  the court's reasons for making an order or granting an injunction that is inconsistent with a family violence order; and

                             (v)  the circumstances in which a person may apply for variation or revocation of the order or injunction.

             (3)  As soon as practicable after making the order or granting the injunction (and no later than 14 days after making or granting it), the court must give a copy to:

                     (a)  the applicant and respondent in the proceedings for the order or injunction; and

                     (b)  the person against whom the family violence order is directed (if that person is not the applicant or respondent); and

                     (c)  the person protected by the family violence order (if that person is not the applicant or respondent); and

                     (d)  the Registrar, Principal Officer or other appropriate officer of the court that last made or varied the family violence order; and

                     (e)  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; and

                      (f)  a child welfare officer in relation to the State or Territory in which the person protected by the family violence order resides.

             (4)  Failure to comply with this section does not affect the validity of the order or injunction.



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