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This is a Bill, not an Act. For current law, see the Acts databases.


FAMILY LEGISLATION AMENDMENT BILL 2006

                     Western Australia

Family Legislation Amendment Bill 2006
                        CONTENTS

      Part 1 -- Preliminary
1.    Short title                                                  2
2.    Commencement                                                 2
3.    The Act amended                                              2
      Part 2 -- Miscellaneous amendments
      Division 1 -- Removal of requirements to
            register parenting plans
4.    Section 5 amended                                            3
5.    Section 74 amended                                           3
6.    Section 75 replaced                                          3
      75.      Parents encouraged to reach agreement
                -- FLA s. 63B                                  3
7.    Section 76 amended                                           4
8.    Section 78 replaced                                          4
      78.      Parenting plan may be varied or revoked
                by further written agreement -- FLA
                s. 63D                                        4
9.    Section 78A replaced by sections 78A and 78B                 5
      78A.     Explanation by person advising or
                assisting in the making of a parenting
                plan -- FLA s. 63DA                            5
      78B.     Registered parenting plans -- FLA
                s. 63DB                                       5
10.   Section 79 replaced                                          6
      79.      Registration of a revocation of a registered
                parenting plan -- FLA s. 63E                   6
11.   Section 80 amended                                           7
12.   Section 81 amended                                           7
13.   Section 82 amended                                           7
14.   Section 174 amended                                          8

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      15.     Section 205A amended                                       8
      16.     Section 221 amended                                        8
              Division 2 -- Use of audio links, video links, etc.
      17.     Section 5 amended                                          9
      18.     Heading to Part 8 Division 1 inserted                      9
              Division 1 -- General matters concerning procedure
                     and evidence
      19.     Part 8 Division 2 inserted                                 9
              Division 2 -- Use of video link, audio link or other
                     appropriate means to give testimony, make
                     appearances and give submissions etc.
              219AA. Evidence Act 1906 not excluded                  9
              219AB. Testimony -- FLA s. 102C                        10
              219AC. Appearance of persons -- FLA s. 102D            11
              219AD. Making of submissions -- FLA s. 102E            11
              219AE. Conditions for use of links -- FLA s. 102F      12
              219AF. Putting documents to a person -- FLA s.
                        102G                                        14
              219AG. Administration of oaths and affirmations --
                        FLA s. 102J                                 15
              219AH. Expenses -- FLA s. 102K                         16
              219AI. New Zealand proceedings -- FLA s. 102L          16
      20.     Section 244 amended                                        17
      21.     Transitional provision                                     17
              Division 3 -- Parenting compliance regime
      22.     Section 95A inserted                                       17
              95A.     Court may order attendance at a
                       post-separation parenting program -- FLA
                       s. 65LA                                      17
      23.     Section 102 amended                                        18
      24.     Section 205A amended                                       18
      25.     Section 205G amended                                       20
      26.     Section 205H amended                                       22
      27.     Section 205K replaced                                      23
              205K. Court may make further orders in relation
                       to attendance at program -- FLA s. 70NIA      23
      28.     Section 205L amended                                       23
              Division 4 -- Setting aside financial agreements
      29.     Section 205ZV amended                                      25
      30.     Transitional provisions                                    27
              Division 5 -- Other amendments relating to
                    financial agreements
      31.     Section 205ZR amended                                      28
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32.   Section 205ZS amended                                         28
33.   Section 205ZU amended                                         29
      Division 6 -- Orders and injunctions binding
            third parties
34.   Division 2A inserted in Part 5A                               29
      Division 2A -- Orders and injunctions binding
             third parties
      Subdivision 1 -- Introductory
      205ZLA. Object of Division -- FLA s. 90AA               29
      205ZLB. Definition -- FLA s. 90AB                       30
      205ZLC. This Division overrides other laws, trust
                 deeds, etc. -- FLA s. 90AC                   30
      205ZLD. Extended meaning of "property" -- FLA
                 s. 90AD                                     30
      205ZLE. Other provisions of this Act not affected by
                 this Division -- FLA s. 90ADA                30
      Subdivision 2 -- Orders under section 205ZG
      205ZLF. Court may make an order under
                 section 205ZG binding a third party --
                 FLA s. 90AE                                 31
      Subdivision 3 -- Orders or injunctions under
             section 235A
      205ZLG. Court may make an order or injunction
                 under section 235A binding a third
                 party -- FLA s. 90AF                         33
      Subdivision 4 -- Other matters
      205ZLH. Orders and injunctions binding on
                 trustees -- FLA s. 90AG                      35
      205ZLI. Protection for a third party -- FLA s. 90AH     35
      205ZLJ. Service of documents on a third party --
                 FLA s. 90AI                                 35
      205ZLK. Expenses of third party -- FLA s. 90AJ          36
35.   Transitional provisions                                       37
      Division 7 -- Amendments about Magistrates
            Courts
36.   Section 43 amended                                            37
37.   Section 209A inserted                                         39
      209A. Interpretation                                   39
38.   Sections 210A, 210AA and 210AB inserted                       39
      210A. Non-federal jurisdictions -- appeal from
                decree of Magistrates Court constituted by
                a family law magistrate                      39
      210AA. Leave to appeal needed in some cases
                referred to in section 210A                  42
      210AB. Case stated                                     42

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      39.     Section 211 amended                                                43
      40.     Sections 211A and 211B inserted                                    43
              211A. Appeals, and applications for leave,
                        without oral hearing                             43
              211B. Power to dismiss appeal                              44
      41.     Transitional provision                                             44
              Division 8 -- Amendments relating to the
                    Criminal Property Confiscation Act 2000
      42.     Section 5 amended and consequential amendment                      44
      43.     Section 205ZH amended                                              46
      44.     Sections 205ZHA, 205ZHB, 205ZHC and
              205ZHD inserted                                                    46
              205ZHA. Notification of criminal confiscation orders
                        etc. --                                  FLA s. 79B            46
              205ZHB. Court to stay proceedings under this
                        Division affected by criminal confiscation order etc.   -- FLA s. 79C 48
              205ZHC. Lifting a stay -- FLA s. 79D                        49
              205ZHD. Intervention by DPP -- FLA s. 79E                   49
      45.     Sections 205ZX, 205ZY, 205ZZ and 205ZZA
              inserted in Part 5A Division 3                                     50
              205ZX. Notification of criminal property
                        confiscation order etc. FLA -- s. 90M             50
              205ZY. Court to stay proceedings under Division 2
                        affected by criminal confiscation order etc.
                         -- FLA s. 90N                                    51
              205ZZ. Lifting a stay -- FLA s. 90P                         52
              205ZZA. Intervention by DPP -- FLA s. 90Q                   53
              Division 9 -- Other amendments
              Subdivision 1 -- Parenting compliance regime
      46.     Section 91 amended                                                 53
      47.     Part 5 Division 13 Subdivision 1A inserted                         54
              Subdivision 1A -- Court's powers where
                     contravention without reasonable excuse not
                     established
              205FA. Court's power to vary parenting order --
                        FLA s. 70NEB                             54
      48.     Transitional provisions                                            55
              Subdivision 2 -- Costs and offers of settlement
      49.     Section 237 amended                                                55
      50.     Section 240 replaced                                               55
              240.      Offers of settlement -- FLA s. 117C       55
      51.     Savings provision                                                  56


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      Subdivision 3 -- Suspension of sentences of
             imprisonment
52.   Section 205Q amended                                          57
53.   Section 226 amended                                           57
54.   Section 227 amended                                           57
      Subdivision 4 -- Enforcement (removal of
             information procedure)
55.   Section 205P amended                                          58
56.   Section 230 amended                                           58
57.   Savings provision                                             59
      Subdivision 5 -- Private arbitration
58.   Section 60B amended                                           59
      Subdivision 6 -- Change of venue
59.   Section 46A inserted                                          59
      46A.      Change of venue -- FLA s. 27A                 59
      Subdivision 7 -- Definition of disposition
60.   Section 222 amended                                           60
61.   Savings provision                                             61
      Subdivision 8 -- Recovery of amounts paid under
             maintenance orders
62.   Part 5 Division 7 Subdivision 7 inserted                      61
      Subdivision 7 -- Recovery of amounts paid under
             maintenance orders
      132A. Recovery of amounts paid, and property
                 transferred or settled, under maintenance
                 orders -- FLA s. 66X                         61
      Subdivision 9 -- Other miscellaneous amendments
63.   Section 5 amended                                             64
64.   Section 55 amended                                            64
65.   Section 57 amended                                            64
66.   Section 59 amended                                            64
67.   Section 61 amended                                            64
68.   Section 64 amended and transitional provision                 65
69.   Section 169 amended                                           66
70.   Section 205J amended and transitional provision               66
71.   Section 205H amended                                          67
72.   Section 205ZB amended                                         67
73.   Section 212 amended                                           67
74.   Section 222 amended                                           67
75.   Section 222A amended                                          68

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      76.     Section 226 amended                                         68
      77.     Section 237 amended and transitional provision              68
      78.     Section 238 amended                                         69
      79.     Section 243 amended                                         70
              Part 3 -- Amendments about shared
                   parental responsibilities
              Division 1 -- Amendments about shared
                    parental responsibilities
      80.     Section 5 amended                                           71
      81.     Heading inserted in Part 5 Division 1                       73
              Subdivision 1 -- Objects and principles
      82.     Section 66 replaced                                         73
              66.      Object of Part and principles underlying
                        it -- FLA s. 60B                              73
      83.     Subdivisions 2 and 3 inserted in Part 5 Division 1          75
              Subdivision 2 -- Best interests of the child
              66A.     Child's best interests paramount
                        consideration in making a parenting
                        order -- FLA s. 60CA                          75
              66B.     Proceedings to which Subdivision
                        applies -- FLA s. 60CB                        75
              66C.     How a court determines what is in a
                        child's best interests -- FLA s. 60CC         76
              66D.     How the views of a child are expressed --
                        FLA s. 60CD                                  80
              66E.     Children not required to express views --
                        FLA s. 60CE                                  80
              66F.     Informing court of relevant family violence
                        orders -- FLA s. 60CF                         80
              66G.     Court to consider risk of family violence --
                        FLA s. 60CG                                  81
              Subdivision 3 -- Family dispute resolution
              66H.     Attending family dispute resolution before
                        applying for Part 5 Order -- FLA s. 60I       81
              66I.     Family dispute resolution not attended
                        because of child abuse or family
                        violence -- FLA s. 60J                        86
              66J.     Court to take prompt action in relation to
                        allegations of child abuse or family
                        violence -- FLA s. 60K                        87
      84.     Sections 70A and 70B inserted                               89
              70A.     Presumption of equal shared parental
                        responsibility when making parenting
                        orders -- FLA s. 61DA                         89

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       70B.      Application of presumption of equal
                 shared parental responsibility after interim
                 parenting order made -- FLA s. 61DB              90
85.    Section 71A inserted                                             90
       71A.      Application to Aboriginal or Torres Strait
                 Islander children -- FLA s. 61F                  90
86.    Section 73 amended                                               90
87.    Section 76 amended                                               91
88.    Section 78A replaced                                             93
       78A.      Obligations of advisers -- FLA s. 63DA           93
89.    Section 79 amended                                               96
90.    Section 84 amended                                               96
91.    Section 85A inserted                                             99
       85A.      Parenting orders subject to later parenting
                 plans -- FLA s. 64D                              99
92.    Section 86 amended                                              100
93.    Section 86A replaced                                            100
       86A.      Child's best interests paramount
                 consideration in making a parenting
                 order -- FLA s. 65AA                            100
94.    Section 89 amended                                              101
95.    Sections 89AA, 89AB, 89AC and 89AD inserted                     101
       89AA. Court to consider child spending equal
                 time or substantial and significant time
                 with each parent in certain
                 circumstances -- FLA s. 65DAA                   101
       89AB. Court to have regard to parenting plans --
                 FLA s. 65DAB                                   103
       89AC. Effect of parenting order that provides for
                 shared parental responsibility -- FLA
                 s. 65DAC                                       104
       89AD. No need to consult on issues that are not
                 major long-term issues -- FLA s. 65DAE          104
96.    Section 90 repealed                                             105
97.    Section 92 amended                                              105
98.    Section 237A inserted                                           105
       237A. Costs where false allegation or statement
                 made -- FLA s. 117AB                            105
99.    Transitional provisions                                         106
       Division 2 -- Amendments about compliance
             regime
100.   Section 89 amended                                              107
101.   Part 5 Division 13 replaced                                     107


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              Division 13 -- Consequences of failure to comply
                     with orders, and other obligations, that affect
                     children
              Subdivision 1 -- Preliminary
              205A.     Simplified outline of Division -- FLA
                        s. 70NAA                                       107
              205B.     Application of Division -- FLA s. 70NAB         108
              205C.     Meaning of "contravened an order" -- FLA
                        s. 70NAC                                       108
              205D.     Requirements taken to be included in
                        certain orders -- FLA s. 70NAD                  109
              205E.     Meaning of "reasonable excuse for
                        contravening" an order -- FLA s. 70NAE          109
              205F.     Standard of proof -- FLA s. 70NAF               112
              Subdivision 2 -- Court's power to vary parenting
                    order
              205G.     Variation of parenting order -- FLA
                        s. 70NBA                                       113
              205H.     Effect of parenting plan -- FLA s. 70NBB        114
              Subdivision 3 -- Contravention alleged but not
                    established
              205I.     Application of Subdivision -- FLA
                        s. 70NCA                                       115
              205J.     Costs -- FLA s. 70NCB                           115
              Subdivision 4 -- Contravention established but
                    reasonable excuse for contravention
              205K.     Application of Subdivision -- FLA
                        s. 70NDA                                       116
              205L.     Order compensating person for time
                        lost -- FLA s. 70NDB                            117
              205M.     Costs -- FLA s. 70NDC                           117
              Subdivision 5 -- Contravention without reasonable
                    excuse (less serious contravention)
              205N.     Application of Subdivision -- FLA
                        s. 70NEA                                       118
              205O.     Powers of court -- FLA s. 70NEB                 120
              205P.     Bonds -- FLA s. 70NEC                           123
              205Q.     Duties of provider of post-separation
                        parenting program -- FLA s. 70NED               124
              205R.     Evidence -- FLA s. 70NEF                        125
              205S.     Court may make further orders in relation
                        to attendance at program -- FLA
                        s. 70NEG                                       125
              Subdivision 6 -- Contravention without reasonable
                    excuse (more serious contravention)
              205SA. Application of Subdivision -- FLA
                     s. 70NFA                                          126

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       205SB. Powers of court -- FLA s. 70NFB              127
       205SC. When court is empowered to make a
                 community service order -- FLA s. 70NFC   130
       205SD. Variation and discharge of community
                 service orders -- FLA s. 70NFD            132
       205SE. Bonds -- FLA s. 70NFE                        132
       205SF. Procedure for enforcing community
                 service orders or bonds -- FLA s. 70NFF   133
       205SG. Sentences of imprisonment -- FLA
                 s. 70NFG                                 134
       205SH. Relationship between Subdivision and
                 other laws -- FLA s. 70NFH                136
102.   Section 237 amended                                       136
103.   Transitional provisions                                   137
       Division 3 -- Amendments about the conduct of
             child-related proceedings
104.   Section 5 amended                                        137
105.   Part 5 Division 11A inserted                             138
       Division 11A -- Principles for conducting
              child-related proceedings
       Subdivision 1 -- Proceedings to which this Division
              applies
       202A. Proceedings to which this Division
                  applies -- FLA s. 69ZM                     138
       Subdivision 2 -- Principles for conducting
              child-related proceedings
       202B. Principles for conducting child-related
                  proceedings -- FLA s. 69ZN                 139
       202C. This Division also applies to proceedings
                  in Chambers -- FLA s. 69ZO                 140
       202D. Powers under this Division may be
                  exercised on court's own initiative -- FLA
                  s. 69ZP                                   140
       Subdivision 3 -- Duties and powers related to giving
              effect to the principles
       202E. General duties -- FLA s. 69ZQ                   140
       202F. Power to make determinations, findings
                  and orders at any stage of proceedings --
                  FLA s. 69ZR                               141
       202G. Use of family consultants -- FLA s. 69ZS 142
       Subdivision 4 -- Matters relating to evidence
       202H. Rules of evidence not to apply unless
                  court decides -- FLA s. 69ZT               142
       202I.      Evidence of family consultants -- FLA
                  s. 69ZU                                   143
       202J.      Evidence of children -- FLA s. 69ZV        143

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              202K.     Evidence relating to child abuse or family
                        violence -- FLA s. 69ZW                        144
              202L. Court's general duties and powers relating
                        to evidence -- FLA s. 69ZX                     146
     106.     Section 214 repealed                                          147
     107.     Transitional provision                                        148
              Division 4 -- Amendments about changes to
                    dispute resolution
              Subdivision 1 -- Amendments
     108.     Section 5 amended                                             148
     109.     Section 25 amended                                            150
     110.     Section 33 amended                                            151
     111.     Section 33A inserted                                          151
              33A.      Engagement of consultants etc. -- FLA
                        s. 38R                                        151
     112.     Part 2 Division 4 replaced                                    152
              Division 4 -- Administration of Court's family
                     services
              34.       Director of Court Counselling has
                        functions of family consultants -- FLA
                        s. 38BA                                       152
              34A.      Director of Court Counselling may
                        delegate powers and functions that relate
                        to family consultants -- FLA s. 38BB           152
              34B.      Director of Court Counselling may give
                        directions that relate to family services
                        functions -- FLA s. 38BC                       153
              34C.      Director of Court Counselling may
                        authorise officer or staff member to act as
                        family counsellor or family dispute
                        resolution practitioner -- FLA s. 38BD         153
              34D.      Director of Court Counselling may engage
                        persons to perform family counselling
                        services -- FLA s. 38R(1A)                     154
     113.     Section 40 amended                                            154
     114.     Section 46 amended                                            154
     115.     Part 4 replaced by Parts 4, 4A, 4B and 4C                     155
              Part 4 -- Non-court based family services
              Division 1 -- Family counselling
              47.       Meaning of "family counselling" -- FLA
                        s. 10B                                        155
              48.       Meaning of "family counsellor" -- FLA
                        s. 10C                                        155
              49.       Confidentiality of communications in family
                        counselling -- FLA s. 10D                      156
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50.      Admissibility of communications in family
         counselling and in referrals from family
         counselling -- FLA s. 10E                      157
Division 2 -- Family dispute resolution
51.      Meaning of "family dispute resolution" --
         FLA s. 10F                                    158
52.      Meaning of "family dispute resolution
         practitioner" -- FLA s. 10G                    159
53.      Confidentiality of communications in family
         dispute resolution -- FLA s. 10H               159
54.      Admissibility of communications in family
         dispute resolution and in referrals from
         family dispute resolution -- FLA s. 10J        161
55.      Family dispute resolution practitioners
         must comply with regulations -- FLA
         s. 10K                                        162
Division 3 -- Arbitration
56.      Meaning of "arbitration" -- FLA s. 10L         162
57.      Meaning of "arbitrator" -- FLA s. 10M          163
58.      Arbitrators may charge fees for their
         services -- FLA s. 10N                         163
59.      Immunity of arbitrators -- FLA s. 10P          163
Part 4A -- Family consultants
Division 1 -- About family consultants
60.      Functions of family consultants -- FLA
         s. 11A                                        163
61.      Meaning of "family consultant" -- FLA
         s. 11B                                        164
62.      Admissibility of communications with
         family consultants and referrals from
         family consultants -- FLA s. 11C               164
63.      Immunity of family consultants -- FLA
         s. 11D                                        165
Division 2 -- Courts' use of family consultants
64.      Courts to consider seeking advice from
         family consultants -- FLA s. 11E               165
65.      Court may order parties to attend
         appointments with a family consultant --
         FLA s. 11F                                    166
65A.     Consequences of failure to comply with
         order under section 65 -- FLA s. 11G           167
Part 4B -- Obligations to inform people about
       non-court based family services and about
       court's processes and services
Division 1 -- Introduction
65B.     Objects of this Part -- FLA s. 12A             167

