Queensland Consolidated Acts

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DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 55

Power of court to obtain information about child

55 Power of court to obtain information about child

(1) This section applies if—
(a) there is an application for a protection order, or a variation of a domestic violence order, that seeks to name a child in the order or the court is considering naming a child in a protection order; and
(b) the respondent contests the naming of the child in the order or the imposition of any conditions concerning the child; and
(c) the court considers that the chief executive (child protection) may have information relating to the child, the aggrieved or the respondent that may help the court in deciding whether to name the child in the order or impose a condition relating to the child under division 5 .
(2) The court may ask the chief executive (child protection) to provide information about the child, the aggrieved or the respondent that the chief executive reasonably considers may help the court in deciding whether to name the child in the order or impose a condition relating to the child under division 5 .
(3) The chief executive (child protection) must comply with the request as quickly as possible.
(4) However, the chief executive is required only to provide information in the possession of the chief executive (child protection) or to which the chief executive (child protection) has access.
(5) If the chief executive (child protection) provides information under this section in a proceeding, the court must—
(a) give each party to the proceeding a copy of the information and a reasonable opportunity to prepare and make submissions about the information; and
(b) give a copy of any domestic violence order, or varied order, made in the proceeding to the chief executive (child protection).
(6) The court need not comply with subsection (5) (a) to the extent that giving a copy of the information to a party to the proceeding would place the aggrieved, or a child, at increased risk of domestic violence.
(7) This section does not limit section 154 .



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