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FAMILY COURT ACT 1997 - SECT 5

5 .         Terms used

        (1)         In this Act, unless the contrary intention appears —

        (FLA s. 4(1))

        Aboriginal child means a child who is a descendant of the Aboriginal people of Australia;

        (FLA s. 4(1))

        Aboriginal or Torres Strait Islander culture , in relation to a child —

            (a)         means the culture of the Aboriginal or Torres Strait Islander community or communities to which the child belongs; and

            (b)         includes Aboriginal or Torres Strait Islander lifestyle and traditions of that community or communities;

        (FLA s. 4(1))

        abuse , in relation to a child, means —

            (a)         an assault, including a sexual assault, of the child; or

            (b)         a person (the first person ) involving the child in a sexual activity with the first person or another person in which the child is used, directly or indirectly, as a sexual object by the first person or the other person, and where there is unequal power in the relationship between the child and the first person; or

            (c)         causing the child to suffer serious psychological harm, including (but not limited to) when that harm is caused by the child being subjected to, or exposed to, family violence; or

            (d)         serious neglect of the child;

        (FLA s. 4(1))

        adopted in relation to a child, means adopted under the law of any place (whether in or out of Australia) relating to the adoption of children;

        (FLA s. 4(1))

        alleged contravention in Part 5 Division 6 Subdivision 4, means the alleged contravention because of which the alleged offender is arrested;

        (FLA s. 4(1))

        alleged offender in Part 5 Division 6 Subdivision 4, means the person who is arrested;

        (FLA s. 4(1))

        application for a confiscation declaration means any of the following —

            (a)         an application under section 30 of the Criminal Property Confiscation Act 2000 , for a declaration that property has been confiscated;

            (b)         an application under section 27 of the Criminal Property Confiscation Act 2000 , for a confiscable property declaration;

            (c)         an application under section 32A(1) of the Misuse of Drugs Act 1981 that a person be declared a drug trafficker;

        (FLA s. 4(1))

        arbitration has the meaning given by section 56;

        (FLA s. 4(1))

        arbitrator has the meaning given by section 57;

        (FLA s. 4(1))

        arresting person means the person who arrests the alleged offender;

        (FLA s. 4(1))

        audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places;

        (FLA s. 4(1))

        birth includes stillbirth;

        (FLA s. 4(1))

        captain , in relation to an aircraft or vessel, means the person in charge or command of the aircraft or vessel;

        CEO means the CEO as defined in section 3 of the Children and Community Services Act 2004 ;

        Chief Judge means the judge appointed under section 11(2) to be the Chief Judge of the Court;

        (FLA s. 4(1))

        child

            (a)         in Part 5, includes an adopted child, a child whose parentage has been transferred under the Surrogacy Act 2008 and a stillborn child; and

            (b)         in Part 5 Division 6 Subdivision 5, means a person who has not attained the age of 18 years (including a person who is an adopted child or a child whose parentage has been transferred under the Surrogacy Act 2008 );

        child bearing expenses means a matter in respect of which a payment may be ordered to be made under Subdivision 2 of Division 8 of Part 5;

        (FLA s. 4(1))

        childbirth maintenance period , in relation to the birth of a child, means the period that begins on the day mentioned in paragraph (a) or (b) and ends 3 months after the child’s birth —

            (a)         if the mother —

                  (i)         works in paid employment; and

                  (ii)         is advised by a medical practitioner to stop working for medical reasons related to her pregnancy; and

                  (iii)         stops working after being so advised and more than 2 months before the child is due to be born,

                the period begins on the day on which she stops working; or

            (b)         in any other case, the period begins on the day that is 2 months before the child is due to be born;

        (FLA s. 4(1))

        child maintenance order has the meaning given by section 84(5);

        (FLA s. 4(1))

        child maintenance provisions , in relation to a parenting plan, has the meaning given by section 76(5);

        (FLA s. 4(1))

        child-related proceedings has the meaning given by section 202A;

        Child Support (Assessment) Act means the Child Support (Assessment) Act 1989 (Commonwealth);

        Note for this definition:

                See the Child Support (Commonwealth Powers) Act 2019 .