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              Division 2 -- Kind of information to be provided
              65C.      Prescribed information about non-court
                        based family services and court's
                        processes and services -- FLA s. 12B          168
              65D.      Prescribed information about
                        reconciliation -- FLA s. 12C                  169
              65E.      Prescribed information about Part 5
                        proceedings --FLA s. 12D                      169
              Division 3 -- Who must provide information and
                     when
              65F.      Obligations on legal practitioners -- FLA
                        s. 12E                                       169
              65G.      Obligations on executive manager -- FLA
                        s. 12F                                       170
              65H.      Obligations on family counsellors, family
                        dispute resolution practitioners and
                        arbitrators -- FLA s. 12G                     171
              Part 4C -- Court's powers in relation to court and
                     non-court based family services
              Division 1 -- Introduction
              65I.      Objects of this Part -- FLA s. 13A            171
              Division 2 -- Help with reconciliation
              65J.      Court to accommodate possible
                        reconciliations -- FLA s. 13B                 172
              Division 3 -- Referrals to family counselling, family
                     dispute resolution and other family services
              65K.      Court may refer parties to family
                        counselling, family dispute resolution and
                        other family services -- FLA s. 13C           173
              65L.      Consequences of failure to comply with
                        order under section 65K -- FLA s. 13D         174
              Division 4 -- Court's role in relation to arbitration
                     of disputes
              65M.     Court may refer Part 5A proceedings to
                       arbitration -- FLA s. 13E                      174
              65N.     Court may make orders to facilitate
                       arbitration of certain disputes -- FLA
                       s. 13F                                        175
              65O.     Court may determine questions of law
                       referred by arbitrator -- FLA s. 13G           175
              65P.     Awards made in arbitration may be
                       registered in court -- FLA s. 13H              176
              65Q.     Court can review registered awards --
                       FLA s. 13J                                    176
              65R.     Court may set aside registered awards --
                       FLA s. 13K                                    176
      116.    Heading to Part 5 Division 3 replaced                        177

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       Division 3 -- Reports relating to children under 18
117.   Section 72 replaced                                          178
       72.       Court's obligation to inform people to
                 whom orders under this Part apply about
                 family counselling, family dispute
                 resolution and other family services --
                 FLA s. 62B                                  178
118.   Section 73 amended                                           178
119.   Section 91 amended                                           179
120.   Section 95 amended                                           179
121.   Section 95A amended                                          180
122.   Section 95B inserted                                         180
       95B.      Conditions for providers of post-separation
                 parenting programs -- FLA s. 65LB            180
123.   Section 160 amended                                          182
124.   Section 217 amended                                          182
125.   Section 244 amended                                          182
126.   Section 245 amended                                          187
       Subdivision 2 -- Transitional provisions
127.   Interpretation                                               189
128.   Arbitration awards registered under section 60A or
       60B are taken to be registered under section 65P             189
129.   Powers under Part 4C Division 4 of the Family
       Court Act 1997 may be exercised in relation to
       section 60A arbitration and private arbitration              189
130.   Request for counselling under section 52                     190
131.   Orders under section 72(2)                                   190
132.   Reports under section 73                                     190
133.   Pre-parenting order counselling for the purposes of
       section 72                                                   191
134.   Supervision etc. of parenting orders                         191
135.   Transitional regulations                                     191
       Division 5 -- Amendments about representation
             of child's interests by independent
             children's lawyer
136.   Section 5 amended                                            192
137.   Part 5 Division 9 replaced                                   193
       Division 9 -- Independent representation of
              child's interests
       164.      Court order for independent
                 representation of child's interests -- FLA
                 s. 68L                                      193

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              165.      Role of independent children's lawyer --
                        FLA s. 68LA                                     194
              166.      Order that child be made available for
                        examination -- FLA s. 68M                        196
      138.    Section 195 amended                                             197
      139.    Section 201 amended                                             197
      140.    Section 237 amended                                             197
      141.    Transitional provisions                                         198
              Division 6 -- Amendments about family
                    violence
      142.    Part 5 Division 10 replaced and consequential
              amendment                                                       199
              Division 10 -- Family violence
              173.      Purposes of this Division -- FLA s. 68N          199
              174.      Obligations of court making an order or
                        granting an injunction under this Act that is
                        inconsistent with an existing family
                        violence order -- FLA s. 68P                     200
              175.      Relationship of order or injunction made
                        under this Act with existing inconsistent
                        family violence order -- FLA s. 68Q              202
              176.      Power of court making a family violence
                        order to revive, vary, discharge or
                        suspend an existing order, injunction or
                        arrangement under this Act -- FLA s. 68R         203
              177.      Application of Act and rules when
                        exercising section 176 power -- FLA
                        s. 68S                                          205
              178.      Special provisions relating to proceedings
                        to make an interim (or interim variation of)
                        family violence order -- FLA s. 68T              206
      143.    Transitional provisions                                         207
              Division 7 -- Amendments about removal of
                    references to "residence" and "contact"
      144.    Section 5 amended                                               207
      145.    Section 71 amended                                              208
      146.    Section 76 amended                                              208
      147.    Section 80 amended                                              209
      148.    Section 92 amended                                              209
      149.    Section 94 amended                                              210
      150.    Heading to Part 5 Division 6 Subdivision 3
              replaced                                                        210



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       Subdivision 3 -- General obligations created by
             certain parenting orders
151.   Section 96 amended                                          210
152.   Sections 97 and 98 replaced by sections 97, 98 and
       98A                                                         211
       97.      General obligations created by parenting
                order that deals with whom a child spends
                time with -- FLA s. 65N                      211
       98.      General obligations created by parenting
                order that deals with whom a child
                communicates with -- FLA s. 65NA             211
       98A.     General obligations created by parenting
                order that allocates parental
                responsibility -- FLA s. 65P                 212
153.   Section 99 amended                                          212
154.   Section 106 amended                                         213
155.   Section 107 amended                                         213
156.   Section 108 amended                                         213
157.   Section 109 amended                                         213
158.   Section 110 amended                                         214
159.   Section 144 amended                                         214
160.   Section 149 amended                                         214
161.   Section 152 amended                                         215
162.   Section 198 amended                                         216
163.   Section 199 amended                                         216
164.   Section 205ZH amended                                       216
165.   Section 205ZV amended                                       217
166.   Section 206 amended                                         217
167.   Section 209 amended                                         217
168.   Section 235 amended                                         218
169.   Section 238 amended                                         218
       Division 8 -- Amendments about the relocation
             of defined terms used in Part 5 of the
             Family Court Act 1997
170.   Section 5 amended                                     219
171.   Sections 6 and 7 replaced by sections 6, 7 and 7A     226
       6.       Meaning of "member of the family" -- FLA
                 s. 4(1AB)                               226
       7.       Meaning of "relative" -- FLA s. 4(1AC)    227
       7A.      Meaning of "major long-term issues" --
                 FLA s. 4(1)                             228
172.   Section 33 amended                                    229
173.   Section 100 amended                                   229

                                                                  page xv
Family Legislation Amendment Bill 2006

Contents




      174.    Section 134 repealed                                      229
      175.    Section 142 repealed                                      229
      176.    Section 203 repealed                                      229
      177.    Section 220A amended                                      229
              Part 4 -- Amendments about the
                   interaction between family law
                   and bankruptcy law
      178.    Section 5 amended                                         230
      179.    Section 7B inserted                                       232
              7B.      Meaning of "debtor subject to a personal
                        insolvency agreement" -- FLA s. 4A         232
      180.    Section 45 amended                                        232
      181.    Section 205T amended                                      233
      182.    Section 205W amended                                      233
      183.    Section 205ZC amended                                     233
      184.    Section 205ZCA inserted                                   234
              205ZCA. Powers of court in maintenance
                        proceedings -- FLA s. 74                   234
      185.    Section 205ZD amended                                     236
      186.    Section 205ZG amended                                     238
      187.    Section 205ZH amended                                     245
      188.    Sections 205ZHE, 205ZHF, 205ZHG and 205ZHH
              inserted                                                  247
              205ZHE. Notifying third parties about application --
                        FLA s. 79F                                247
              205ZHF. Notifying bankruptcy trustee etc. about
                        application under section 205ZA, 205ZCA,
                        205ZG or 205ZH -- FLA s. 79G               247
              205ZHG. Notifying court about bankruptcy etc. --
                        FLA s. 79H                                247
              205ZHH. Notifying non-bankrupt de facto partner
                        about application under section 139A of
                        the Bankruptcy Act -- FLA s. 79J           249
      189.    Section 205ZI amended                                     250
      190.    Section 205ZL amended and transitional provision          250
      191.    Section 205ZP amended                                     251
      192.    Section 205ZPA inserted                                   251
              205ZPA. Need for separation declaration for certain
                        provisions of financial agreement to take
                        effect -- FLA s. 90DA                      251
      193.    Section 222 amended                                       253
      194.    Section 235A amended                                      254

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                            Family Legislation Amendment Bill 2006

                                                          Contents




195.   Transitional provisions                              255
       Part 5 -- Child Support (Adoption of
            Laws) Act 1990
196.   Purpose of Part                                      257
197.   The Act amended                                      258
198.   Section 3 amended                                    258
199.   Section 4 amended                                    258
       Part 6 -- Consequential amendments
            to other Acts
       Division 1 -- Children and Community Services
             Act 2004 amended
200.   The Act amended                                      259
201.   Section 104 amended                                  259
202.   Section 198 amended                                  260
203.   Section 238 amended                                  260
       Division 2 -- Guardianship and Administration
             Act 1990 amended
204.   The Act amended                                      261
205.   Section 45 amended                                   261
       Division 3 -- Restraining Orders Act 1997
             amended
206.   The Act amended                                      261
207.   Section 5 amended                                    262
208.   Section 62 amended                                   263




                                                          page xvii
                           Western Australia

                     LEGISLATIVE ASSEMBLY

                        (Proforma amendments)

     Family Legislation Amendment Bill 2006

                               A Bill for

An Act to amend --
•    the Family Court Act 1997;
•    the Child Support (Adoption of Laws) Act 1990;
•    the Children and Community Services Act 2004;
•    the Guardianship and Administration Act 1990; and
•    the Restraining Orders Act 1997,
and for related purposes.


The Parliament of Western Australia enacts as follows:




                                                         page 1
     Family Legislation Amendment Bill 2006
     Part 1          Preliminary
     s. 1




                             Part 1 -- Preliminary
     1.        Short title
               This is the Family Legislation Amendment Act 2006.
     2.        Commencement
5         (1) Subject to this section, this Act comes into operation on a day
              fixed by proclamation.
          (2) Different days may be fixed under subsection (1) for different
              provisions.
     3.        The Act amended
10             Except in Parts 5 and 6, the amendments in this Act are to the
               Family Court Act 1997*.
               [* Reprint 2 as at 14 April 2006.]




     page 2
                                        Family Legislation Amendment Bill 2006
                                      Miscellaneous amendments                 Part 2

                Removal of requirements to register parenting plans     Division 1

                                                                                 s. 4




                   Part 2 -- Miscellaneous amendments
            Division 1 -- Removal of requirements to register
                            parenting plans
     4.     Section 5 amended
5               Section 5 is amended by inserting in the appropriate
                alphabetical position --
                 "
                      "registered parenting plan" has the meaning given by
                           section 76(6);
10                                                                                ".
     5.         Section 74 amended
                Section 74 is amended by deleting "and provides for their
                registration in courts".
     6.         Section 75 replaced
15              Section 75 is repealed and the following section is inserted
                instead --
     "
          75.         Parents encouraged to reach agreement --
                      FLA s. 63B
20                    The parents of a child are encouraged --
                       (a) to agree about matters concerning the child; and
                       (b) to take responsibility for their parenting
                             arrangements and for resolving parental
                             conflict; and
25                     (c) to use the legal system as a last resort rather
                             than a first resort; and
                       (d) to minimise the possibility of present and future
                             conflict by using or reaching an agreement; and


                                                                            page 3
     Family Legislation Amendment Bill 2006
     Part 2          Miscellaneous amendments
     Division 1      Removal of requirements to register parenting plans
     s. 7




                            (e) in reaching their agreement, to regard the best
                                interests of the child as the paramount
                                consideration.
                                                                                   ".
5    7.             Section 76 amended
                    After section 76(5) the following subsection is inserted --
              "
                    (6) A registered parenting plan is a parenting plan --
                         (a) that was registered in a court under section 79
10                              as in force at any time before the
                                commencement of section 7 of the Family
                                Legislation Amendment Act 2006; and
                         (b) that continued to be registered immediately
                                before that section commenced.
15                                                                                 ".
     8.             Section 78 replaced
                    Section 78 is repealed and the following section is inserted
                    instead --
     "
20            78.         Parenting plan may be varied or revoked by further
                          written agreement -- FLA s. 63D
                          A parenting plan, other than a plan to which
                          section 78B applies, may be varied or revoked by
                          agreement in writing between the parties to the plan.
25                                                                                 ".




     page 4
                                     Family Legislation Amendment Bill 2006
                                   Miscellaneous amendments            Part 2

             Removal of requirements to register parenting plans  Division 1

                                                                           s. 9




     9.     Section 78A replaced by sections 78A and 78B
            Section 78A is repealed and the following sections are inserted
            instead --
     "
5         78A.   Explanation by person advising or assisting in the
                 making of a parenting plan -- FLA s. 63DA
                 If a person who is --
                    (a) a family and child counsellor; or
                   (b) a family and child mediator; or
10                  (c) a legal practitioner,
                 gives advice or assistance to people in connection with
                 the making by them of a parenting plan, the person
                 must explain to them, in language likely to be readily
                 understood by them, the availability of programs to
15               help people who experience difficulties in complying
                 with a parenting plan.
          78B.   Registered parenting plans -- FLA s. 63DB
            (1) This section applies to a registered parenting plan.
            (2) A registered parenting plan continues in force until
20              revoked in accordance with section 79, or set aside,
                varied or discharged as referred to in section 82.
            (3) A registered parenting plan cannot be varied.
            (4) Subject to subsection (5), a registered parenting plan
                may be revoked by agreement in writing between the
25              parties to the plan.
            (5) An agreement revoking a registered parenting plan --
                  (a) may, in accordance with the rules, be registered
                         in a court, under section 79; and
                  (b) does not have effect to revoke the plan until it
30                       is so registered.
                                                                            ".

                                                                      page 5
     Family Legislation Amendment Bill 2006
     Part 2          Miscellaneous amendments
     Division 1      Removal of requirements to register parenting plans
     s. 10




     10.            Section 79 replaced
                    Section 79 is repealed and the following section is inserted
                    instead --
     "
5             79.         Registration of a revocation of a registered
                          parenting plan -- FLA s. 63E
                    (1) This section applies to a registered parenting plan (the
                        "plan").
                    (2) To apply for registration of an agreement (the
10                      "revocation agreement") revoking a registered
                        parenting plan --
                          (a) an application for registration of the revocation
                                 agreement must be lodged in accordance with
                                 the rules; and
15                        (b) the application must be accompanied by --
                                    (i) a copy of the revocation agreement; and
                                   (ii) the information required by the rules;
                                         and
                                  (iii) a statement, in relation to each party,
20                                       that is to the effect that the party has
                                         been provided with independent legal
                                         advice as to the meaning and effect of
                                         the revocation agreement and that is
                                         signed by the legal practitioner who
25                                       provided that advice.
                    (3) A court may register the revocation agreement if it
                        considers it appropriate to do so having regard to the
                        best interests of the child to whom the agreement
                        relates.




     page 6
                                         Family Legislation Amendment Bill 2006
                                       Miscellaneous amendments              Part 2

                 Removal of requirements to register parenting plans    Division 1

                                                                                s. 11




                 (4) In determining whether it is appropriate to register the
                     revocation agreement, a court --
                       (a) must have regard to the information
                             accompanying the application for registration;
5                            and
                       (b) may, but is not required to, have regard to all or
                             any of the matters set out in section 166(2).
                                                                                  ".
     11.         Section 80 amended
10               Section 80(1) is repealed and the following subsection is
                 inserted instead --
             "
                 (1) This section applies to a registered parenting plan that
                     contains child welfare provisions.
15                                                                                ".
     12.         Section 81 amended
                 Section 81(1) is repealed and the following subsection is
                 inserted instead --
             "
20               (1) This section applies if a registered parenting plan
                     contains child maintenance provisions.
                                                                                  ".
     13.         Section 82 amended
           (1) Before section 82(1) the following subsection is inserted --
25            "
                (1a) This section applies to a registered parenting plan.
                                                                             ".
           (2) Section 82(1) is amended by deleting "parenting plan registered
               under section 79" and inserting instead --
30             " registered parenting plan ".

                                                                             page 7
     Family Legislation Amendment Bill 2006
     Part 2          Miscellaneous amendments
     Division 1      Removal of requirements to register parenting plans
     s. 14




           (3) Section 82(3) is amended by deleting paragraph (d) and
               inserting instead --
                    "
                       (d) section 176, under which a court may revive,
5                             vary, discharge or suspend a registered
                              parenting plan.
                                                                                 ".
     14.        Section 174 amended
                Section 174 is amended in the definition of "Division 10 contact
10              order" by deleting paragraph (b)(iv) and inserting instead --
                            "
                              (iv) a registered parenting plan;
                                                                              ".
     15.        Section 205A amended
15              Section 205A is amended in the definition of "order under this
                Act affecting children" as follows:
                  (a) by deleting paragraph (e) and inserting instead --
                       "
                           (e) a registered parenting plan; or
20                                                                             ";
                  (b) after each of paragraphs (a) and (b) and paragraph (f)(i)
                      by inserting --
                      " or ".
     16.        Section 221 amended
25              Section 221(1)(b) is amended by deleting "parenting plan
                registered under section 79" and inserting instead --
                " registered parenting plan ".




     page 8
                                      Family Legislation Amendment Bill 2006
                                    Miscellaneous amendments               Part 2

                              Use of audio links, video links, etc.  Division 2

                                                                            s. 17




             Division 2 -- Use of audio links, video links, etc.
     17.     Section 5 amended
             Section 5 is amended by inserting in the appropriate
             alphabetical positions --
5             "
                  (FLA s. 4(1))
                  "audio link" means facilities (for example, telephone
                       facilities) that enable audio communication
                       between persons in different places;
10                (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;
15                                                                             ".
     18.     Heading to Part 8 Division 1 inserted
             Before section 212 the following heading is inserted in Part 8 --
     "
            Division 1 -- General matters concerning procedure
20                            and evidence
                                                                               ".
     19.     Part 8 Division 2 inserted
             After section 219 the following Division is inserted in Part 8 --
     "
25            Division 2 -- Use of video link, audio link or other
           appropriate means to give testimony, make appearances
                          and give submissions etc.
           219AA. Evidence Act 1906 not excluded
                  This Division is in addition to and does not limit the
30                operation of the Evidence Act 1906.

