Western Australian Current Acts Western Australian Current Acts (1) This section
applies if —
(a) a
notice is filed under section 159(1) or 162A(3) in proceedings for an order
under this Part in relation to a child; and
(b) the
notice alleges, as a consideration that is relevant to whether the court
should make or refuse to make the order, that —
(i)
there has been abuse of the child by one of the parties
to the proceedings; or
(ii)
there would be a risk of abuse of the child if there were
to be a delay in the proceedings; or
(iii)
there has been family violence by one of the parties to
the proceedings; or
(iv)
there is a risk of family violence by one of the parties
to the proceedings.
(2) The court must
—
(a)
consider what interim or procedural orders (if any) should be made —
(i)
to enable appropriate evidence about the allegation to be
obtained as expeditiously as possible; and
(ii)
to protect the child or any of the parties to the
proceedings;
and
(b) make
such orders of that kind as the court considers appropriate; and
(c) deal
with the issues raised by the allegation as expeditiously as possible.
(3) The court must
take the action required by subsection (2)(a) and (b) —
(a) as
soon as practicable after the notice is filed; and
(b) if
it is appropriate having regard to the circumstances of the case —
within 8 weeks after the notice is filed.
(4) Without limiting
subsection (2)(a)(i), the court must consider whether orders should be made
under section 202K to obtain documents or information from prescribed
government agencies in relation to the allegation.
(5) Without limiting
subsection (2)(a)(ii), the court must consider whether orders should be made,
or an injunction granted, under section 235.
(6) A failure to
comply with a provision of this section does not affect the validity of any
order made in the proceedings for the order.
[Section 162B inserted: No. 13 of 2013 s. 18.]