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FAMILY LAW ACT 1975 - SECT 70NEB

Powers of court

             (1)  If this Subdivision applies, the court may do any or all of the following:

                     (a)  make an order directing:

                              (i)  the person who committed the current contravention; or

                             (ii)  that person and another specified person;

                            to attend a post-separation parenting program;

                     (b)  if the current contravention is a contravention of a parenting order in relation to a child--make a further parenting order that compensates a person for time the person did not spend with the child (or time the child did not live with the person) as a result of the current contravention;

                     (c)  adjourn the proceedings to allow either or both of the parties to the primary order to apply for a further parenting order under Division 6 of Part VII that discharges, varies or suspends the primary order or revives some or all of an earlier parenting order;

                     (d)  make an order requiring the person who committed the current contravention to enter into a bond in accordance with section 70NEC;

                   (da)  if the person who committed the current contravention fails, without reasonable excuse, to enter into a bond as required by an order under paragraph (d)--impose a fine not exceeding 10 penalty units on the person;

                     (e)  if:

                              (i)  the current contravention is a contravention of a parenting order in relation to a child; and

                             (ii)  the current contravention resulted in a person not spending time with the child (or the child not living with a person for a particular period); and

                            (iii)  the person referred to in subparagraph (ii) reasonably incurs expenses as a result of the contravention;

                            make an order requiring the person who committed the current contravention to compensate the person referred to in subparagraph (ii) for some or all of the expenses referred to in subparagraph (iii);

                      (f)  make an order that the person who committed the current contravention pay some or all of the costs of another party, or other parties, to the proceedings under this Division; and

                     (g)  if the court makes no other orders in relation to the current contravention--order that the person who brought the proceedings in relation to the current contravention pay some or all of the costs of the person who committed the current contravention.

Note 1:       The court may also vary the primary order under Subdivision B.

Note 2:       Paragraph (1)(a)--before making an order under this paragraph, the court must consider seeking the advice of a family consultant about the services appropriate to the person's needs (see section 11E).

             (2)  The court must not make an order under paragraph (1)(a) directed to a person other than the person who committed the current contravention unless:

                     (a)  the person brought the proceedings before the court in relation to the current contravention or is otherwise a party to those proceedings; and

                     (b)  the court is satisfied that it is appropriate to direct the order to the person because of the connection between the current contravention and the carrying out by the person of his or her parental responsibilities in relation to the child or children to whom the primary order relates.

             (3)  If the court makes an order under paragraph (1)(a), the principal executive officer of the court must ensure that the provider of the program concerned is notified of the making of the order.

             (4)  If:

                     (a)  the current contravention is a contravention of a parenting order in relation to a child; and

                     (b)  the contravention resulted in a person not spending time with the child (or the child not living with a person for a particular period);

the court must consider making an order under paragraph (1)(b) to compensate the person for the time the person did not spend with the child (or the time the child did not live with the person) as a result of the contravention.

             (5)  The court must not make an order under paragraph (1)(b) if it would not be in the best interests of the child for the court to do so.

             (6)  In deciding whether to adjourn the proceedings as mentioned in paragraph (1)(c), the court must have regard to the following:

                     (a)  whether the primary order was made by consent;

                     (b)  whether either or both of the parties to the proceedings in which the primary order was made were represented in those proceedings by a legal practitioner;

                     (c)  the length of the period between the making of the primary order and the occurrence of the current contravention;

                     (d)  any other matters that the court thinks relevant.

             (7)  The court must consider making an order under paragraph (1)(g) if:

                     (a)  the person (the applicant ) who brought the proceedings in relation to the current contravention has previously brought proceedings in relation to the primary order or another primary order in which the applicant alleged that the person (the respondent ) who committed the current contravention committed a contravention of the primary order or that other primary order; and

                     (b)  on the most recent occasion on which the applicant brought proceedings of the kind referred to in paragraph (a), the court before which the proceedings were brought:

                              (i)  was not satisfied that the respondent had committed a contravention of the primary order or that other primary order; or

                             (ii)  was satisfied that the respondent had committed a contravention of the primary order or that other primary order but did not make an order under section 70NDB, 70NDC, 70NEB, 70NFB or 70NBA in relation to the contravention.



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