                                                                           page 9
     Family Legislation Amendment Bill 2006
     Part 2          Miscellaneous amendments
     Division 2      Use of audio links, video links, etc.
     s. 19




              219AB. Testimony -- FLA s. 102C
                (1) A court or a judge may, for the purposes of any
                    proceedings, direct or allow testimony to be given by
                    video link, audio link or other appropriate means.
5               (2) The testimony must be given on oath or affirmation
                    unless --
                       (a) the person giving the testimony is in a foreign
                             country; and
                       (b) either --
10                              (i) the law in force in that country does not
                                     permit the person to give testimony on
                                     oath or affirmation for the purposes of
                                     the proceedings; or
                               (ii) the law in force in that country would
15                                   make it inconvenient for the person to
                                     give testimony on oath or affirmation
                                     for the purposes of the proceedings;
                             and
                       (c) the court or a judge is satisfied that it is
20                           appropriate for the testimony to be given
                             otherwise than on oath or affirmation.
                (3) If the testimony is given otherwise than on oath or
                    affirmation, the court or a judge must give the
                    testimony such weight as the court or the judge thinks
25                  fit in the circumstances.
                (4) The power conferred on the court or a judge by
                    subsection (1) may be exercised --
                       (a) on the application of a party to the proceedings
                             concerned; or
30                     (b) on the court's own initiative or on the judge's
                             own initiative, as the case may be.


     page 10
                               Family Legislation Amendment Bill 2006
                             Miscellaneous amendments            Part 2

                       Use of audio links, video links, etc. Division 2

                                                                  s. 19




       (5) This section applies whether the person giving
           testimony is in or outside Australia, but does not allow
           testimony to be given by a person who is in
           New Zealand.
5    219AC. Appearance of persons -- FLA s. 102D
       (1) A court or a judge may, for the purposes of any
           proceedings, direct or allow a person to appear before
           the court or the judge by way of video link, audio link
           or other appropriate means.
10     (2) The power conferred on a court or a judge by
           subsection (1) may be exercised --
             (a) on the application of a party to the proceedings
                   concerned; or
             (b) on the court's own initiative or on the judge's
15                 own initiative, as the case may be.
       (3) This section applies whether the person appearing is in
           or outside Australia, but does not apply if the person
           appearing is in New Zealand.
     219AD. Making of submissions -- FLA s. 102E
20     (1) A court or a judge may, for the purposes of any
           proceedings, direct or allow a person to make a
           submission to the court or the judge by way of video
           link, audio link or other appropriate means.
       (2) The power conferred on a court or a judge by
25         subsection (1) may be exercised --
              (a) on the application of a party to the proceedings
                   concerned; or
             (b) on the court's own initiative or on the judge's
                   own initiative, as the case may be.
30     (3) This section applies whether the person making the
           submission is in or outside Australia, but does not

                                                               page 11
     Family Legislation Amendment Bill 2006
     Part 2          Miscellaneous amendments
     Division 2      Use of audio links, video links, etc.
     s. 19




                      apply if the person making the submission is in
                      New Zealand.
              219AE. Conditions for use of links -- FLA s. 102F
                (1) A court or a judge must not exercise the power
5                   conferred by section 219AB(1), 219AC(1) or
                    219AD(1) in relation to a video link unless the court or
                    the judge is satisfied that the following conditions are
                    met in relation to the video link --
                      (a) the courtroom is equipped with facilities (for
10                          example, television monitors) that enable all
                            eligible persons present in that courtroom to see
                            and hear the person (the remote person) who
                            is --
                               (i) giving the testimony; or
15                            (ii) appearing; or
                             (iii) making the submission,
                            as the case may be, by way of the video link;
                            and
                      (b) the place at which the remote person is located
20                          is equipped with facilities (for example,
                            television monitors) that enable all eligible
                            persons present in that place to see and hear
                            each eligible person who is present in the
                            courtroom; and
25                    (c) such other conditions (if any) as are prescribed
                            by the rules in relation to the video link; and
                      (d) such other conditions (if any) as are imposed by
                            the court or a judge.
                (2) The conditions that may be prescribed by the rules in
30                  accordance with subsection (1)(c) include conditions
                    relating to --
                      (a) the form of the video link; and

     page 12
                              Family Legislation Amendment Bill 2006
                            Miscellaneous amendments            Part 2

                      Use of audio links, video links, etc. Division 2

                                                                 s. 19




           (b) the equipment, or class of equipment, used to
                 establish the link; and
           (c) the layout of cameras; and
           (d) the standard of transmission; and
5          (e) the speed of transmission; and
           (f) the quality of communication.
     (3) A court or a judge must not exercise the power
         conferred by section 219AB(1), 219AC(1) or
         219AD(1) in relation to an audio link unless the court
10       or a judge is satisfied that the following conditions are
         met in relation to the audio link --
           (a) the courtroom is equipped with facilities (for
                 example, loudspeakers) that enable all eligible
                 persons present in that courtroom to hear the
15               person (the remote person) who is --
                    (i) giving the testimony; or
                   (ii) appearing; or
                  (iii) making the submission,
                 as the case may be, by way of the audio link;
20               and
           (b) the place at which the remote person is located
                 is equipped with facilities (for example,
                 loudspeakers) that enable all eligible persons
                 present in that place to hear each eligible
25               person who is present in the courtroom or other
                 place where the court or the judge is sitting; and
           (c) such other conditions (if any) as are prescribed
                 by the rules in relation to the audio link; and
           (d) such other conditions (if any) as are imposed by
30               the court or a judge.




                                                              page 13
     Family Legislation Amendment Bill 2006
     Part 2          Miscellaneous amendments
     Division 2      Use of audio links, video links, etc.
     s. 19




                (4) The conditions that may be prescribed by the rules in
                    accordance with subsection (3)(c) include conditions
                    relating to --
                      (a) the form of the audio link; and
5                     (b) the equipment, or class of equipment, used to
                             establish the audio link; and
                      (c) the standard of transmission; and
                      (d) the speed of transmission; and
                      (e) the quality of communication.
10              (5) A court or a judge must not exercise the power
                    conferred by section 219AB(1), 219AC(1) or
                    219AD(1) in relation to appropriate means other than
                    video link or audio link unless the court or the judge is
                    satisfied that the following conditions are met in
15                  relation to that means --
                      (a) the conditions (if any) as are prescribed by the
                             rules in relation to that other appropriate means;
                             and
                      (b) such other conditions (if any) as are imposed by
20                           the court or the judge.
                (6) For the purposes of the application of this section to
                    particular proceedings, eligible persons are such
                    persons as the court or the judge considers should be
                    treated as eligible persons for the purposes of the
25                  proceedings.
                (7) In this section --
                    "courtroom" means the courtroom or other place
                         where the judge or court is sitting.
              219AF. Putting documents to a person -- FLA s. 102G
30              (1) This section applies if, in the course of an examination
                    or appearance of a person by video link, audio link or
                    other appropriate means in accordance with this

     page 14
                               Family Legislation Amendment Bill 2006
                             Miscellaneous amendments           Part 2

                       Use of audio links, video links, etc.Division 2

                                                                 s. 19




           Division, it is necessary to put a document to the
           person.
       (2) A court or a judge may direct or allow the document to
           be put to the person --
5            (a) if the document is physically present in the
                   courtroom or other place where the court or the
                   judge is sitting --
                      (i) by causing a copy of the document to be
                            transmitted to the place where the
10                          person is located; and
                     (ii) by causing the transmitted copy to be
                            put to the person;
                   or
             (b) if the document is physically present in the
15                 place where the person is located --
                      (i) by causing the document to be put to the
                            person; and
                     (ii) by causing a copy of the document to be
                            transmitted to the courtroom or other
20                          place where the court or the judge is
                            sitting.
     219AG. Administration of oaths and affirmations --
            FLA s. 102J
            An oath to be sworn, or an affirmation to be made, by a
25          person (the "remote person") who is to give testimony
            by video link, audio link or other appropriate means in
            accordance with this Division may be administered --
              (a) by means of the video link or audio link, as the
                   case may be, in a way that, as nearly as
30                 practicable, corresponds to the way in which
                   the oath or affirmation would be administered if
                   the remote person were to give testimony in the


                                                              page 15
     Family Legislation Amendment Bill 2006
     Part 2          Miscellaneous amendments
     Division 2      Use of audio links, video links, etc.
     s. 19




                           courtroom or other place where the court or the
                           judge is sitting; or
                       (b) if the court or the judge allows another person
                           who is present at the place where the remote
5                          person is located to administer the oath or
                           affirmation, by that other person.
              219AH. Expenses -- FLA s. 102K
                (1) A court or a judge may make such orders as the court
                    or the judge thinks just for the payment of expenses,
10                  including the court's expenses, incurred in connection
                    with --
                      (a) the giving of testimony by video link, audio
                             link or other appropriate means in accordance
                             with this Division; or
15                    (b) the appearance of a person by video link, audio
                             link or other appropriate means in accordance
                             with this Division; or
                      (c) the making of submissions by video link, audio
                             link or other appropriate means in accordance
20                           with this Division.
                (2) Subsection (1) has effect subject to the regulations.
              219AI. New Zealand proceedings -- FLA s. 102L
                     This Division does not affect the operation of the
                     Evidence and Procedure (New Zealand) Act 1994 of
25                   the Commonwealth.
                                                                             ".




     page 16
                                        Family Legislation Amendment Bill 2006
                                      Miscellaneous amendments             Part 2

                                     Parenting compliance regime       Division 3

                                                                            s. 20




     20.     Section 244 amended
             Section 244(3) is amended as follows:
               (a) by inserting after paragraph (m) --
                  "
5                   (n) for the purposes of Part 8 Division 2, providing
                          for the conditions relating to the use of video
                          links, audio links and other appropriate means
                          of communication; and
                                                                                ";
10                (b) after each of paragraphs (a) to (m) and (o) to (zaa) by
                      inserting --
                      " and ".
     21.     Transitional provision
             The Family Court Act 1997, as amended by this Division,
15           applies in relation to proceedings instituted in a court (within
             the meaning of that Act section 8) before, on or after the
             commencement of this Division.
               Division 3 -- Parenting compliance regime
     22.     Section 95A inserted
20           After section 95 the following section is inserted --
     "
           95A.       Court may order attendance at a post-separation
                      parenting program -- FLA s. 65LA
             (1) In proceedings for a parenting order, the court may also
25               make an order in respect of any party to the
                 proceedings as follows --
                   (a) directing the party or each party to attend
                        before a provider so that the provider can make
                        an initial assessment as to the suitability of the
30                      party concerned to attend a program;

                                                                         page 17
     Family Legislation Amendment Bill 2006
     Part 2          Miscellaneous amendments
     Division 3      Parenting compliance regime
     s. 23




                      (b) if a party so attending before a provider is
                             assessed by the provider to be suitable to attend
                             a program or a part of a program and the
                             provider nominates a particular program for the
5                            party to attend, directing the party to attend that
                             program or that part of that program.
                (2) In deciding whether to make a particular order under
                    subsection (1), a court must regard the best interests of
                    the child as the paramount consideration.
10              (3) In this section --
                    "post-separation parenting program" or "program"
                         has the same meaning as in section 70NB of the
                         Family Law Act;
                    "post-separation parenting program provider" or
15                       "provider" means a provider of a program that is
                         included in a list of providers compiled under the
                         Family Law Act;
                    "proceedings for a parenting order" includes --
                         (a) proceedings for the enforcement of a
20                              parenting order; and
                         (b) any other proceedings in which a
                                contravention of a parenting order is alleged.
                                                                                   ".
     23.        Section 102 amended
25              Section 102(1)(b) is amended by deleting "section 226" and
                inserting instead --
                " Division 13 ".
     24.        Section 205A amended
           (1) Section 205A is amended by deleting the definition of
30             " "appropriate post-separation parenting program" or
               "appropriate program" ".

     page 18
                                   Family Legislation Amendment Bill 2006
                                 Miscellaneous amendments            Part 2

                                Parenting compliance regime      Division 3

                                                                      s. 24




     (2) Section 205A is amended in the definition of "order under this
         Act affecting children" as follows:
           (a) by deleting paragraph (c) and inserting instead --
                "
5                   (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
10                               service order referred to in
                                 paragraph (ea); or
                           (ii) that relates to a bond referred to in
                                 paragraph (f);
                         or
15                                                                         ".
            (b) by deleting paragraph (d) and inserting instead --
               "
                  (d) a subpoena issued under the rules in
                         proceedings under this Act --
20                         (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 (ea); or
25                        (ii) that relates to a bond referred to in
                                paragraph (f),
                         being a subpoena issued to a party to the
                         proceedings for the order, injunction or
                         bond, as the case may be; or
30                                                                         ".




                                                                   page 19
     Family Legislation Amendment Bill 2006
     Part 2          Miscellaneous amendments
     Division 3      Parenting compliance regime
     s. 25




                  (c) by inserting after paragraph (e) --
                     "
                       (ea) a community service order made under
                               section 205L(5)(a); or
5                                                                               ".
           (3) Section 205A is amended by inserting in the appropriate
               alphabetical position --
                  "
                      "post-separation parenting program provider" or
10                        "provider" means a provider of a program that is
                          included in a list of providers compiled under the
                          Family Law Act;
                                                                            ".
           (4) Section 205A is amended by deleting the definition of "primary
15             order" and inserting instead --
                 "
                     "primary order" means an order under this Act
                         affecting children and includes such an order as
                         varied;
20                                                                          ".
     25.        Section 205G amended
           (1) Section 205G(1) is amended as follows:
                (a) in paragraph (a) by deleting "an order under this Act
                      affecting children (the "primary order")" and inserting
25                    instead --
                      " a primary order ";
                (b) by deleting paragraph (d) and inserting instead --
                    "
                      (d) either subsection (1a) or (1b) applies,
30                                                                              ";



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                                 Miscellaneous amendments             Part 2

                                Parenting compliance regime       Division 3

                                                                       s. 25




             (c) after each of paragraphs (a) and (b) by inserting --
                   " and ".
     (2) After section 205G(1) the following subsections are inserted --
        "
5         (1a) For the purposes of subsection (1)(d), this subsection
                 applies if no court has previously --
                   (a) made an order imposing a sanction or taking an
                         action in respect of a contravention by the
                         person of the primary order; or
10                 (b) under section 205H(1)(c), adjourned
                         proceedings in respect of a contravention by the
                         person of the primary order.
          (1b) For the purposes of subsection (1)(d), this subsection
                 applies if --
15                 (a) a court has previously --
                            (i) made an order imposing a sanction or
                                 taking an action in respect of a
                                 contravention by the person of the
                                 primary order; or
20                         (ii) under section 205H(1)(c), adjourned
                                 proceedings in respect of a
                                 contravention by the person of the
                                 primary order;
                         and
25                 (b) the court, in dealing with the current
                         contravention, is satisfied that it is more
                         appropriate for that contravention to be dealt
                         with under this Subdivision.
                                                                          ".
30   (3) Section 205G(2) is amended by deleting "subsection (1)(d)(i),"
           and inserting instead --
           " subsection (1a), ".

                                                                    page 21
     Family Legislation Amendment Bill 2006
     Part 2          Miscellaneous amendments
     Division 3      Parenting compliance regime
     s. 26




     26.        Section 205H amended
           (1) Section 205H(1)(a) is amended by deleting subparagraphs (i)
               and (ii) and inserting the following subparagraphs instead --
                            "
5                               (i) directing the person or each person to
                                     attend before a provider so that the
                                     provider can make an initial assessment
                                     as to the suitability of the person
                                     concerned to attend a program;
10                             (ii) if a person so attending before a
                                     provider is assessed by the provider to
                                     be suitable to attend a program or a part
                                     of a program and the provider
                                     nominates a particular program for the
15                                   person to attend -- directing the person
                                     to attend that program or that part of
                                     that program;
                                                                                 ".
           (2) Section 205H(1)(b) is amended by inserting after "contact" --
20             " or residence ".
           (3) After section 205H(1)(b) the following paragraph is inserted --
                    "
                       (ba) make any other order varying the order so
                              contravened;
25                                                                           ".
           (4) Section 205H(4) is amended by deleting "the provider of a
               program for assessment, or is to attend a program, the court
               must cause the provider of the program" and inserting
               instead --
30                "
                      a provider for assessment, the court must cause the
                      provider
                                                                             ".
     page 22
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                                      Miscellaneous amendments              Part 2

                                     Parenting compliance regime       Division 3

                                                                             s. 27




     27.        Section 205K replaced
                Section 205K is repealed and the following section is inserted
                instead --
     "
5            205K. Court may make further orders in relation to
                   attendance at program -- FLA s. 70NIA
                      A court may make such orders as it considers
                      appropriate, other than the orders referred to in
                      section 205L(5), in respect of a person, if --
10                      (a) it appears to the court that the person has not
                              attended before a provider that the person was
                              ordered to attend before; or
                        (b) it appears to the court that the person has not
                              attended a program or a part of a program that
15                            the person was ordered to attend; or
                        (c) the person was assessed as unsuitable to attend
                              a program.
                                                                                 ".
     28.        Section 205L amended
20         (1) Section 205L(1) is amended as follows:
                 (a) in paragraph (a) by deleting "an order under this Act
                      affecting children (the "primary order")" and inserting
                      instead --
                      " a primary order ";
25              (b) by deleting paragraph (d) and inserting instead --
                    "
                      (d) either subsection (1a) or (1b) applies.
                                                                                 ";
                  (c) after each of paragraphs (a) and (b) by inserting --
30                    " and ".


                                                                         page 23
     Family Legislation Amendment Bill 2006
     Part 2          Miscellaneous amendments
     Division 3      Parenting compliance regime
     s. 28




        (2) After section 205L(1) the following subsections are inserted --
           "
             (1a) For the purposes of subsection (1)(d), this subsection
                    applies if --
5                     (a) no court has previously --
                               (i) made an order imposing a sanction or
                                     taking an action in respect of a
                                     contravention by the person of the
                                     primary order; or
10                            (ii) under section 205H(1)(c), adjourned
                                     proceedings in respect of contravention
                                     by the person of the primary order;
                            and
                      (b) the court dealing with the current contravention
15                          is satisfied that the person has behaved in a way
                            that showed a serious disregard of his or her
                            obligations under the primary order.
             (1b) For the purposes of subsection (1)(d), this subsection
                    applies if a court has previously --
20                    (a) made an order imposing a sanction or taking an
                            action in respect of a contravention by the
                            person of the primary order; or
                      (b) under section 205H(1)(c), adjourned
                            proceedings in respect of a contravention by the
25                          person of the primary order.
                                                                              ".
        (3) After section 205L(7)(a) the following paragraph is inserted --
                  "
                     (ab) the person who contravened the parenting order
30                          did so after having refused or failed to attend
                            before a provider that the person was ordered to
                            attend before;
                                                                              ".

     page 24
                                           Family Legislation Amendment Bill 2006
                                         Miscellaneous amendments           Part 2

                                  Setting aside financial agreements    Division 4

                                                                              s. 29




           (4) Section 205L(7)(b) is amended by deleting "appropriate".
                Division 4 -- Setting aside financial agreements
     29.        Section 205ZV amended
           (1) Section 205ZV(1) is amended by inserting after "A court
5              may" --
               "
                     , on an application by a person who was a party to the
                     financial agreement, or by any other interested person,
                                                                                  ".
10         (2) After section 205ZV(1)(a) the following paragraph is
               inserted --
                    "
                      (aa) either party to the agreement entered into the
                             agreement --
15                             (i) for the purpose, or for purposes that
                                   included the purpose, of defrauding or
                                   defeating a creditor or creditors of the
                                   party; or
                              (ii) with reckless disregard of the interests
20                                 of a creditor or creditors of the party;
                             or
                                                                                  ".
           (3) After each of section 205ZV(1)(a), (b) and (c) by inserting --
                " or ".
25         (4) After section 205ZV(2) the following subsections are
                inserted --
              "
                (3) A court may, on an application by a person who was a
                      party to the financial agreement that has been set aside,
30                    or by any other interested person, make such order or

                                                                          page 25
     Family Legislation Amendment Bill 2006
     Part 2          Miscellaneous amendments
     Division 4      Setting aside financial agreements
     s. 29




                   orders (including an order for the transfer of property)
                   as it considers just and equitable for the purpose of
                   preserving or adjusting the rights of persons who were
                   parties to that financial agreement and any other
5                  interested persons.
               (4) An order under subsection (1) or (3) may, after the
                   death of a party to the proceedings in which the order
                   was made, be enforced on behalf of, or against, as the
                   case may be, the estate of the deceased party.
10             (5) If a party to proceedings under this section dies before
                   the proceedings are completed --
                      (a) the proceedings may be continued by or
                            against, as the case may be, the legal personal
                            representative of the deceased party and the
15                          rules may make provision in relation to the
                            substitution of the legal personal representative
                            as a party to the proceedings; and
                     (b) if the court is of the opinion --
                               (i) that it would have exercised its powers
20                                   under this section if the deceased party
                                     had not died; and
                              (ii) that it is still appropriate to exercise
                                     those powers,
                            the court may make any order that it could have
25                          made under subsection (1) or (3); and
                      (c) an order under paragraph (b) may be enforced
                            on behalf of, or against, as the case may be, the
                            estate of the deceased party.
               (6) In this section --
30                 "creditor" --
                         (a) in subsection (1)(aa), in relation to a party to
                                the agreement, includes a person who could
                                reasonably have been foreseen by the party

     page 26
                                         Family Legislation Amendment Bill 2006
                                       Miscellaneous amendments          Part 2

                                Setting aside financial agreements   Division 4

                                                                          s. 30




                               as being reasonably likely to become a
                               creditor of the party; and
                         (b) in paragraphs (b) and (c) of the definition of
                               "interested person" includes a person who, at
5                              the commencement of the proceedings, could
                               reasonably have been foreseen by the court
                               as being reasonably likely to become a
                               creditor of either of the parties to the
                               financial agreement;
10                   "government body" means --
                         (a) the Commonwealth, a State or a Territory; or
                         (b) an official or authority of the
                               Commonwealth, a State or a Territory;
                     "interested person", in relation to proceedings for the
15                       setting aside of a financial agreement on the
                         grounds specified in subsection (1)(aa) includes --
                         (a) either or both of the parties to the financial
                               agreement; or
                         (b) a creditor of either of those parties; or
20                       (c) a government body acting in the interests of
                               a creditor of either of those parties.
                                                                               ".
     30.        Transitional provisions
           (1) Subject to subsection (2), the Family Court Act 1997 as
25             amended by this Division, applies in relation to financial
               agreements (within the meaning of that Act section 205T) made
               at any time, whether before, on or after the commencement of
               this Division.
           (2) The Family Court Act 1997 as amended by this Division, does
30             not apply to proceedings that were instituted under that Act
               before the commencement of this Division.