        Child Support (Registration and Collection) Act means the Child Support (Registration and Collection) Act 1988 (Commonwealth);

        Note for this definition:

                See the Child Support (Commonwealth Powers) Act 2019 .

        (FLA s. 4(1))

        child welfare law means this Act, the Adoption Act 1994 , the Children and Community Services Act 2004 , the Young Offenders Act 1994 and any other written law providing for —

            (a)         the imprisonment, detention or residence of a child; or

            (b)         the care, treatment and protection of a child who has a mental illness;

        (FLA s. 4(1))

        child welfare officer in relation to a State or Territory, means —

            (a)         a person who, because he or she holds, or performs the duties of, a prescribed office of the State or Territory, has responsibilities in relation to a child welfare law of the State or Territory; or

            (b)         a person authorised in writing by such a person for the purposes of Part 5;

        (FLA s. 4(1))

        child welfare provisions , in relation to a parenting plan, has the meaning given by section 76(4);

        Commissioner of Police means the Commissioner of Police appointed under section 5 of the Police Act 1892 ;

        (FLA s. 4(1))

        community service order has the meaning given by section 205SC;

        (FLA s. 4(1))

        confiscation declaration means any of the following —

            (a)         a declaration under section 30 of the Criminal Property Confiscation Act 2000 that property has been confiscated;

            (b)         a confiscable property declaration under section 27 of the Criminal Property Confiscation Act 2000 ;

            (c)         a declaration under section 32A(1) of the Misuse of Drugs Act 1981 that a person is a drug trafficker;

        (FLA s. 4(1))

        contravened an order , in Part 5 Division 13, has the meaning given by section 205C;

        Court or Family Court of Western Australia means the Family Court of Western Australia continued by this Act;

        court has a meaning affected by section 8;

        (FLA s. 4(1))

        criminal confiscation order means any of the following —

            (a)         a confiscation declaration;

            (b)         a freezing order, within the meaning of the Criminal Property Confiscation Act 2000 ;

            (c)         a freezing notice, within the meaning of the Criminal Property Confiscation Act 2000 ;

        (FLA s. 4(1))

        department means a department of the Public Service;

        Director of Court Counselling means the Director of Court Counselling appointed under section 25(1)(d);

        (FLA s. 4(1))

        DPP means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1991 ;

        (FLA s. 4(1))

        education includes apprenticeship or vocational training;

        (FLA s. 4(1))

        exposed to family violence, in relation to a child, has the meaning given in section 9A(3);

        (FLA s. 4(1))

        family consultant has the meaning given by section 61;

        (FLA s. 4(1))

        family counselling has the meaning given by section 47;

        (FLA s. 4(1))

        family counsellor has the meaning given by section 48;

        Family Court of Australia means the Family Court of Australia created by the Family Law Act;

        (FLA s. 4(1))

        family dispute resolution has the meaning given by section 51;

        (FLA s. 4(1))

        family dispute resolution practitioner has the meaning given by section 52;

        Family Law Act means the Family Law Act 1975 of the Commonwealth and includes rules, regulations and proclamations for the time being in force under that Act;

        family law magistrate means a person who is both a magistrate appointed under the Magistrates Court Act 2004 and either the Principal Registrar or a registrar of the Family Court of Western Australia;

        (FLA s. 4(1))

        family violence has the meaning given in section 9A(1);

        (FLA s. 4(1))

        family violence order means an order (including an interim order) made under a law of a State or a Territory to protect a person from family violence;

        income tested pension, allowance or benefit has the meaning given by the Family Law Act;

        (FLA s. 4(1))

        independent children’s lawyer , for a child, means a legal practitioner who represents the child’s interests in proceedings under an appointment made under a court order under section 164(2);

        (FLA s. 4(1))

        information about a child’s location , in the context of a location order made or to be made by a court in relation to a child, means information about —

            (a)         where the child is; or

            (b)         where a person who the court has reasonable cause to believe has the child is;

        (FLA s. 4(1))

        interests in relation to a child, includes matters related to the care, welfare or development of the child;

        judge or Family Court judge means a judge of the Court;