                                                                       page 27
     Family Legislation Amendment Bill 2006
     Part 2          Miscellaneous amendments
     Division 5      Other amendments relating to financial agreements
     s. 31




         Division 5 -- Other amendments relating to financial
                             agreements
     31.   Section 205ZR amended
                   Section 205ZR(1) is repealed and the following subsections are
5                  inserted instead --
              "
                   (1) No provision of a financial agreement excludes or
                       limits the power of a court to make an order in relation
                       to the maintenance of a de facto partner if
10                     subsection (1a) applies.
                  (1a) This subsection applies if the court is satisfied that,
                       when the agreement came into effect, the
                       circumstances of the party were such that, taking into
                       account the terms and effect of the agreement, the party
15                     was unable to support himself or herself without an
                       income tested pension, allowance or benefit.
                                                                                   ".
     32.           Section 205ZS amended
                   Section 205ZS(1) is amended as follows:
20                   (a) by deleting paragraph (b)(ii), (iii) and (iv) and "and"
                          after subparagraph (iii) and inserting instead --
                                  "
                                       and
                                  (ii) the advantages and disadvantages, at the
25                                     time that the advice was provided, to the
                                       party of making the agreement;
                                 and
                                                                                   ";
                    (b) after each of paragraphs (a) and (c) by inserting --
30                      " and ".


     page 28
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                      Orders and injunctions binding third parties     Division 6

                                                                               s. 33




     33.     Section 205ZU amended
             Section 205ZU(2) is amended as follows:
               (a) by deleting paragraph (b)(ii), (iii) and (iv) and inserting
                    instead --
5                        "
                            (ii) the advantages and disadvantages, at the
                                 time that the advice was provided, to the
                                 party of making the agreement;
                           and
10                                                                            ";
              (b) after each of paragraphs (a) and (c) by inserting --
                    " and ".
         Division 6 -- Orders and injunctions binding third parties
     34.      Division 2A inserted in Part 5A
15           After Part 5A Division 2 the following Division is inserted --
     "
               Division 2A -- Orders and injunctions binding
                              third parties
                          Subdivision 1 -- Introductory
20         205ZLA. Object of Division -- FLA s. 90AA
                   The object of this Division is to allow a court, in
                   relation to the property of a de facto partner, to --
                     (a) make an order under section 205ZG or 235A;
                            or
25                   (b) grant an injunction under section 235A,
                   that is directed to, or alters the rights, liabilities or
                   property interests of a third person.


                                                                         page 29
     Family Legislation Amendment Bill 2006
     Part 2          Miscellaneous amendments
     Division 6      Orders and injunctions binding third parties
     s. 34




              205ZLB. Definition -- FLA s. 90AB
                      In this Division --
                      "third party", in relation to a de facto relationship,
                           means a person who is not one of the de facto
5                          partners.
              205ZLC. This Division overrides other laws, trust deeds,
                      etc. -- FLA s. 90AC
                 (1) This Division has effect despite anything to the
                     contrary in any of the following (whether made before
10                   or after the commencement of this Division) --
                       (a) any other law (whether written or unwritten);
                       (b) anything in a trust deed or other instrument.
                 (2) Without limiting subsection (1), nothing done in
                     compliance with this Division by a third party in
15                   relation to a de facto relationship is to be treated as
                     resulting in a contravention of a law or instrument
                     referred to in subsection (1).
              205ZLD. Extended meaning of "property" -- FLA s. 90AD
                 (1) For the purposes of this Division, a debt owed by a
20                   de facto partner is to be treated as property.
                 (2) For the purposes of --
                       (a) making an order under section 205ZG or 235A;
                             or
                       (b) granting an injunction under section 235A,
25                   "property" includes a debt owed by a de facto partner.
              205ZLE. Other provisions of this Act not affected by this
                      Division -- FLA s. 90ADA
                      This Division does not affect the operation of any other
                      provision of this Act.

     page 30
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                Orders and injunctions binding third parties  Division 6

                                                                   s. 34




           Subdivision 2 -- Orders under section 205ZG
     205ZLF. Court may make an order under section 205ZG
             binding a third party -- FLA s. 90AE
       (1) In proceedings under section 205ZG, a court may make
5          any of the following orders --
             (a) an order directed to a creditor of the de facto
                   partners in a de facto relationship to substitute
                   one de facto partner for both partners in relation
                   to the debt owed to the creditor;
10           (b) an order directed to a creditor of one de facto
                   partner to substitute the other de facto partner,
                   or both de facto partners for that de facto
                   partner in relation to the debt owed to the
                   creditor;
15           (c) an order directed to a creditor of the de facto
                   partners in a de facto relationship that the
                   de facto partners be liable for a different
                   proportion of the debt owed to the creditor than
                   the proportion the de facto partners are liable to
20                 before the order is made;
             (d) an order directed to a director of a company or
                   to a company to register a transfer of shares
                   from one de facto partner in a de facto
                   relationship to the other de facto partner.
25     (2) In proceedings under section 205ZG, a court may make
           any other order that --
             (a) directs a third party to do a thing in relation to
                   the property of a de facto partner; or
             (b) alters the rights, liabilities or property interests
30                 of a third party in relation to a de facto
                   relationship.



                                                                page 31
     Family Legislation Amendment Bill 2006
     Part 2          Miscellaneous amendments
     Division 6      Orders and injunctions binding third parties
     s. 34




               (3) The court may make an order under subsection (1) or
                   (2) only if --
                     (a) the making of the order is reasonably
                           necessary, or reasonably appropriate and
5                          adapted, to effect a division of property
                           between the de facto partners in a de facto
                           relationship; and
                     (b) if the order concerns a debt of a de facto
                           partner, it is not foreseeable at the time that the
10                         order is made that to make the order would
                           result in the debt not being paid in full; and
                     (c) the third party has been accorded procedural
                           fairness in relation to the making of the order;
                           and
15                   (d) the court is satisfied that, in all the
                           circumstances, it is just and equitable to make
                           the order; and
                     (e) the court is satisfied that the order takes into
                           account the matters mentioned in
20                         subsection (4).
               (4) The matters are as follows --
                     (a) the taxation effect (if any) of the order on the
                           de facto partners;
                     (b) the taxation effect (if any) of the order on the
25                         third party;
                     (c) the social security effect (if any) of the order on
                           the de facto partners;
                     (d) the third party's administrative costs in relation
                           to the order;
30                   (e) if the order concerns a debt of a de facto
                           partner, the capacity of a de facto partner to
                           repay the debt after the order is made;


     page 32
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                Orders and injunctions binding third parties   Division 6

                                                                    s. 34




              (f) the economic, legal or other capacity of the
                  third party to comply with the order;
              (g) if, as a result of the third party being accorded
                  procedural fairness in relation to the making of
5                 the order, the third party raises any other
                  matters, those matters;
              (h) any other matter that the court considers
                  relevant.
      Subdivision 3 -- Orders or injunctions under section 235A
10   205ZLG. Court may make an order or injunction under
             section 235A binding a third party -- FLA s. 90AF
       (1) In proceedings under section 235A a court may --
             (a) make an order restraining a person from
                  repossessing property of a de facto partner; or
15           (b) grant an injunction restraining a person from
                  commencing legal proceedings against a
                  de facto partner.
       (2) In proceedings under section 235A, a court may make
           any other order, or grant any other injunction that --
20           (a) directs a third party to do a thing in relation to
                  the property of a de facto partner; or
             (b) alters the rights, liabilities or property interests
                  of a third party in relation to the de facto
                  relationship.
25     (3) A court may make an order or grant an injunction
           under subsection (1) or (2) only if --
             (a) the making of the order, or the granting of the
                  injunction, is reasonably necessary, or
                  reasonably appropriate and adapted, to effect a
30                division of property between de facto partners;
                  and

                                                                 page 33
     Family Legislation Amendment Bill 2006
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     Division 6      Orders and injunctions binding third parties
     s. 34




                    (b) the order or injunction concerns a debt of a
                         de facto partner, it is not foreseeable at the time
                         that the order is made, or the injunction
                         granted, that to make the order or grant the
5                        injunction would result in the debt not being
                         paid in full; and
                    (c) the third party has been accorded procedural
                         fairness in relation to the making of the order or
                         injunction; and
10                  (d) for an injunction or order under
                         section 235A(1), the court is satisfied that, in
                         all the circumstances, it is proper to make the
                         order or grant the injunction; and
                    (e) for an injunction under section 235A(2), the
15                       court is satisfied that, in all the circumstances,
                         it is just or convenient to grant the injunction;
                         and
                     (f) the court is satisfied that the order or injunction
                         takes into account the matters mentioned in
20                       subsection (4).
               (4) The matters are as follows --
                    (a) the taxation effect (if any) of the order or
                         injunction on the de factor partners;
                    (b) the taxation effect (if any) of the order or
25                       injunction on the third party;
                    (c) the social security effect (if any) of the order or
                         injunction on the de facto partners;
                    (d) the third party's administrative costs in relation
                         to the order or injunction;
30                  (e) if the order or injunction concerns a debt of a
                         de facto partner, the capacity of a de facto
                         partner to repay the debt after the order is made
                         or the injunction is granted;


     page 34
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                Orders and injunctions binding third parties     Division 6

                                                                        s. 34




              (f) the economic, legal or other capacity of the
                  third party to comply with the order or
                  injunction;
              (g) if, as a result of the third party being accorded
5                 procedural fairness in relation to the making of
                  the order or the granting of the injunction, the
                  third party raises any other matters, those
                  matters;
              (h) any other matter that the court considers
10                relevant.
                    Subdivision 4 -- Other matters
     205ZLH. Orders and injunctions binding on trustees --
             FLA s. 90AG
             If an order or injunction binds a person in the capacity
15           of trustee in relation to property, then the order or
             injunction is also binding (by force of this section) on
             any person who subsequently becomes the trustee.
     205ZLI. Protection for a third party -- FLA s. 90AH
             A third party in relation to a de facto relationship is not
20           liable for loss or damage suffered by any person
             because of things done (or not done) by the third party
             in good faith in reliance on an order or injunction made
             or granted by a court in accordance with this Division.
     205ZLJ. Service of documents on a third party --
25           FLA s. 90AI
       (1) If a document is required or permitted to be served for
           the purposes of this Division on a third party in relation
           to a de facto relationship, the document may be served
           in any of the ways in which a document may be served
30         under the rules.


                                                                   page 35
     Family Legislation Amendment Bill 2006
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     Division 6      Orders and injunctions binding third parties
     s. 34




                (2) Subsection (1) is in addition to any other method of
                    service permitted by law.
              205ZLK. Expenses of third party -- FLA s. 90AJ
                (1) Subsection (2) applies if --
5                     (a) a court has made an order or granted an
                             injunction in accordance with this Division in
                             relation to a de facto relationship; and
                      (b) a third party in relation to the de facto
                             relationship has incurred expense as a
10                           necessary result of the order or injunction.
                (2) A court may make such order as it considers just for
                    the payment of the reasonable expenses of the third
                    party incurred as a necessary result of the order or
                    injunction.
15              (3) In deciding whether to make an order under
                    subsection (2), subject to what a court considers just, a
                    court must take into account the principle that the
                    parties to the de facto relationship should bear the
                    reasonable expenses of the third party equally.
20              (4) The regulations may provide, in situations where a
                    court has not made an order under subsection (2) --
                      (a) for the charging by the third party of reasonable
                             fees to cover the reasonable expenses of the
                             third party incurred as a necessary result of the
25                           order or injunction; and
                      (b) if such fees are charged, that each of the
                             de facto partners in the de facto relationship is
                             separately liable to pay the third party an
                             amount equal to half of those fees; and
30                    (c) for conferring jurisdiction on a particular court
                             or courts in relation to the collection or
                             recovery of such fees.
                                                                                 ".
     page 36
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                                     Miscellaneous amendments               Part 2

                             Amendments about Magistrates Courts        Division 7

                                                                             s. 35




     35.        Transitional provisions
           (1) In this section --
                "commencement" means the day on which this Division comes
                     into operation;
5               "section 205ZG order" means an order (other than an interim
                     or a partial order) made under section 205ZG of the Family
                     Court Act 1997.
           (2) Subject to this section, the Family Court Act 1997, as amended
               by this Division, applies in relation to all de facto relationships
10             to which that Act otherwise applies.
           (3) Subject to subsection (4), the Family Court Act 1997, as
               amended by this Division, does not apply in relation to a
               de facto relationship if a section 205ZG order is in force in
               relation to the relationship at the commencement.
15         (4) If a section 205ZG order that is in force at the commencement is
               later set aside under section 205ZH(1)(a), (b), (c) or (d) of the
               Family Court Act 1997, then the Family Court Act 1997, as
               amended by this Division, applies in relation to the de facto
               relationship in relation to which the order was in force, only
20             from the time the order is set aside.
         Division 7 -- Amendments about Magistrates Courts
     36.   Section 43 amended
           (1) Section 43(1) is repealed and the following subsection is
                inserted instead --
25            "
                (1) This section applies --
                        (a) if --
                                (i) the Magistrates Court (the "court") is
                                    dealing with proceedings in which a
30                                  parenting order (other than a child


                                                                          page 37
     Family Legislation Amendment Bill 2006
     Part 2          Miscellaneous amendments
     Division 7      Amendments about Magistrates Courts
     s. 36




                                maintenance order) or an order relating
                                to the welfare of a child is sought; and
                           (ii) the respondent, in answer to the
                                application by which the proceedings
5                               are instituted, seeks an order different
                                from that sought in the application; and
                          (iii) the court is not constituted by a family
                                law magistrate;
                         or
10                   (b) if --
                            (i) the Magistrates Court (the "court") is
                                dealing with proceedings that concern
                                property of a total value exceeding the
                                ceiling amount; and
15                         (ii) the respondent, in answer to the
                                application by which the proceedings
                                are instituted, seeks an order different
                                from that sought in the application.
                                                                           ".
20      (2) After section 43(8) the following subsection is inserted --
           "
             (9) In this section --
                  "ceiling amount" has the same meaning as in
                       section 46(1AA) of the Family Law Act unless
25                     otherwise prescribed in the regulations.
                                                                           ".




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                         Amendments about Magistrates Courts        Division 7

                                                                           s. 37




     37.     Section 209A inserted
             After section 209 the following section is inserted in Part 7 --
     "
           209A. Interpretation
5                  In this Part --
                   "Chief Justice" has the same meaning as it has in the
                       Supreme Court Act 1935;
                   "decree" includes --
                        (a) a judgment or an order; and
10                     (b) an order dismissing an application or
                              prosecution; and
                        (c) a decision to not make an order; and
                       (d) a declaration,
                   and in relation to a decree of the Family Court of
15                 Western Australia, includes an order dismissing an
                   appeal from the Magistrates Court;
                   "judge" means a judge of the Supreme Court.
                                                                               ".
     38.     Sections 210A, 210AA and 210AB inserted
20           After section 210 the following sections are inserted --
     "
           210A. Non-federal jurisdictions -- appeal from decree of
                 Magistrates Court constituted by a family law
                 magistrate
25           (1) This section applies only if the Magistrates Court is
                 constituted by a family law magistrate.
             (2) In respect of the non-federal jurisdictions of the
                 Magistrates Court an appeal lies from a decree of the
                 court to the Court of Appeal, unless the decree is an
30               interlocutory order.

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     Division 7      Amendments about Magistrates Courts
     s. 38




               (3) Subsection (2) has effect subject to section 210AA.
               (4) The jurisdiction of the Court of Appeal in relation to an
                   appeal under this section may, if the Chief Justice
                   considers that it is appropriate, be exercised by a single
5                  judge.
               (5) Subsection (4) has effect subject to subsections (9) and
                   (11).
               (6) An appeal under this section is to be instituted
                   within --
10                    (a) the time prescribed by the rules of the Supreme
                            Court; or
                     (b) such further time as is allowed in accordance
                            with those rules.
               (7) On an appeal under this section, the Court of Appeal
15                 may affirm, reverse or vary the decree or decision the
                   subject of the appeal and may make such decree or
                   decision as, in the opinion of the court, ought to have
                   been made in the first instance, or may, if it considers
                   appropriate, order a re-hearing on such terms and
20                 conditions, if any, as it considers appropriate.
               (8) If, in dismissing an appeal under this section, the Court
                   of Appeal is of the opinion that the appeal does not
                   raise any question of general principle, it may give
                   reasons for its decision in short form.
25             (9) A single judge or the Court of Appeal may --
                      (a) join or remove a party to an appeal under this
                            section; or
                     (b) make an order by consent disposing of an
                            appeal under this section (including an order for
30                          costs); or



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                  Amendments about Magistrates Courts       Division 7

                                                                 s. 38




            (c) give directions about the conduct of an appeal
                  under this section, including directions about --
                     (i) the use of written submissions; and
                    (ii) limiting the time for oral argument.
5    (10) The rules of the Supreme Court may make provision
          enabling matters of the kind mentioned in
          subsection (9) to be dealt with, subject to conditions
          prescribed by those rules, without an oral hearing.
     (11) Applications of a procedural nature, including
10        applications --
            (a) for an extension of time within which to
                  institute an appeal under this section; or
            (b) for leave to amend the grounds of an appeal
                  under this section; or
15          (c) to reinstate an appeal under this section that,
                  because of the rules of the Supreme Court, was
                  taken to have been abandoned; or
            (d) to stay an order of the Court of Appeal made in
                  connection with an appeal under this section; or
20          (e) for an extension of time within which to file an
                  application for leave to appeal; or
            (f) for security for costs in relation to an appeal; or
            (g) to reinstate an appeal dismissed under a
                  provision of the rules of the Supreme Court; or
25          (h) to adjourn the hearing of an appeal; or
             (i) to vacate the hearing date of an appeal; or
             (j) to expedite the hearing of an appeal,
          may be heard and determined by a single judge or by
          the Court of Appeal.




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     Division 7      Amendments about Magistrates Courts
     s. 38




               (12) The rules of the Supreme Court may make provision
                    enabling applications of a kind mentioned in
                    subsection (11) to be dealt with, subject to conditions
                    prescribed by those rules, without an oral hearing.
5              (13) An appeal does not lie to the Court of Appeal from a
                    decision of a single judge exercising jurisdiction under
                    this section.
               (14) The single judge referred to in subsection (4), (9) or
                    (11) need not be a member of the Court of Appeal.
10            210AA. Leave to appeal needed in some cases referred to in
                     section 210A
                      An appeal does not lie under section 210A from a
                      decree prescribed by the regulations except by leave
                      of --
15                      (a) a single judge (who need not be a member of
                             the Court of Appeal); or
                        (b) the Court of Appeal.
              210AB. Case stated
                (1) If, in proceedings in the Magistrates Court, being
20                  proceedings in which a decree to which section 210A
                    applies could be made, a question of law arises
                    which --
                       (a) the family court magistrate; and
                      (b) at least one of the parties,
25                  wish to have determined by the Court of Appeal before
                    the proceedings are further dealt with --
                       (c) the family law magistrate must state the facts
                             and question in the form of a special case for
                             the opinion of the Court of Appeal; and
30                    (d) the Court of Appeal must hear and determine
                             the question.

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                                                                             s. 39




               (2) The Court of Appeal may draw from the facts and the
                   documents any inference, whether of fact or of law,
                   which could have been drawn from them by the family
                   law magistrate.
5                                                                              ".
     39.       Section 211 amended
               Section 211(1) is repealed and the following section is inserted
               instead --
           "
10             (1) Subsection (2) does not apply if the Magistrates Court
                   is constituted by a family law magistrate, unless the
                   decree is an interlocutory order and --
                      (a) the Family Court of Western Australia has
                           granted leave to appeal; or
15                   (b) the decree is a decree prescribed in the
                           regulations for the purposes of this paragraph.
                                                                               ".
     40.       Sections 211A and 211B inserted
               After section 211 the following sections are inserted in Part 7 --
20   "
           211A. Appeals, and applications for leave, without oral
                 hearing
               (1) Subject to subsection (2), an appeal under section 210A
                   or 211 may be dealt with without an oral hearing if all
25                 the parties to the appeal consent to the appeal being
                   dealt with in that way.
               (2) Subsection (1) does not apply to an appeal if the court
                   to which the appeal is made otherwise orders.
               (3) A consent given under subsection (1) may only be
30                 withdrawn with the leave of the court.


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                     2000
     s. 41




              211B. Power to dismiss appeal
                      If it appears to a court hearing an appeal under this Part
                      that the notice of the appeal does not disclose proper
                      grounds of appeal (whether generally, or in relation to
5                     a particular ground of appeal), the court may order that
                      the proceedings on the appeal be stayed or dismissed
                      (either generally or in relation to that ground).
                                                                                   ".
     41.        Transitional provision
10              The Family Court Act 1997, as amended by section 36 of this
                Act, applies in relation to proceedings in a court (within the
                meaning of that Act section 8) that have not been finally
                determined before the commencement of that section, whether
                the proceedings were instituted in the court before, on or after
15              the commencement of that section.
       Division 8 -- Amendments relating to the Criminal Property
                          Confiscation Act 2000
     42.     Section 5 amended and consequential amendment
           (1) Section 5 is amended by inserting in the appropriate
20             alphabetical positions --
                "
                      (FLA s. 4(1))
                      "application for a confiscation declaration" means
                          any of the following --
25                        (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
30                             Criminal Property Confiscation Act 2000,
                               for a confiscable property declaration;

     page 44
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                                                             2000
                                                                            s. 42




                        (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))
5                  "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;
10                      (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
15                            drug trafficker;
                   (FLA s. 4(1))
                   "criminal confiscation order" means any of the
                        following --
                        (a) a confiscation declaration;
20                      (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))
25                 "DPP" means the Director of Public Prosecutions
                        appointed under the Director of Public
                        Prosecutions Act 1991;
                   (FLA s. 4(1))
                   "Registry Manager" means --
30                      (a) in relation to the Family Court of Western
                            Australia, the Principal Registrar of that
                            Court; and


                                                                      page 45
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                     2000
     s. 43




                           (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;
5                                                                               ".
           (2) Section 243(7) is amended by deleting "Director of Public
               Prosecutions appointed under section 5 of the Director of Public
               Prosecutions Act 1991." and inserting instead --
               " DPP. ".
10   43.         Section 205ZH amended
                 Section 205ZH(1) is amended as follows:
                   (a) after paragraph (d) by deleting the comma and inserting
                        instead --
                          "
15                            ; or
                         (e) a criminal confiscation order has been made in
                              relation to property of the de facto partners or
                              either of them,
                                                                               ";
20                (b) after each of paragraphs (a) and (b) by inserting --
                        " or ".
     44.         Sections 205ZHA, 205ZHB, 205ZHC and 205ZHD inserted
                 After section 205ZH the following sections are inserted --
     "
25            205ZHA. Notification of criminal confiscation orders etc. --
                      FLA s. 79B
                 (1) If --
                        (a) a person makes an application for an order,
                            under this Division, with respect to --
30                            (i) the property of de facto partners, or
                                   either of them; or
     page 46
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                                                             2000
                                                                         s. 44




                           (ii) the maintenance of a de facto partner;
                         and
                   (b) the person knows that the property of the
                         de facto partners, or either of them is the
5                        subject of --
                            (i) a criminal confiscation order; or
                           (ii) an application for a confiscation
                                 declaration,
                 the person must --
10                  (c) disclose in the application the criminal
                         confiscation order or application for a
                         confiscation declaration; and
                   (d) give to the court a sealed copy of that order or
                         declaration.
15               Penalty: $5 500.
             (2) If --
                    (a) a person is a party to a proceeding under this
                         Division; and
                   (b) the person is notified by the DPP that the
20                       property of the de facto parties, or either of
                         them, is subject to --
                            (i) a criminal confiscation order; or
                           (ii) an application for a confiscation
                                 declaration,
25                       the person must notify the Registry Manager in
                         writing of the criminal confiscation order or the
                         application for a confiscation declaration.
                 Penalty: $5 500.




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     Family Legislation Amendment Bill 2006
     Part 2          Miscellaneous amendments
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                     2000
     s. 44




              205ZHB. Court to stay proceedings under this Division
                      affected by criminal confiscation order etc. --
                      FLA s. 79C
                (1) A court in which proceedings under this Division are
5                   pending must stay those proceedings if notified under
                    section 205ZHA in relation to the proceedings.
                (2) A court may, before staying proceedings under
                    subsection (1), invite or require the DPP to make
                    submissions relating to staying the proceedings.
10              (3) A court must, on application of the DPP, stay
                    proceedings under this Division if the property of de
                    facto partners, or either of them, is subject to --
                      (a) a criminal confiscation order; or
                      (b) an application for a confiscation declaration.
15              (4) A court must notify the DPP if the court stays
                    proceedings under subsection (1) or (3).
                (5) The DPP must notify the Registry Manager if --
                      (a) a criminal confiscation order ceases to be in
                            force; or
20                    (b) an order is made under section 87 of the
                            Criminal Property Confiscation Act 2000 for
                            the release of property that has been
                            confiscated; or
                      (c) an application for a confiscation declaration is
25                          finally determined.
                (6) For the purposes of subsection (5), an application for a
                    confiscation declaration is finally determined when --
                      (a) the application is withdrawn; or
                      (b) if the application is successful, the resulting
30                          confiscation declaration is made; or


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                                                             2000
                                                                           s. 44




                     (c) if the application is unsuccessful, the time
                         within which an appeal can be made has
                         expired and any appeals have been finally
                         determined or otherwise disposed of.
5         205ZHC. Lifting a stay -- FLA s. 79D
             (1) A court that stayed proceedings under section 205ZHB
                 must wholly or partially lift the stay if --
                    (a) either party to the proceedings makes an
                         application for the stay to be lifted and the DPP
10                       consents to such an application; or
                    (b) the DPP makes an application for the stay to be
                         lifted.
             (2) A court that stayed proceedings under section 205ZHB
                 may, on its own motion, wholly or partially lift the stay
15               if the DPP consents to such a motion.
             (3) Giving the Registry Manager written notice of the
                 DPP's consent under this section is taken to be the
                 giving of that consent, unless the court requires the
                 DPP to appear at the proceedings. The notice may be
20               given by the DPP or by a party to the proceedings.
          205ZHD. Intervention by DPP -- FLA s. 79E
             (1) The DPP may intervene in any proceedings under this
                 Division in relation to which a court is notified under
                 section 205ZHA, or in any proceedings under
25               section 205ZHB or 205ZHC in which the DPP is not
                 already a party.
             (2) If the DPP intervenes, the DPP is taken to be a party to
                 the proceedings with all the rights, duties and liabilities
                 of a party.
30                                                                             ".



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     Family Legislation Amendment Bill 2006
     Part 2          Miscellaneous amendments
     Division 8      Amendments relating to the Criminal Property Confiscation Act
                     2000
     s. 45




     45.        Sections 205ZX, 205ZY, 205ZZ and 205ZZA inserted in
                Part 5A Division 3
                After section 205ZW the following sections are inserted in
                Part 5A Division 3 --
5    "
              205ZX. Notification of criminal property confiscation order
                     etc. FLA -- s. 90M
                 (1) If --
                        (a) a person makes an application for an order
10                           under Division 2, with respect to --
                                (i) the property of de facto partners, or
                                     either of them; or
                               (ii) the maintenance of a de facto partner;
                             and
15                     (b) the person knows that the property of the
                             de facto partners or either of them is subject
                             to --
                                (i) a criminal confiscation order; or
                               (ii) an application for a confiscation
20                                   declaration,
                     the person must --
                        (c) disclose in the application the criminal
                             confiscation order or the application for a
                             confiscation declaration; and
25                     (d) give to the court a sealed copy of that order or
                             application.
                     Penalty: $5 500.
                 (2) If --
                        (a) a person is a party to a proceeding under
30                           Division 2; and


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                                                             2000
                                                                         s. 45




                    (b) the person is notified by the DPP that the
                          property of the de facto parties, or either of
                          them, is subject to --
                             (i) a criminal confiscation order; or
5                           (ii) an application for a confiscation
                                  declaration,
                          the person must notify the Registry Manager in
                          writing of the criminal confiscation order or the
                          application for a confiscation declaration.
10                 Penalty: $5 500.
          205ZY. Court to stay proceedings under Division 2 affected
                 by criminal confiscation order etc. -- FLA s. 90N
             (1) A court in which proceedings under Division 2 are
                 pending must stay those proceedings if notified under
15               section 205ZX in relation to the proceedings.
             (2) A court may, before staying proceedings under
                 subsection (1), invite or require the DPP to make
                 submissions relating to staying the proceedings.
             (3) A court must, on application of the DPP, stay
20               proceedings under Division 2 if the property of de facto
                 partners, or either of them, is subject to --
                   (a) a criminal confiscation order; or
                   (b) an application for a confiscation declaration.
             (4) A court must notify the DPP if the court stays
25               proceedings under subsection (1) or (3).
             (5) The DPP must notify the Registry Manager if --
                   (a) a criminal confiscation order ceases to be in
                         force; or
                   (b) an order is made under section 87 of the
30                       Criminal Property Confiscation Act 2000 for
                         the release of property that has been
                         confiscated; or
                                                                      page 51
     Family Legislation Amendment Bill 2006
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     Division 8      Amendments relating to the Criminal Property Confiscation Act
                     2000
     s. 45




                      (c) an application for a confiscation declaration is
                            finally determined.
                (6) For the purposes of subsection (5), an application for a
                    confiscation declaration is finally determined when --
5                     (a) the application is withdrawn; or
                      (b) if the application is successful, the resulting
                            confiscation declaration is made; or
                      (c) if the application is unsuccessful, the time
                            within which an appeal can be made has
10                          expired and any appeals have been finally
                            determined or otherwise disposed of.
              205ZZ. Lifting a stay -- FLA s. 90P
                (1) A court that stayed proceedings under section 205ZY
                    must wholly or partially lift the stay if --
15                     (a) either party to the proceedings makes an
                            application for the stay to be lifted and the DPP
                            consents to such an application; or
                       (b) the DPP makes an application for the stay to be
                            lifted.
20              (2) A court that stayed proceedings under section 205ZY
                    may, on its own motion, wholly or partially lift the stay
                    if the DPP consents to such a motion.
                (3) Giving the Registry Manager written notice of the
                    DPP's consent under this section is taken to be the
25                  giving of that consent, unless the court requires the
                    DPP to appear at the proceedings.
                (4) Notice to the Registry Manager may be given by the
                    DPP or by a party to the proceedings.




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                                               Other amendments        Division 9

                                                                             s. 46




           205ZZA. Intervention by DPP -- FLA s. 90Q
               (1) The DPP may intervene in any proceedings under
                   Division 2 in relation to which a court is notified under
                   section 205ZX, or in any proceedings under
5                  section 205ZY or 205ZZ in which the DPP is not
                   already a party.
               (2) If the DPP intervenes, the DPP is taken to be a party to
                   the proceedings with all the rights, duties and liabilities
                   of a party.
10                                                                               ".
                        Division 9 -- Other amendments
                  Subdivision 1 -- Parenting compliance regime
     46.       Section 91 amended
               After section 91(3) the following subsection is inserted --
15         "
               (4) In this section --
                     "proceedings for a parenting order" includes --
                         (a) proceedings for the enforcement of a
                             parenting order; and
20                       (b) any other proceedings in which a
                             contravention of a parenting order is alleged.
                                                                                 ".




                                                                         page 53
     Family Legislation Amendment Bill 2006
     Part 2          Miscellaneous amendments
     Division 9      Other amendments
     s. 47




     47.        Part 5 Division 13 Subdivision 1A inserted
                After section 205F the following Subdivision is inserted in
                Part 5 Division 13 --
     "
5               Subdivision 1A -- Court's powers where contravention
                      without reasonable excuse not established
              205FA. Court's power to vary parenting order -- FLA
                     s. 70NEB
                (1) A court may make an order varying a parenting order
10                  if --
                       (a) proceedings in relation to the parenting order
                           are brought before a court having jurisdiction
                           under this Act and it is alleged in those
                           proceedings that a person ("the respondent")
15                         committed a contravention of the primary
                           order; and
                       (b) either --
                              (i) the court is not satisfied that the
                                   respondent has committed a
20                                 contravention of the parenting order; or
                             (ii) the court is satisfied that the respondent
                                   has committed a contravention of the
                                   parenting order but the respondent
                                   proves that the respondent had a
25                                 reasonable excuse for the contravention.
                (2) Subsection (1) applies whether the parenting order is
                    made before or after the commencement of this
                    Subdivision.
                                                                               ".




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                                                                                s. 48




     48.        Transitional provisions
           (1) In this section --
                "commencement" means the day on which this Subdivision
                    comes into operation;
5              "parenting order" has the same meaning as it has in the
                    Family Court Act 1997.
           (2) The Family Court Act 1997, as amended by this Subdivision,
               applies to --
                 (a) contraventions, and alleged contraventions, of parenting
10                     orders whether occurring before, at or after the
                       commencement; and
                 (b) proceedings in a court (within the meaning of that Act
                       section 8) in which it is alleged that a person committed
                       a contravention of a parenting order whether those
15                     proceedings are commenced before, at or after the
                       commencement.
                    Subdivision 2 -- Costs and offers of settlement
     49.        Section 237 amended
                Section 237(3)(f) is amended by deleting ", in accordance with
20              section 240 or otherwise,".
     50.        Section 240 replaced
                Section 240 is repealed and the following section is inserted
                instead --
     "
25           240.     Offers of settlement -- FLA s. 117C
                (1) This section applies to proceedings under this Act other
                    than the following proceedings --
                      (a) proceedings under section 235(1) or Division 6
                            or 12 of Part 5;


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     Part 2          Miscellaneous amendments
     Division 9      Other amendments
     s. 51




                     (b) proceedings to enforce a decree or injunction
                           made under section 235 or Division 6 or 12 of
                           Part 5.
               (2) If --
5                     (a) a party to proceedings to which this section
                           applies makes an offer to the other party to the
                           proceedings to settle the proceedings; and
                     (b) the offer is made in accordance with any
                           relevant rules,
10                 the fact that the offer has been made, or the terms of
                   the offer, must not be disclosed to a court in which the
                   proceedings are being heard except for the purposes of
                   the consideration by the court of whether it should
                   make an order as to costs under section 237(2) and the
15                 terms of any such order.
               (3) A judge or magistrate of a court mentioned in
                   subsection (2) is not disqualified from sitting in the
                   proceedings only because the fact that an offer has
                   been made is, contrary to that subsection, disclosed to
20                 the court.
                                                                              ".
     51.       Savings provision
               Despite the amendment effected by section 50, the Family
               Court Act 1997, as in force immediately before the
25             commencement of this Subdivision, continues to apply in
               respect of offers to settle proceedings made under section 240 of
               that Act before the commencement of this Subdivision.




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                                             Other amendments        Division 9

                                                                             s. 52




           Subdivision 3 -- Suspension of sentences of imprisonment
     52.       Section 205Q amended
               After section 205Q(4) the following subsection is inserted --
           "
5              (4a) A court that sentences a person to imprisonment under
                    section 205L(5)(e) may --
                      (a) suspend the sentence upon the terms and
                            conditions determined by the court; and
                      (b) terminate a suspension made under
10                          paragraph (a).
                                                                               ".
     53.       Section 226 amended
               Section 226(3)(d) is amended by inserting before "to" --
               " subject to subsection (4), ".
15   54.       Section 227 amended
               After section 227(4) the following subsection is inserted --
           "
               (4a) A court that sentences a person to imprisonment under
                    section 226(3)(d) may --
20                    (a) suspend the sentence upon the terms and
                            conditions determined by the court; and
                      (b) terminate a suspension made under
                            paragraph (a).
                                                                               ".




                                                                       page 57
     Family Legislation Amendment Bill 2006
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     Division 9      Other amendments
     s. 55




      Subdivision 4 -- Enforcement (removal of information procedure)
     55.        Section 205P amended
           (1) Section 205P(3) to (8) are repealed and the following subsection
                is inserted instead --
5             "
                (3) If the court (whether or not constituted by the judge or
                       magistrate who made the community service order or
                       required the bond to be entered into in accordance with
                       section 205O) is satisfied that the person has, without
10                     reasonable excuse, failed to comply with the order or
                       bond, the court may take action under subsection (9).
                                                                               ".
           (2) Section 205P(11) is repealed.
     56.        Section 230 amended
15         (1) Section 230(3) to (8) are repealed and the following subsection
                is inserted instead --
              "
                (3) If the court (whether or not constituted by the judge or
                       magistrate who imposed the sentencing alternative) is
20                     satisfied that the person has, without reasonable
                       excuse, failed to comply with --
                         (a) the sentencing alternative; or
                         (b) any requirements made in relation to the
                                sentencing alternative,
25                     the court may take action under subsection (9).
                                                                              ".
           (2) Section 230(11) is repealed.




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     57.     Savings provision
             Despite the amendments effected by this Subdivision, the
             Family Court Act 1997, as in force immediately before the
             commencement of this Subdivision, continues to apply to
5            failures to comply with orders, bonds or sentencing alternatives
             made or imposed under that Act before the commencement of
             this Subdivision.
                        Subdivision 5 -- Private arbitration
     58.     Section 60B amended
10           Section 60B(3) is amended in the definition of "dispute" as
             follows:
               (a) by deleting paragraph (a) and inserting instead --
                    "
                       (a) Part 5A proceedings or proceedings under
15                           section 221; or
                                                                              ";
                  (b) after paragraph (b) by inserting --
                      " or ".
                         Subdivision 6 -- Change of venue
20   59.     Section 46A inserted
             After section 46 the following section is inserted in Part 3 --
     "
           46A.      Change of venue -- FLA s. 27A
                     The Court, the Magistrates Court or a judge may, at
25                   any stage of a proceeding in the Court or Magistrates
                     Court, direct that the proceeding or a part of the
                     proceeding be conducted or continued at a place
                     specified in the order, subject to such conditions (if
                     any) as the Court, Magistrates Court or judge imposes.
30                                                                            ".