        (FLA s. 4(1))

        location order has the meaning given by section 143(1);

        (FLA s. 4(1))

        made in favour , in relation to a parenting order (other than a child maintenance order), has the meaning given by section 84(6);

        (FLA s. 4(1))

        major long-term issues has the meaning given by section 7A;

        (FLA s. 4(1))

        medical expenses includes medical, surgical, dental, diagnostic, hospital, nursing, pharmaceutical and physiotherapy expenses;

        (FLA s. 4(1))

        medical practitioner means a person registered or licensed as a medical practitioner under a law of a State or a Territory that provides for the registration or licensing of medical practitioners and who has current entitlement to practise in that State or Territory;

        (FLA s. 4(1))

        member of the family has the meaning given in section 6;

        metropolitan region has the meaning given to that term in the Planning and Development Act 2005 section 4;

        order means an order of a court and includes a judgment and an order dismissing an application or refusing to make an order;

        (FLA s. 4(1))

        order under this Act affecting children , in relation to a court, means —

            (a)         a parenting order; or

            (b)         an injunction granted by a court —

                  (i)         under section 235; or

                  (ii)         under section 235A insofar as the injunction is for the protection of a child;

                or

            (c)         an undertaking given to, and accepted by, the court —

                  (i)         that relates to, or to the making of, an order or injunction referred to in paragraph (a) or (b) or a community service order referred to in paragraph (f); or

                  (ii)         that relates to a bond referred to in paragraph (g);

                or

            (d)         a subpoena issued under the rules of Court —

                  (i)         that relates to, or to the making of, an order or injunction referred to in paragraph (a) or (b) or a community service order referred to in paragraph (f); or

                  (ii)         that relates to a bond referred to in paragraph (g),

                being a subpoena issued to a party to the proceedings for the order, injunction or bond, as the case may be; or

            (e)         a registered parenting plan within the meaning of section 76(6); or

            (f)         a community service order made under section 205SB(2)(a); or

            (g)         a bond entered into —

                  (i)         under a parenting order; or

                  (ii)         under section 205SB(2)(b); or

                  (iii)         for the purposes of section 205SG(6),

                and includes an order, injunction, plan or bond that —

                  (iv)         is an order under this Act affecting children made by another court because of paragraph (a), (b), (e) or (g); and

                  (v)         has been registered in the first-mentioned court;

        (FLA s. 4(1))

        parent , when used in Part 5 in relation to a child who has been adopted, means an adoptive parent of the child;

        (FLA s. 4(1))

        parentage testing order has the meaning given by section 195(1);

        (FLA s. 4(1))

        parentage testing procedure means a medical procedure prescribed, or included in a class of medical procedures prescribed, for the purposes of this definition;

        (FLA s. 4(1))

        parental responsibility , in Part 5, has the meaning given by section 68;

        (FLA s. 4(1))

        parenting order has the meaning given by section 84(1);

        (FLA s. 4(1))

        parenting plan has the meaning given by section 76;

        (FLA s. 4(1))

        Part 5 Order means an order made under Part 5;

        (FLA s. 4(1))

        Part 5A proceedings means proceedings under Part 5A for orders with respect to the maintenance of a de facto partner or to the property of de facto partners, but does not include any proceedings specified in the regulations for the purposes of this definition;

        (FLA s. 4(1))

        pending , in Part 5 Division 6 Subdivision 5, has a meaning affected by section 106(2);

        (FLA s. 4(1))

        post-separation parenting program has the meaning given by the Family Law Act;

        (FLA s. 4(1))

        primary order means an order under this Act affecting children and includes such order as varied;

        principal officer

            (a)         in relation to a department or an organisation within the meaning of the Public Sector Management Act 1994 , means the chief executive officer or chief employee (as those terms are defined in the Public Sector Management Act 1994 ) of the department or organisation; and

            (b)         in relation to any other State entity, means a person who is the chief executive officer of the State entity;

        proceedings means a proceeding in a court, whether between parties or not, and includes cross-proceedings or an incidental proceeding in the course of or in connection with a proceeding;