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                     Subdivision 7 -- Definition of disposition
     60.       Section 222 amended
               Section 222(5) is amended by deleting the definition of
               "disposition" and inserting instead --
5              "
                     "disposition" includes --
                          (a) a sale or gift; and
                          (b) the issue, grant, creation, transfer or
                                 cancellation of, or a variation of the rights
10                               attaching to, an interest in a company or a
                                 trust;
                     "interest" --
                          (a) in a company includes --
                                (i) a share in or debenture of the company;
15                                    and
                               (ii) an option over a share in or debenture of
                                      the company (whether the share or
                                      debenture is issued or not);
                                 and
20                        (b) in a trust includes --
                                (i) a beneficial interest in the trust; and
                               (ii) the interest of a settlor in property
                                      subject to the trust; and
                             (iii) a power of appointment under the trust;
25                                    and
                              (iv) a power to rescind or vary a provision
                                      of, or to rescind or vary the effect of the
                                      exercise of a power under, the trust; and
                               (v) an interest that is conditional, contingent
30                                    or deferred.
                                                                                    ".


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     61.     Savings provision
             Despite the amendments effected by section 60, the Family
             Court Act 1997, as in force immediately before the
             commencement of that section, continues to apply to
5            dispositions made under that Act before the commencement of
             that section.
              Subdivision 8 -- Recovery of amounts paid under
                            maintenance orders
     62.     Part 5 Division 7 Subdivision 7 inserted
10           After section 132 the following Subdivision is inserted --
     "
                Subdivision 7 -- Recovery of amounts paid under
                              maintenance orders
           132A. Recovery of amounts paid, and property
15               transferred or settled, under maintenance orders --
                 FLA s. 66X
             (1) This section applies if --
                  (a) a court has at any time purported to make an
                         order ("the purported order") of a kind
20                       referred to in section 126(1)(a), (b) or (c)
                         requiring a person ("the maintenance
                         provider") to pay an amount, or to transfer or
                         settle property, by way of maintenance for a
                         child; and
25                (b) the maintenance provider has --
                            (i) paid another person an amount or
                                 amounts; or
                           (ii) transferred or settled property,
                         in compliance, or partial compliance, with the
30                       purported order; and


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                       (c) a court has determined that the maintenance
                             provider is not a parent or step-parent of the
                             child.
                (2) If the maintenance provider applies to a court for an
5                   order under this subsection, the court must make such
                    order as it considers just and equitable in the
                    circumstances, for --
                       (a) if the purported order was of a kind referred to
                             in section 126(1)(a) or (b), the repayment to the
10                           maintenance provider, by the person to whom
                             the amount or amounts referred to in
                             subsection (1)(b)(i) were paid, of an amount up
                             to, or equal to, that amount or the sum of those
                             amounts; or
15                    (b) if the purported order was of the kind referred
                             to in section 126(1)(c), the return to the
                             maintenance provider of --
                                (i) the property referred to in
                                     subsection (1)(b)(ii); or
20                             (ii) an amount up to, or equal to, the value
                                     of that property.
               (2a) A court may only order the repayment of an amount
                    that is less than the amount, or the sum of the amounts,
                    referred to in subsection (1)(b)(i), or the return of an
25                  amount that is less than the value of the property
                    referred to in subsection (1)(b)(ii), in exceptional
                    circumstances.
                (3) If the purported order was of the kind referred to in
                    section 126(1)(c) and the court that made the order did
30                  so --
                       (a) in part by way of providing maintenance for the
                             child; and
                      (b) in part for some other purpose,

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         the reference in subsection (2)(b) to the property, or the
         value of the property, referred to in
         subsection (1)(b)(ii) is taken to be a reference to that
         property, or the value of that property, only to the
5        extent to which that property was transferred or settled
         by way of providing maintenance for the child.
     (4) Without limiting subsection (2)(b), the orders that a
         court may make under that paragraph include the
         following --
10         (a) an order that a specified payment be made;
           (b) an order that a specified transfer or settlement
                 of property be made;
           (c) an order that any necessary instrument be
                 executed, and that such documents of title be
15               produced and such other things be done, as are
                 necessary to enable an order to be carried out
                 effectively or to provide security for the due
                 performance of an order.
     (5) An amount paid to the Commonwealth under the Child
20       Support (Registration and Collection) Act section 30 is
         to be taken, for the purposes of this section, to have
         been paid to the person to whom, apart from that
         section, the amount would have been payable.
                                                                      ".




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                  Subdivision 9 -- Other miscellaneous amendments
     63.          Section 5 amended
                  Section 5 is amended by inserting in the appropriate
                  alphabetical position --
5                  "
                       (FLA s. 4(1))
                       "child representative" means a person who represents
                            a child in proceedings under an appointment made
                            under a court order under section 171(2);
10                                                                             ".
     64.          Section 55 amended
                  Section 55(1) is amended by deleting ", prepared in accordance
                  with the rules,".
     65.          Section 57 amended
15                Section 57(2) is repealed and the following subsection is
                  inserted instead --
              "
                  (2) The Principal Registrar must make arrangements for
                      the dispute to be mediated.
20                                                                             ".
     66.          Section 59 amended
           (1) Section 59(1) is amended by deleting "and in accordance with
               any relevant rules".
           (2) Section 59(3) is amended by deleting "in accordance with the
25             rules".
     67.          Section 61 amended
                  Section 61(2) is amended by deleting ", prepared in accordance
                  with the rules,".

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     68.         Section 64 amended and transitional provision
           (1) Section 64(2) is amended by deleting "subsection (3)" and
                inserting instead --
                " subsections (3) and (4) ".
5          (2) After section 64(3) the following subsections are inserted --
              "
                (4) Subsection (2) does not apply to the following --
                        (a) an admission by an adult that indicates that a
                               child has been abused or is at risk of abuse;
10                      (b) a disclosure by a child that indicates that the
                               child has been abused or is at risk of abuse,
                      unless, in the opinion of the court, there is sufficient
                      evidence of the admission or disclosure available to the
                      court from other sources.
15              (5) In this section --
                      "abuse", in relation to a child, means --
                           (a) an assault, including a sexual assault, of the
                                 child which is an offence under a law,
                                 written or unwritten, in force in the State or
20                               Territory in which the act constituting the
                                 assault occurs; or
                           (b) a person involving the child in a sexual
                                 activity with that person or another person in
                                 which the child is used, directly or indirectly,
25                               as a sexual object by the first-mentioned
                                 person or the other person, and where there
                                 is unequal power in the relationship between
                                 the child and the first-mentioned person;
                      "child" means a person who is under 18 years of age.
30                                                                                  ".



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           (3) The Family Court Act 1997, as amended by this section, does
               not apply to, or in respect of admissions or disclosures made
               under that Act before the commencement of this section.
     69.         Section 169 amended
5                Section 169(2) is amended by deleting ", in accordance with any
                 relevant rules,".
     70.         Section 205J amended and transitional provision
           (1) Section 205J is amended by inserting before "Evidence" the
                subsection designation "(1)".
10         (2) At the end of section 205J the following subsections are
                inserted --
              "
                (2) Subsection (1) does not apply to the following --
                        (a) an admission by an adult that indicates that a
15                            child has been abused or is at risk of abuse;
                        (b) a disclosure by a child that indicates that the
                              child has been abused or is at risk of abuse,
                      unless, in the opinion of the court, there is sufficient
                      evidence of the admission or disclosure available to the
20                    court from other sources.
                (3) In this section --
                      "abuse", in relation to a child, means --
                           (a) an assault, including a sexual assault, of the
                                 child which is an offence under a law,
25                               written or unwritten, in force in the State or
                                 Territory in which the act constituting the
                                 assault occurs; or
                           (b) a person involving the child in a sexual
                                 activity with that person or another person in
30                               which the child is used, directly or indirectly,
                                 as a sexual object by the first-mentioned

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                                person or the other person, and where there
                                is unequal power in the relationship between
                                the child and the first-mentioned person;
                       "child" means a person who is under 18 years of age.
5                                                                                 ".
           (3) The Family Court Act 1997, as amended by this section, does
               not apply to, or in respect of admissions or disclosures made
               under that Act before the commencement of this section.
     71.          Section 205H amended
10                Section 205H(4) is amended by deleting ", in accordance with
                  the rules,".
     72.          Section 205ZB amended
                  Section 205ZB(1) is amended by deleting "one year" and
                  inserting instead --
15                " 2 years ".
     73.          Section 212 amended
                  Section 212(5) is amended by deleting "or magistrate" and
                  inserting instead --
                  " , Principal Registrar, Registrar or magistrate ".
20   74.          Section 222 amended
                  After section 222(4) the following subsection is inserted --
             "
                 (4a) In addition to the powers a court referred to in
                      subsection (1) has under this section, such a court may
25                    also do any or all of the things listed in
                      section 205ZI(1).
                                                                                  ".



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     75.          Section 222A amended
                  Section 222A(2) is repealed and the following subsection is
                  inserted instead --
              "
5                 (2) This section does not affect the operation of --
                       (a) Part 5 Division 13; or
                       (b) Part 10 Division 2; or
                       (c) Part 10A.
                                                                                  ".
10   76.          Section 226 amended
                  Section 226(3)(b) is amended by inserting after "sentence" --
                  " by order ".
     77.          Section 237 amended and transitional provision
           (1) Section 237(2) is amended by deleting "subsection (3)" and
15              inserting instead --
                " subsections (3), (5) and (6) ".
           (2) After section 237(3) the following subsections are inserted --
              "
                (4) To avoid doubt, in proceedings in which a child
20                    representative has been appointed, the court may make
                      an order under subsection (2) as to costs or security for
                      costs, whether by way of interlocutory order or
                      otherwise, to the effect that each party to the
                      proceedings bears, in such proportion as the court
25                    considers just, the costs of the child representative in
                      respect of the proceedings.




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                 (5) However, in proceedings in which a child
                     representative has been appointed, if --
                       (a) a party to the proceedings has received legal aid
                             in respect of the proceedings; or
5                      (b) the court considers that a party to the
                             proceedings would suffer financial hardship if
                             the party had to bear a proportion of the costs
                             of the child representative,
                     the court must not make an order under subsection (2)
10                   against that party in relation to the costs of the child
                     representative.
                 (6) In considering what order (if any) should be made
                     under subsection (2) in proceedings in which a child
                     representative has been appointed, a court must
15                   disregard the fact that the child representative is funded
                     under a legal aid scheme or service established under a
                     Commonwealth, State or Territory law or approved
                     under the Family Law Act.
                                                                                   ".
20         (3) The Family Court Act 1997, as amended by this section, does
               not apply to, or in respect of, proceedings instituted under that
               Act before the commencement of this section.
     78.        Section 238 amended
           (1) Section 238(1)(a) is amended by deleting "section 226" and
25             inserting instead --
               " Part 5 Division 13 ".
           (2) Section 238(1)(c) is amended by deleting "section 226" and
               inserting instead --
               " Part 5 Division 13 ".



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     79.       Section 243 amended
               Section 243(8) is amended as follows:
                 (a) in paragraph (da) by deleting "the display of a notice in
                      the premises of a court that lists" and inserting
5                     instead --
                      " the publication by a court of lists of ";
                (b) after paragraph (f) by deleting the full stop and inserting
                      instead --
                    "
10                          ; or
                      (g) the publication of accounts of proceedings,
                            where those accounts have been approved by a
                            court.
                                                                              ";
15              (c) after each of paragraphs (a) to (da) by inserting --
                      " or ".




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           Part 3 --   Amendments about shared parental
                          responsibilities
            Division 1 -- Amendments about shared parental
                            responsibilities
5    80.    Section 5 amended
            Section 5 is amended as follows:
             (a) by inserting before "In" the subsection designation
                   "(1)";
             (b) by deleting the definitions of "family violence" and
10                 "relative";
             (c) by inserting in the appropriate alphabetical positions --
       "
                 (FLA s. 4(1))
                 "Aboriginal child" means a child who is a descendant
15                    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
20                           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;
25               (FLA s. 4(1))
                 "family violence" means conduct, whether actual or
                      threatened, by a person towards, or towards the
                      property of, a member of the person's family that
                      causes that or any other member of the person's
30                    family reasonably to fear for, or reasonably to be
                      apprehensive about, his or her personal wellbeing
                      or safety;

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                       (FLA s. 4(1))
                       "major long-term issues" has the meaning given by
                            section 7A;
                       (FLA s. 4(1))
5                      "Part 5 Order" means an order made under Part 5;
                       (FLA s. 4(1))
                       "relative", of a child --
                            (a) in Part 5, means --
                                 (i) a step-parent of the child; or
10                              (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
15                              (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;
20                     (FLA s. 4(1))
                       "Torres Strait Islander child" means a child who is a
                            descendant of the Indigenous inhabitants of the
                            Torres Strait Islands;
                                                                                     ";
25                 (d) at the end of section 5 by inserting the following
                       subsections --
              "
                  (2) A reference in this Act to a person who has parental
                      responsibility for a child is a reference to a person
30                    who --
                          (a) has some or all of that responsibility solely;
                                or
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                          (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
5                    reference to a person who shares some or all of the
                     parental responsibility for the child with that other
                     person.
                                                                                   ".
     81.         Heading inserted in Part 5 Division 1
10               After the heading to Part 5 Division 1 the following heading is
                 inserted --
     "
                         Subdivision 1 -- Objects and principles
                                                                                   ".
15   82.         Section 66 replaced
                 Section 66 is repealed and the following section is inserted
                 instead --
     "
           66.         Object of Part and principles underlying it -- FLA
20                     s. 60B
                 (1) The objects of this Part are to ensure that the best
                     interests of children are met by --
                       (a) ensuring that children have the benefit of both
                             of their parents having a meaningful
25                           involvement in their lives, to the maximum
                             extent consistent with the best interests of the
                             child; and
                       (b) protecting children from physical or
                             psychological harm from being subjected to, or
30                           exposed to, abuse, neglect or family violence;
                             and


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                     (c) ensuring that children receive adequate and
                           proper parenting to help them achieve their full
                           potential; and
                     (d) ensuring that parents fulfil their duties, and
5                          meet their responsibilities, concerning the care,
                           welfare and development of their children.
               (2) The principles underlying these objects are that (except
                   when it is or would be contrary to a child's best
                   interests) --
10                   (a) children have the right to know and be cared for
                           by both their parents, regardless of whether
                           their parents are married, separated, have never
                           married or have never lived together; and
                     (b) children have a right to spend time on a regular
15                         basis with, and communicate on a regular basis
                           with, both their parents and other people
                           significant to their care, welfare and
                           development (such as grandparents and other
                           relatives); and
20                   (c) parents jointly share duties and responsibilities
                           concerning the care, welfare and development
                           of their children; and
                     (d) parents should agree about the future parenting
                           of their children; and
25                   (e) children have a right to enjoy their culture
                           (including the right to enjoy that culture with
                           other people who share that culture).
               (3) For the purposes of subsection (2)(e), an Aboriginal
                   child's or Torres Strait Islander child's right to enjoy
30                 his or her Aboriginal or Torres Strait Islander culture
                   includes the right --
                     (a) to maintain a connection with that culture; and



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                    (b) to have the support, opportunity and
                        encouragement necessary --
                           (i) to explore the full extent of that culture,
                               consistent with the child's age and
5                              developmental level and the child's
                               views; and
                          (ii) to develop a positive appreciation of
                               that culture.
                                                                               ".
10   83.     Subdivisions 2 and 3 inserted in Part 5 Division 1
             After section 66 the following Subdivisions are inserted in
             Part 5 Division 1 --
     "
                   Subdivision 2 -- Best interests of the child
15         66A.   Child's best interests paramount consideration in
                  making a parenting order -- FLA s. 60CA
                  In deciding whether to make a particular parenting
                  order in relation to a child, a court must regard the best
                  interests of the child as the paramount consideration.
20         66B.   Proceedings to which Subdivision applies -- FLA
                  s. 60CB
             (1) This Subdivision applies to any proceedings under this
                 Part in which the best interests of a child are the
                 paramount consideration.
25           (2) This Subdivision also applies to proceedings, in
                 relation to a child, to which section 80(2) or (6) or 176
                 applies.




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              66C.   How a court determines what is in a child's best
                     interests -- FLA s. 60CC
                (1) Subject to subsection (6), in determining what is in the
                    child's best interests, the court must consider the
5                   matters set out in subsections (2) and (3).
                (2) The primary considerations are --
                      (a) the benefit to the child of having a meaningful
                            relationship with both of the child's parents;
                            and
10                    (b) the need to protect the child from physical or
                            psychological harm from being subjected to, or
                            exposed to, abuse, neglect or family violence.
                (3) Additional considerations are --
                      (a) any views expressed by the child and any
15                          factors (such as the child's maturity or level of
                            understanding) that the court thinks are relevant
                            to the weight it should give to the child's views;
                            and
                      (b) the nature of the relationship of the child
20                          with --
                               (i) each of the child's parents; and
                              (ii) other persons (including any
                                    grandparent or other relative of the
                                    child);
25                          and
                      (c) the willingness and ability of each of the child's
                            parents to facilitate, and encourage, a close and
                            continuing relationship between the child and
                            the other parent; and
30                    (d) the likely effect of any changes in the child's
                            circumstances, including the likely effect on the
                            child of any separation from --
                               (i) either of his or her parents; or
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                   (ii) any other child, or other person
                          (including any grandparent or other
                          relative of the child), with whom he or
                          she has been living;
5                and
           (e)   the practical difficulty and expense of a child
                 spending time with and communicating with a
                 parent and whether that difficulty or expense
                 will substantially affect the child's right to
10               maintain personal relations and direct contact
                 with both parents on a regular basis; and
           (f)   the capacity of --
                    (i) each of the child's parents; and
                   (ii) any other person (including any
15                        grandparent or other relative of the
                          child),
                 to provide for the needs of the child, including
                 emotional and intellectual needs; and
          (g)    the maturity, sex, lifestyle and background
20               (including lifestyle, culture and traditions) of
                 the child and of either of the child's parents,
                 and any other characteristics of the child that
                 the court thinks are relevant; and
          (h)    if the child is an Aboriginal child or a Torres
25               Strait Islander child --
                    (i) the child's right to enjoy his or her
                          Aboriginal or Torres Strait Islander
                          culture (including the right to enjoy that
                          culture with other people who share that
30                        culture); and
                   (ii) the likely impact any proposed
                          parenting order under this Part will have
                          on that right;
                 and

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                      (i) the attitude to the child, and to the
                           responsibilities of parenthood, demonstrated by
                           each of the child's parents; and
                      (j) any family violence involving the child or a
5                          member of the child's family; and
                     (k) any family violence order that applies to the
                           child or a member of the child's family, if --
                              (i) the order is a final order; or
                             (ii) the making of the order was contested
10                                  by a person;
                           and
                      (l) whether it would be preferable to make the
                           order that would be least likely to lead to the
                           institution of further proceedings in relation to
15                         the child; and
                    (m) any other fact or circumstance that the court
                           thinks is relevant.
               (4) Without limiting subsection (3)(c) and (i), the court
                   must consider the extent to which each of the child's
20                 parents has fulfilled, or failed to fulfil, his or her
                   responsibilities as a parent and, in particular, the extent
                   to which each of the child's parents --
                     (a) has taken, or failed to take, the opportunity --
                              (i) to participate in making decisions about
25                                  major long-term issues in relation to the
                                    child; and
                             (ii) to spend time with the child; and
                            (iii) to communicate with the child;
                           and




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           (b) has facilitated, or failed to facilitate, the other
                  parent --
                     (i) participating in making decisions about
                          major long-term issues in relation to the
5                         child; and
                    (ii) spending time with the child; and
                   (iii) communicating with the child;
                  and
            (c) has fulfilled, or failed to fulfil, the parent's
10                obligation to maintain the child.
     (5) If the child's parents have separated, the court must, in
         applying subsection (4), have regard, in particular, to
         events that have happened, and circumstances that have
         existed, since the separation occurred.
15   (6) If the court is considering whether to make an order
         with the consent of all the parties to the proceedings,
         the court may, but is not required to, have regard to all
         or any of the matters set out in subsection (2) or (3).
     (7) For the purposes of subsection (3)(h), an Aboriginal
20       child's or a Torres Strait Islander child's right to enjoy
         his or her Aboriginal or Torres Strait Islander culture
         includes the right --
            (a) to maintain a connection with that culture; and
           (b) to have the support, opportunity and
25                encouragement necessary --
                     (i) to explore the full extent of that culture,
                          consistent with the child's age and
                          developmental level and the child's
                          views; and
30                  (ii) to develop a positive appreciation of
                          that culture.