        (FLA s. 4(1))

        professional ethics includes —

            (a)         rules of professional conduct; and

            (b)         rules of professional etiquette; and

            (c)         a code of ethics; and

            (d)         standards of professional conduct;

        (FLA s. 4(1))

        reasonable excuse for contravening , in relation to an order, includes the meanings given by section 205E;

        (FLA s. 4(1))

        recovery order has the meaning given by section 149;

        registered parenting plan has the meaning given by section 76(6);

        (FLA s. 4(1))

        registrar means —

            (a)         in relation to the Court, means the Principal Registrar, a deputy registrar or a registrar; and

            (b)         in relation to the Magistrates Court, means a registrar of that court at the place where that court was held;

        (FLA s. 4(1))

        Registry Manager means —

            (a)         in relation to the Family Court of Western Australia, the Principal Registrar of that Court; and

            (b)         in relation to a court other than the Family Court of Western Australia, the principal officer of the court or any other appropriate officer of the court;

        (FLA s. 4(1))

        relative , of a child —

            (a)         in Part 5, means —

                  (i)         a step-parent of the child; or

                  (ii)         a brother, sister, half-brother, half-sister, step-brother or step-sister of the child; or

                  (iii)         a grandparent of the child; or

                  (iv)         an uncle or aunt of the child; or

                  (v)         a nephew or niece of the child; or

                  (vi)         a cousin of the child;

                and

            (b)         in section 6, has the meaning given by section 7;

        (FLA s. 4(1))

        relevant property or financial arbitration has the meaning given by section 56(2);

        (FLA s. 4(1))

        section 65M arbitration has the meaning given by section 56(2);

        (FLA s. 4(1))

        State child order means an order made under the law of a State that —

            (a)         however it is expressed, has the effect of determining the person or persons with whom a child who is under 18 is to live, or that provides for a person or persons to have custody of a child who is under 18; or

            (b)         however it is expressed, has the effect of providing for a person or persons to spend time with a child who is under 18; or

            (c)         however it is expressed, has the effect of providing for contact between a child who is under 18 and another person or persons, or that provides for a person or persons to have access to a child who is under 18;

        State entity means —

            (a)         a department or an organisation within the meaning of the Public Sector Management Act 1994 ; or

            (b)         a body corporate, other than such an organisation or a local government, established for a public purpose by a written law;

        State information order has the meaning given by section 143(2);

        (FLA s. 4(1))

        step-parent , in relation to a child, means a person who —

            (a)         is not a parent of the child; and

            (b)         is or has been married to, or in a de facto relationship with, a parent of the child; and

            (c)         treats, or at any time during the marriage treated, the child as a member of the family formed with the parent;

        (FLA s. 4(1))

        Torres Strait Islander child means a child who is a descendant of the Indigenous inhabitants of the Torres Strait Islands;

        (FLA s. 4(1))

        video link means facilities (for example, closed-circuit television facilities) that enable audio and visual communication between persons in different places.

        (2)         A reference in this Act to a person who has parental responsibility for a child is a reference to a person who —

            (a)         has some or all of that responsibility solely; or

            (b)         shares some or all of that responsibility with another person.

        (3)         A reference in this Act to a person who shares parental responsibility for a child with another person is a reference to a person who shares some or all of the parental responsibility for the child with that other person.

        (4)         A reference in this Act to a person or people involved in proceedings is a reference to —

            (a)         any of the parties to the proceedings; and

            (b)         any child whose interests are considered in, or affected by, the proceedings; and

            (c)         any person whose conduct is having an effect on the proceedings.

        [Section 5 amended: No. 25 of 2002 s. 4 and 29; No. 28 of 2003 s. 50(1); No. 34 of 2004 Sch. 2 cl. 10(2); No. 59 of 2004 s. 91; No. 38 of 2005 s. 15; No. 35 of 2006 s. 4, 17, 42(1), 63, 80, 104, 108, 136, 144 and 170; No. 21 of 2008 s. 663(2); No. 47 of 2008 s. 59; No. 13 of 2013 s. 4; No. 7 of 2019 s. 8; No. 9 of 2022 s. 424.]



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