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              66D.   How the views of a child are expressed -- FLA
                     s. 60CD
                (1) A court required under section 66C(3)(a) to consider
                    any views expressed by a child in deciding whether to
5                   make a particular parenting order in relation to the
                    child is to inform itself of the views expressed by a
                    child in accordance with this section.
                (2) The court may inform itself of views expressed by a
                    child --
10                    (a) by having regard to anything contained in a
                             report given to the court under section 73(2); or
                      (b) by making an order under section 164 for the
                             child's interests in the proceedings to be
                             independently represented by a lawyer; or
15                    (c) subject to the rules, by such other means as the
                             court thinks appropriate.
              66E.   Children not required to express views -- FLA
                     s. 60CE
                     Nothing in this Part permits the court or any person to
20                   require the child to express his or her views in relation
                     to any matter.
              66F.   Informing court of relevant family violence
                     orders -- FLA s. 60CF
                (1) If a party to the proceedings is aware that a family
25                  violence order applies to the child, or a member of the
                    child's family, that party must inform the court of the
                    family violence order.
                (2) If a person who is not a party to the proceedings is
                    aware that a family violence order applies to the child,
30                  or a member of the child's family, that person may
                    inform the court of the family violence order.


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       (3) Failure to inform the court of the family violence order
           does not affect the validity of any order made by the
           court.
     66G.   Court to consider risk of family violence -- FLA
5           s. 60CG
       (1) In considering what order to make, the court must, to
           the extent that it is possible to do so consistently with
           the child's best interests being the paramount
           consideration, ensure that the order --
10           (a) is consistent with any family violence order;
                   and
             (b) does not expose a person to an unacceptable
                   risk of family violence.
       (2) For the purposes of subsection (1)(b), the court may
15         include in the order any safeguards that it considers
           necessary for the safety of those affected by the order.
             Subdivision 3 -- Family dispute resolution
     66H.   Attending family dispute resolution before applying
            for Part 5 Order -- FLA s. 60I
20     (1) In this section --
            "dispute resolution provisions of the rules" means
                the provisions of the Family Law Rules 2004 of
                the Commonwealth referred to in section 60I(12)
                of the Family Law Act to the extent, if any, that
25              those rules are adopted by the rules under this Act.
       (2) The object of this section is to ensure that all persons
           who have a dispute about matters that may be dealt
           with by a Part 5 Order make a genuine effort to resolve
           that dispute by family dispute resolution before the
30         Part 5 Order is applied for.


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               (3) The dispute resolution provisions of the rules (with
                   such modifications as are necessary) must be complied
                   with before an application is made under this Act for a
                   parenting order if the application is made --
5                    (a) on or after the commencement of this section;
                            and
                     (b) before 1 July 2007.
               (4) Subsections (6) to (10) apply to an application for a
                   Part 5 Order in relation to a child if --
10                   (a) the application is made on or after 1 July 2007
                            and before the date fixed by Proclamation for
                            the purposes of this paragraph; and
                     (b) none of the parties to the proceedings on the
                            application has applied, before 1 July 2007, for
15                          a Part 5 Order in relation to the child.
               (5) Subsections (6) to (10) apply to all applications for a
                   Part 5 Order in relation to a child that are made on or
                   after the date fixed by Proclamation for the purposes of
                   this subsection.
20             (6) Subject to subsection (8), a court must not hear an
                   application for a Part 5 Order in relation to a child
                   unless --
                     (a) the applicant files in the court a certificate
                            given to the applicant by a family dispute
25                          resolution practitioner under subsection (7); and
                     (b) the certificate is filed with the application for
                            the Part 5 Order.
               (7) A family dispute resolution practitioner may give one
                   of these kinds of certificates to a person --
30                   (a) a certificate to the effect that the person did not
                            attend family dispute resolution with the
                            practitioner and the other party or parties to the
                            proceedings in relation to the issue or issues

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                 that the order would deal with, but the person's
                 failure to do so was due to the refusal, or the
                 failure, of the other party or parties to the
                 proceedings to attend;
5         (b) a certificate to the effect that the person did not
                 attend family dispute resolution with the
                 practitioner and the other party or parties to the
                 proceedings in relation to the issue or issues
                 that the order would deal with, because the
10               practitioner considers, having regard to the
                 matters prescribed by the regulations for the
                 purposes of this paragraph, that it would not be
                 appropriate to conduct the proposed family
                 dispute resolution;
15         (c) a certificate to the effect that the person
                 attended family dispute resolution with the
                 practitioner and the other party or parties to the
                 proceedings in relation to the issue or issues
                 that the order would deal with, and that all
20               attendees made a genuine effort to resolve the
                 issue or issues;
          (d) a certificate to the effect that the person
                 attended family dispute resolution with the
                 practitioner and the other party or parties to the
25               proceedings in relation to the issue or issues
                 that the order would deal with, but that the
                 person, the other party or another of the parties
                 did not make a genuine effort to resolve the
                 issue or issues.
30   (8) Subsection (6) does not apply to an application for a
         Part 5 Order in relation to a child if --
           (a) the applicant is applying for the order --
                   (i) to be made with the consent of all the
                         parties to the proceedings; or


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                            (ii) in response to an application that
                                   another party to the proceedings has
                                   made for a Part 5 Order;
                          or
5                     (b) the court is satisfied that there are reasonable
                          grounds to believe 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
10                                 child if there were to be a delay in
                                   applying for the order; 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
15                                 of the parties to the proceedings;
                          or
                      (c) all the following conditions are satisfied --
                             (i) the application is made in relation to a
                                   particular issue;
20                          (ii) a Part 5 Order has been made in relation
                                   to that issue within the period of
                                   12 months before the application is
                                   made;
                           (iii) the application is made in relation to a
25                                 contravention of the order by a person;
                           (iv) the court is satisfied that there are
                                   reasonable grounds to believe that the
                                   person has behaved in a way that shows
                                   a serious disregard for his or her
30                                 obligations under the order;
                          or
                      (d) the application is made in circumstances of
                          urgency; or

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             (e) one or more of the parties to the proceedings is
                   unable to participate effectively in family
                   dispute resolution (whether because of an
                   incapacity of some kind, physical remoteness
5                  from dispute resolution services or for some
                   other reason); or
             (f) other circumstances specified in the regulations
                   are satisfied.
      (9) If --
10           (a) a person applies for a Part 5 Order; and
            (b) the person does not, before applying for the
                   order, attend family dispute resolution with a
                   family dispute resolution practitioner and the
                   other party or parties to the proceedings in
15                 relation to the issue or issues that the order
                   would deal with; and
             (c) subsection (6) does not apply to the application
                   because of subsection (8),
          the court must consider making an order that the person
20        attend family dispute resolution with a family dispute
          resolution practitioner and the other party or parties to
          the proceedings in relation to that issue or those issues.
     (10) The validity of --
             (a) proceedings on an application for a Part 5
25                 Order; or
            (b) any order made in those proceedings,
          is not affected by a failure to comply with
          subsection (6) in relation to those proceedings.




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              66I.    Family dispute resolution not attended because of
                      child abuse or family violence -- FLA s. 60J
                 (1) If --
                        (a) section 66H(6) to (10) apply to an application
5                             for a Part 5 Order (see section 66H(4) and (5));
                              and
                       (b) section 66H(6) does not apply to the application
                              because the court is satisfied that there are
                              reasonable grounds to believe that --
10                              (i) there has been abuse of the child by one
                                      of the parties to the proceedings; or
                               (ii) there has been family violence by one of
                                      the parties to the proceedings,
                     a court must not hear the application unless the
15                   applicant has indicated in writing that the applicant has
                     received information from a family counsellor or
                     family dispute resolution practitioner about the services
                     and options (including alternatives to court action)
                     available in circumstances of abuse or violence.
20               (2) Subsection (1) does not apply if the court is satisfied
                     that there are reasonable grounds to believe that --
                        (a) there would be a risk of abuse of the child if
                              there were to be a delay in applying for the
                              order; or
25                     (b) there is a risk of family violence by one of the
                              parties to the proceedings.
                 (3) The validity of --
                        (a) proceedings on an application for a Part 5
                              Order; or
30                     (b) any order made in those proceedings,
                     is not affected by a failure to comply with
                     subsection (1) in relation to those proceedings.

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       (4) If --
              (a) the applicant indicates in writing that the
                   applicant has not received information about
                   the services and options (including alternatives
5                  to court action) available in circumstances of
                   abuse or violence; and
             (b) subsection (2) does not apply,
           the executive manager of the court concerned must
           ensure that the applicant is referred to a family
10         counsellor or family dispute resolution practitioner in
           order to obtain information about those matters.
     66J.       Court to take prompt action in relation to
                allegations of child abuse or family violence -- FLA
                s. 60K
15      (1) This section applies if --
             (a) an application is made to a court for a Part 5
                    Order in relation to a child; and
             (b) a document is filed in the court, on or after the
                    commencement of this section, in relation to
20                  the proceedings for the order; and
             (c) the document alleges as a consideration that is
                    relevant to whether the court should grant or
                    refuse the application, that --
                       (i) there has been abuse of the child by one
25                          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
                            applying for the order; or
                     (iii) there has been family violence by one of
30                          the parties to the proceedings; or
                     (iv) there is a risk of family violence by one
                            of the parties to the proceedings;
                    and
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                       (d) the document is a document of the kind
                             prescribed by the rules for the purposes of this
                             paragraph.
               (2)   A court must --
5                      (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
10                             (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
15                     (c) deal with the issues raised by the allegation as
                             expeditiously as possible.
               (3)   A court must take the action required by
                     subsection (2)(a) and (b) --
                       (a) as soon as practicable after the document is
20                           filed; and
                       (b) if it is appropriate having regard to the
                             circumstances of the case, within 8 weeks after
                             the document is filed.
               (4)   Without limiting subsection (2)(a)(i), the court must
25                   consider whether orders should be made under
                     section 202K to obtain reports from prescribed
                     government agencies in relation to the allegations.
               (5)   Without limiting subsection (2)(a)(ii), the court must
                     consider whether orders should be made, or an
30                   injunction granted, under section 235.
               (6)   A failure to comply with a provision of this section in
                     relation to an application does not affect the validity of

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                  any order made in the proceedings in relation to the
                  application.
                                                                              ".
     84.     Sections 70A and 70B inserted
5            After section 70 the following sections are inserted --
     "
           70A.   Presumption of equal shared parental responsibility
                  when making parenting orders -- FLA s. 61DA
             (1) When making a parenting order in relation to a child,
10               the court must apply a presumption that it is in the best
                 interests of the child for the child's parents to have
                 equal shared parental responsibility for the child.
             (2) The presumption does not apply if there are reasonable
                 grounds to believe that a parent of the child (or a
15               person who lives with a parent of the child) has
                 engaged in --
                   (a) abuse of the child or another child who, at the
                          time, was a member of the parent's family (or
                          that other person's family); or
20                 (b) family violence.
             (3) When the court is making an interim order, the
                 presumption applies unless the court considers that it
                 would not be appropriate in the circumstances for the
                 presumption to be applied when making that order.
25           (4) The presumption may be rebutted by evidence that
                 satisfies the court that it would not be in the best
                 interests of the child for the child's parents to have
                 equal shared parental responsibility for the child.




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              70B.       Application of presumption of equal shared
                         parental responsibility after interim parenting
                         order made -- FLA s. 61DB
                         If there is an interim parenting order in relation to a
5                        child, the court must, in making a final parenting order
                         in relation to the child, disregard the allocation of
                         parental responsibility made in the interim order.
                                                                                     ".
     85.           Section 71A inserted
10                 After section 71 the following section is inserted in Part 5
                   Division 2 --
     "
              71A.       Application to Aboriginal or Torres Strait Islander
                         children -- FLA s. 61F
15                       In --
                           (a) applying this Part to the circumstances of an
                                 Aboriginal or Torres Strait Islander child; or
                           (b) identifying a person or persons who have
                                 exercised, or who may exercise, parental
20                               responsibility for such a child,
                         the court must have regard to any kinship obligations,
                         and child-rearing practices, of the child's Aboriginal or
                         Torres Strait Islander culture.
                                                                                     ".
25   86.           Section 73 amended
                   After section 73(3) the following subsections are inserted --
              "
                  (3a) A family consultant who is directed to give the court a
                       report on a matter under subsection (2) must --
30                       (a) ascertain the views of the child in relation to
                               that matter; and

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                      (b) include the views of the child on that matter in
                           the report.
               (3b) Subsection (3a) does not apply if complying with that
                    subsection would be inappropriate because of --
5                     (a) the child's age or maturity; or
                      (b) some other special circumstance.
                                                                                ".
     87.        Section 76 amended
           (1) Section 76(1) is amended as follows:
10              (a) after paragraph (b) by inserting --
                    "
                      (ba) is signed by the parents of the child; and
                      (bb) is dated; and
                                                                                ";
15                 (b) after paragraph (a) by inserting --
                         " and ".
           (2) Section 76(2) is repealed and the following subsections are
                 inserted instead --
              "
20              (1a) An agreement is not a parenting plan unless it is made
                       free from any threat, duress or coercion.
                 (2) A parenting plan may deal with one or more of the
                       following --
                         (a) the person or persons with whom a child is to
25                             live;
                         (b) the time a child is to spend with another person
                               or other persons;
                         (c) the allocation of parental responsibility for a
                               child;


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                      (d) if 2 or more persons are to share parental
                            responsibility for a child, the form of
                            consultations those persons are to have with
                            one another about decisions to be made in the
5                           exercise of that responsibility;
                      (e) the communication a child is to have with
                            another person or other persons;
                       (f) maintenance of a child;
                      (g) the process to be used for resolving disputes
10                          about the terms or operation of the plan;
                      (h) the process to be used for changing the plan to
                            take account of the changing needs or
                            circumstances of the child or the parties to the
                            plan;
15                     (i) any aspect of the care, welfare or development
                            of the child or any other aspect of parental
                            responsibility for a child.
               (2a) The person referred to in subsection (2) may be, or the
                    persons referred to in that subsection may include,
20                  either a parent of the child or a person other than the
                    parent of the child (including a grandparent or other
                    relative of the child).
               (2b) Without limiting subsection (2)(c), the plan may deal
                    with the allocation of responsibility for making
25                  decisions about major long-term issues in relation to
                    the child.
               (2c) The communication referred to in subsection (2)(e)
                    includes (but is not limited to) communication by --
                      (a) letter; and




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                    (b) telephone, email or any other electronic means.
                                                                              ".
     88.     Section 78A replaced
             Section 78A is repealed and the following section is inserted
5            instead --
     "
           78A.    Obligations of advisers -- FLA s. 63DA
             (1) If an adviser gives advice or assistance to people in
                 relation to parental responsibility for a child following
10               the breakdown of the relationship between those
                 people, the adviser must --
                    (a) inform them that they could consider entering
                         into a parenting plan in relation to the child;
                         and
15                 (b) inform them about where they can get further
                         assistance to develop a parenting plan and the
                         content of the plan.
             (2) If an adviser gives advice to people in connection with
                 the making by those people of a parenting plan in
20               relation to a child, the adviser must --
                    (a) inform them that, if the child spending equal
                         time with each of them is --
                            (i) reasonably practicable; and
                           (ii) in the best interests of the child,
25                       they could consider the option of an
                         arrangement of that kind; and
                   (b) inform them that, if the child spending equal
                         time with each of them is not reasonably
                         practicable or is not in the best interests of the
30                       child but the child spending substantial and
                         significant time with each of them is --
                            (i) reasonably practicable; and

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                              (ii) in the best interests of the child,
                            they could consider the option of an
                            arrangement of that kind; and
                      (c)   inform them that decisions made in developing
5                           parenting plans should be made in the best
                            interests of the child; and
                      (d)   inform them of the matters that may be dealt
                            with in a parenting plan in accordance with
                            section 76(2); and
10                    (e)   inform them that, if there is a parenting order in
                            force in relation to the child, the order may
                            (because of section 85A) include a provision
                            that the order is subject to a parenting plan they
                            enter into; and
15                    (f)   inform them about the desirability of including
                            in the plan --
                               (i) if they are to share parental
                                    responsibility for the child under the
                                    plan, provisions of the kind referred to
20                                  in section 76(2)(d) (which deals with the
                                    form of consultations between the
                                    parties to the plan) as a way of avoiding
                                    future conflicts over, or
                                    misunderstandings about, the matters
25                                  covered by that paragraph; and
                              (ii) provisions of the kind referred to in
                                    section 76(2)(g); and
                             (iii) provisions of the kind referred to in
                                    section 76(2)(h);
30                          and
                      (g)   explain to them, in language they are likely to
                            readily understand, the availability of programs
                            to help people who experience difficulties in
                            complying with a parenting plan; and

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           (h) inform them that section 89AB requires the
                  court to have regard to the terms of the most
                  recent parenting plan in relation to the child
                  when making a parenting order in relation to
5                 the child if it is in the best interests of the child
                  to do so.
     (3) For the purposes of subsection (2)(b), a child will be
         taken to spend substantial and significant time with a
         parent only if --
10         (a) the time the child spends with the parent
                  includes both --
                     (i) days that fall on weekends and holidays;
                          and
                    (ii) days that do not fall on weekends or
15                        holidays;
                  and
           (b) the time the child spends with the parent allows
                  the parent to be involved in --
                     (i) the child's daily routine; and
20                  (ii) occasions and events that are of
                          particular significance to the child;
                  and
           (c) the time the child spends with the parent allows
                  the child to be involved in occasions and events
25                that are of special significance to the parent.
     (4) Subsection (3) does not limit the other matters to which
         regard may be had in determining whether the time a
         child spends with a parent would be substantial and
         significant.
30   (5) In this section --
         "adviser" means a person who is --
              (a) a legal practitioner; or

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                          (b) a family counsellor; or
                          (c) a family dispute resolution practitioner; or
                          (d) a family consultant.
                                                                                 ".
5    89.        Section 79 amended
                Section 79(4)(b) is amended by deleting "166(2)." and inserting
                instead --
                " 66C(2) and (3). ".
     90.        Section 84 amended
10         (1) Section 84(2) to (4) are repealed and the following subsections
                are inserted instead --
              "
                (2) A parenting order may deal with one or more of the
                      following --
15                      (a) the person or persons with whom a child is to
                               live;
                        (b) the time a child is to spend with another person
                               or other persons;
                        (c) the allocation of parental responsibility for a
20                             child;
                        (d) if 2 or more persons are to share parental
                               responsibility for a child, the form of
                               consultations those persons are to have with
                               one another about decisions to be made in the
25                             exercise of that responsibility;
                        (e) the communication a child is to have with
                               another person or other persons;
                         (f) maintenance of a child;
                        (g) the steps to be taken before an application is
30                             made to a court for a variation of the order to


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                    take account of the changing needs or
                    circumstances of --
                       (i) a child to whom the order relates; or
                      (ii) the parties to the proceedings in which
5                           the order is made;
              (h) the process to be used for resolving disputes
                    about the terms or operation of the order;
               (i) any aspect of the care, welfare or development
                    of the child or any other aspect of parental
10                  responsibility for a child.
     (2a)   The person referred to in subsection (2) may be, or
            include, either a parent of the child or a person other
            than the parent of the child (including a grandparent or
            other relative of the child).
15    (3)   Without limiting subsection (2)(c), the order may deal
            with the allocation of responsibility for making
            decisions about major long-term issues in relation to
            the child.
      (4)   The communication referred to in subsection (2)(e)
20          includes (but is not limited to) communication by --
              (a) letter; and
              (b) telephone, email or any other electronic means.
     (4a)   Without limiting subsection (2)(g) and (h), the
            parenting order may provide that the parties to the
25          proceedings must consult with a family dispute
            resolution practitioner to assist with --
              (a) resolving any dispute about the terms or
                    operation of the order; or
              (b) reaching agreement about changes to be made
30                  to the order.
                                                                       ".


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        (2) Section 84(5) is amended by deleting "(c)" and inserting
             instead --
             " (f) ".
        (3) Section 84(6) to (8) are repealed and the following subsection is
5            inserted instead --
           "
             (6) For the purposes of this Act --
                     (a) a parenting order that provides that a child is to
                           live with a person is made in favour of that
10                         person; and
                     (b) a parenting order that provides that a child is to
                           spend time with a person is made in favour of
                           that person; and
                     (c) a parenting order that provides that a child is to
15                         have communication with a person is made in
                           favour of that person; and
                     (d) a parenting order that --
                              (i) allocates parental responsibility for a
                                   child to a person; or
20                           (ii) provides that a person is to share
                                   parental responsibility for a child with
                                   another person,
                           is made in favour of that person.
                                                                            ".




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     91.     Section 85A inserted
             After section 85 the following section is inserted in Part 5
             Division 5 --
     "
5          85A.    Parenting orders subject to later parenting plans --
                   FLA s. 64D
             (1) Subject to subsection (2), a parenting order in relation
                 to a child is taken to include a provision that the order
                 is subject to a parenting plan that is --
10                  (a) entered into subsequently by the child's
                          parents; and
                   (b) agreed to, in writing, by any other person (other
                          than the child) to whom the parenting order
                          applies.
15           (2) The court may, in exceptional circumstances, include
                 in a parenting order a provision that the parenting
                 order, or a specified provision of the parenting order,
                 may only be varied by a subsequent order of the court
                 (and not by a parenting plan).
20           (3) Without limiting subsection (2), exceptional
                 circumstances for the purposes of that subsection
                 include the following --
                    (a) circumstances that give rise to a need to protect
                          the child from physical or psychological harm
25                        from being subjected to, or exposed to, abuse,
                          neglect or family violence;
                   (b) the existence of substantial evidence that one of
                          the child's parents is likely to seek to use
                          coercion or duress to gain the agreement of the
30                        other parent to a parenting plan.
                                                                               ".



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     92.        Section 86 amended
           (1) Section 86 is amended as follows:
                (a) by inserting before "This" the subsection designation
                      "(1)";
5               (b) by deleting paragraph (b) and inserting instead --
                    "
                      (b) the general obligations created by parenting
                             orders, other than child maintenance orders
                             (Subdivision 3); and
10              (c) after paragraph (a) by inserting --
                      " and ".
                                                                               ".
           (2) At the end of section 86 the following subsection is inserted --
              "
15              (2) Measures designed to improve communication between
                     separated parents and to educate parents about their
                     respective responsibilities in relation to their children
                     are contained in this Division (see section 89A).
                                                                               ".
20   93.        Section 86A replaced
                Section 86A is repealed and the following section is inserted
                instead --
     "
              86A.    Child's best interests paramount consideration in
25                    making a parenting order -- FLA s. 65AA
                      Section 66A provides that in deciding whether to make
                      a particular parenting order in relation to a child, a
                      court must regard the best interests of the child as the
                      paramount consideration.
30                                                                               ".


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     94.        Section 89 amended
           (1) Section 89(1) is amended by inserting after "subject to" --
               " sections 70A and 89AB and ".
           (2) Section 89(2) is amended by inserting after "subject to" --
5              " section 70A and section 89AB and ".
     95.        Sections 89AA, 89AB, 89AC and 89AD inserted
                After section 89 the following sections are inserted --
     "
             89AA. Court to consider child spending equal time or
10                 substantial and significant time with each parent in
                   certain circumstances -- FLA s. 65DAA
                (1) If a parenting order provides (or is to provide) that a
                    child's parents are to have equal shared parental
                    responsibility for the child, the court must --
15                     (a) consider whether the child spending equal time
                            with each of the parents would be in the best
                            interests of the child; and
                      (b) consider whether the child spending equal time
                            with each of the parents is reasonably
20                          practicable; and
                       (c) if it is, consider making an order to provide (or
                            including a provision in the order) for the child
                            to spend equal time with each of the parents.
                (2) If --
25                     (a) a parenting order provides (or is to provide)
                            that a child's parents are to have equal shared
                            parental responsibility for the child; and




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                      (b) the court does not make an order (or include a
                            provision in the order) for the child to spend
                            equal time with each of the parents,
                    the court must --
5                     (c) consider whether the child spending substantial
                            and significant time with each of the parents
                            would be in the best interests of the child; and
                      (d) consider whether the child spending substantial
                            and significant time with each of the parents is
10                          reasonably practicable; and
                      (e) if it is, consider making an order to provide (or
                            including a provision in the order) for the child
                            to spend substantial and significant time with
                            each of the parents.
15              (3) For the purposes of subsection (2), a child will be taken
                    to spend substantial and significant time with a parent
                    only if --
                      (a) the time the child spends with the parent
                            includes both --
20                             (i) days that fall on weekends and holidays;
                                    and
                              (ii) days that do not fall on weekends or
                                    holidays;
                            and
25                    (b) the time the child spends with the parent allows
                            the parent to be involved in --
                               (i) the child's daily routine; and
                              (ii) occasions and events that are of
                                    particular significance to the child;
30                          and
                      (c) the time the child spends with the parent allows
                            the child to be involved in occasions and events
                            that are of special significance to the parent.
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       (4) Subsection (3) does not limit the other matters to which
           a court can have regard in determining whether the
           time a child spends with a parent would be substantial
           and significant.
5      (5) In determining for the purposes of subsections (1) and
           (2) whether it is reasonably practicable for a child to
           spend equal time, or substantial and significant time,
           with each of the child's parents, the court must have
           regard to --
10           (a) how far apart the parents live from each other;
                   and
             (b) the parents' current and future capacity to
                   implement an arrangement for the child
                   spending equal time, or substantial and
15                 significant time, with each of the parents; and
             (c) the parents' current and future capacity to
                   communicate with each other and resolve
                   difficulties that might arise in implementing an
                   arrangement of that kind; and
20           (d) the impact that an arrangement of that kind
                   would have on the child; and
             (e) such other matters as the court considers
                   relevant.
     89AB. Court to have regard to parenting plans -- FLA
25         s. 65DAB
             When making a parenting order in relation to a child,
             the court is to have regard to the terms of the most
             recent parenting plan (if any) that has been entered into
             between the child's parents (to the extent to which that
30           plan relates to the child) if doing so would be in the
             best interests of the child.



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              89AC. Effect of parenting order that provides for shared
                    parental responsibility -- FLA s. 65DAC
                (1) This section applies if, under a parenting order --
                      (a) 2 or more persons are to share parental
5                           responsibility for a child; and
                      (b) the exercise of that parental responsibility
                            involves making a decision about a major
                            long-term issue in relation to the child.
                (2) The order is taken to require the decision to be made
10                  jointly by those persons.
                (3) The order is taken to require each of those persons --
                      (a) to consult the other person in relation to the
                            decision to be made about that issue; and
                      (b) to make a genuine effort to come to a joint
15                          decision about that issue.
                (4) To avoid doubt, this section does not require any other
                    person to establish, before acting on a decision about
                    the child communicated by one of those persons, that
                    the decision has been made jointly.
20            89AD. No need to consult on issues that are not major
                    long-term issues -- FLA s. 65DAE
                (1) If a child is spending time with a person at a particular
                    time under a parenting order, the order is taken not to
                    require the person to consult a person who --
25                     (a) has parental responsibility for the child; or
                      (b) shares parental responsibility for the child with
                             another person,
                    about decisions that are made in relation to the child
                    during that time on issues that are not major long-term
30                  issues.


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                (2) Subsection (1) applies subject to any provision to the
                    contrary made by a parenting order.
                                                                                  ".
     96.        Section 90 repealed
5               Section 90 is repealed.
     97.        Section 92 amended
           (1) Section 92(2)(a) and "or" after it are deleted and the following
               is inserted instead --
                     "
10                      (a) the parties to the proceedings have attended a
                              conference with a family consultant to discuss
                              the matter to be determined by the proposed
                              order; or
                                                                                  ".
15         (2) Section 92(2)(b) is amended by deleting "the conditions in
               paragraph (a) are not satisfied." and inserting instead --
               " paragraph (a) has not been complied with. ".
     98.        Section 237A inserted
                After section 237 the following section is inserted --
20   "
             237A. Costs where false allegation or statement made --
                   FLA s. 117AB
                (1) This section applies if --
                     (a) proceedings under this Act are brought before a
25                          court; and
                     (b) the court is satisfied that a party to the
                            proceedings knowingly made a false allegation
                            or statement in the proceedings.



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                 (2) The court must order that party to pay some or all of
                     the costs of another party, or other parties, to the
                     proceedings.
                                                                             ".
5    99.         Transitional provisions
           (1) In this section --
                 "commencement" means the day on which this Division comes
                      into operation;
                 "new Act" means the Family Court Act 1997 as in force after
10                    commencement;
                 "parenting order" has the same meaning as in the Family
                      Court Act 1997.
           (2)   Section 66C of the new Act applies to orders made on or after
                 commencement.
15         (3)   The amendments effected by sections 84 and 94 apply in respect
                 of parenting orders made on or after commencement.
           (4)   The amendment effected by section 85 applies to proceedings
                 under Part 5 of the Family Court Act 1997, whether the
                 proceedings were initiated before, on or after commencement.
20         (5)   The amendment effected by section 86 applies to directions
                 given under section 73(2) of the new Act on or after
                 commencement.
           (6)   The amendment effected by section 87 applies to parenting
                 plans made on or after commencement.
25         (7)   The amendment effected by section 90 applies to parenting
                 orders made on or after commencement.
           (8)   The amendment effected by section 91 applies to parenting
                 orders made on or after commencement (this includes, without
                 limitation, a parenting order that varies an earlier parenting
30               order, whether the earlier parenting order was made before or
                 after commencement).

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          (9) Sections 89AA, 89AB, 89AC and 89AD of the new Act apply
              to parenting orders made on or after commencement.
         (10) The amendment effected by section 97 applies to a court
              proposing to make an order mentioned in section 92(1) of the
5             new Act, whether the proceedings to which the order relates
              were initiated before or after commencement.
         (11) The amendments effected by this Division are taken not to
              constitute changed circumstances that would justify making an
              order to discharge or vary, or to suspend or revive the operation
10            of, some or all of a parenting order that was made before
              commencement.
         Division 2 -- Amendments about compliance regime
     100. Section 89 amended
                Section 89(3) is amended by deleting "205H(1)(c) of
15              proceedings under Division 13 Subdivision 2" and inserting
                instead --
                " 205O of proceedings under Division 13 Subdivision 5 ".
     101.       Part 5 Division 13 replaced
                Part 5 Division 13 is repealed and the following Division is
20              inserted instead --
     "
              Division 13 -- Consequences of failure to comply with
                orders, and other obligations, that affect children
                             Subdivision 1 -- Preliminary
25          205A. Simplified outline of Division -- FLA s. 70NAA
                (1) This Division deals with the powers that a court has to
                    make orders to enforce compliance with orders under
                    this Act affecting children.


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                (2) A court always has the power to vary the order under
                    Subdivision 2, and, in doing so, the court will have
                    regard to any parenting plan that has been entered into
                    since the order was made (see section 205H).
5               (3) The other orders that a court can make depend on
                    whether --
                      (a) a contravention is alleged to have occurred but
                            is not established (Subdivision 3); or
                      (b) the court finds that a contravention has
10                          occurred but there is a reasonable excuse for
                            the contravention (Subdivision 4); or
                      (c) the court finds that there was a contravention
                            and there is no reasonable excuse for the
                            contravention (Subdivision 5 for less serious
15                          contraventions and Subdivision 6 for more
                            serious contraventions).
              205B. Application of Division -- FLA s. 70NAB
                     Despite anything contained in any other provision of
                     this Division, this Division does not apply in respect of
20                   a contravention, committed before this Division
                     commences, of an order under this Act affecting
                     children if a court made an order, in respect of that
                     contravention before this Division commences, under
                     this Act as previously in force.
25            205C. Meaning of "contravened an order" -- FLA
                    s. 70NAC
                     A person is taken for the purposes of this Division to
                     have contravened an order under this Act affecting
                     children if, and only if --
30                     (a) where the person is bound by the order, he or
                             she has --
                               (i) intentionally failed to comply with the
                                     order; or
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                   (ii) made no reasonable attempt to comply
                         with the order;
                  or
              (b) otherwise, he or she has --
5                   (i) intentionally prevented compliance with
                         the order by a person who is bound by
                         it; or
                   (ii) aided or abetted a contravention of the
                         order by a person who is bound by it.
10   205D. Requirements taken to be included in certain
           orders -- FLA s. 70NAD
             For the purposes of this Division --
               (a) a parenting order that deals with whom a child
                     is to live with is taken to include a requirement
15                   that people act in accordance with section 96 in
                     relation to the order; and
              (b) a parenting order that deals with whom a child
                     is to spend time with is taken to include a
                     requirement that people act in accordance with
20                   section 97 in relation to the order; and
               (c) a parenting order that deals with whom a child
                     is to communicate with is taken to include a
                     requirement that people act in accordance with
                     section 98 in relation to the order; and
25            (d) a parenting order to which section 98 applies is
                     taken to include a requirement that people act
                     in accordance with that section in relation to the
                     order.
     205E. Meaning of "reasonable excuse for contravening"
30         an order -- FLA s. 70NAE
       (1) The circumstances in which a person may be taken to
           have had, for the purposes of this Division, a

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                    reasonable excuse for contravening an order under this
                    Act affecting children include, but are not limited to,
                    the circumstances set out in subsections (2), (4), (5),
                    (6) and (7).
5               (2) A person (the "respondent") is taken to have had a
                    reasonable excuse for contravening an order under this
                    Act affecting children if --
                       (a) the respondent contravened the order because,
                            or substantially because, he or she did not, at
10                          the time of the contravention, understand the
                            obligations imposed by the order on the person
                            who was bound by it; and
                      (b) a court is satisfied that the respondent ought to
                            be excused in respect of the contravention.
15              (3) If a court decides that a person had a reasonable excuse
                    for contravening an order under this Act for the reason
                    referred to in subsection (2)(a), it is the duty of the
                    court to explain to the person, in language likely to be
                    readily understood by the person, the obligations
20                  imposed on him or her by the order and the
                    consequences that may follow if he or she again
                    contravenes the order.
                (4) A person (the "respondent") is taken to have had a
                    reasonable excuse for contravening a parenting order to
25                  the extent to which it deals with whom a child is to live
                    with in a way that resulted in the child not living with a
                    person in whose favour the order was made if --
                       (a) the respondent believed on reasonable grounds
                            that the actions constituting the contravention
30                          were necessary to protect the health or safety of
                            a person (including the respondent or the child);
                            and
                      (b) the period during which, because of the
                            contravention, the child did not live with the

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                  person in whose favour the order was made was
                  not longer than was necessary to protect the
                  health or safety of the person referred to in
                  paragraph (a).
5    (5) A person (the "respondent") is taken to have had a
         reasonable excuse for contravening a parenting order to
         the extent to which it deals with whom a child is to
         spend time with in a way that resulted in a person and a
         child not spending time together as provided for in the
10       order if --
           (a) the respondent believed on reasonable grounds
                  that not allowing the child and the person to
                  spend time together was necessary to protect
                  the health or safety of a person (including the
15                respondent or the child); and
           (b) the period during which, because of the
                  contravention, the child and the person did not
                  spend time together was not longer than was
                  necessary to protect the health or safety of the
20                person referred to in paragraph (a).
     (6) A person (the "respondent") is taken to have had a
         reasonable excuse for contravening a parenting order to
         the extent to which it deals with whom a child is to
         communicate with in a way that resulted in a person
25       and a child not having the communication provided for
         under the order if --
           (a) the respondent believed on reasonable grounds
                  that not allowing the child and the person to
                  communicate together was necessary to protect
30                the health or safety of a person (including the
                  respondent or the child); and
           (b) the period during which, because of the
                  contravention, the child and the person did not
                  communicate was not longer than was


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                            necessary to protect the health or safety of the
                            person referred to in paragraph (a).
                (7) A person (the "respondent") is taken to have had a
                    reasonable excuse for contravening a parenting order to
5                   which section 98A applies by acting contrary to
                    section 98A if --
                      (a) the respondent believed on reasonable grounds
                            that the action constituting the contravention
                            was necessary to protect the health or safety of
10                          a person (including the respondent or the child);
                            and
                      (b) the period during which, because of that action,
                            a person in whose favour the order was made
                            was hindered in or prevented from discharging
15                          responsibilities under the order was not for
                            longer than was necessary to protect the health
                            or safety of the person referred to in
                            paragraph (a).
              205F. Standard of proof -- FLA s. 70NAF
20              (1) Subject to subsection (3), the standard of proof to be
                    applied in determining matters in proceedings under
                    this Division is proof on the balance of probabilities.
                (2) Without limiting subsection (1), that subsection applies
                    to the determination of whether a person who
25                  contravened an order under this Act affecting children
                    had a reasonable excuse for the contravention.
                (3) A court may only make an order under --
                       (a) section 205SB(2)(a), (d) or (e); or
                       (b) section 205SF(3)(a),
30                  if the court is satisfied beyond reasonable doubt that
                    the grounds for making the order exist.


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       Subdivision 2 -- Court's power to vary parenting order
     205G. Variation of parenting order -- FLA s. 70NBA
       (1) A court may make an order varying a primary order
           if --
5             (a) proceedings in relation to the primary order are
                   brought before the court; and
              (b) it is alleged in those proceedings that a person
                   committed a contravention of the primary order
                   and either --
10                    (i) the court does not find that the person
                            committed a contravention of the
                            primary order; or
                     (ii) the court finds that the person
                            committed a contravention of the
15                          primary order.
       (2) If Subdivision 6 applies to the contravention, when
           making an order under subsection (1) varying a
           primary order, a court, in addition to regarding, under
           section 66A, the best interests of the child as the
20         paramount consideration, must, if any of the following
           considerations is relevant, take that consideration into
           account --
              (a) the person who contravened the primary order
                   did so after having attended, after having
25                 refused or failed to attend, or after having been
                   found to be unsuitable to take any further part
                   in, a post-separation parenting program or a
                   part of such a program;
              (b) there was no post-separation parenting program
30                 that the person who contravened the primary
                   order could attend;
              (c) because of the behaviour of the person who
                   contravened the primary order, it was not

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                            appropriate, in the court's opinion, for the
                            person to attend a post-separation parenting
                            program, or a part of such a program;
                      (d) the primary order was a compensatory
5                           parenting order made under section 205O(1)(b)
                            or 205SB(2)(c) after the person had
                            contravened a previous order under this Act
                            affecting children.
                (3) This section does not limit the circumstances in which
10                  a court may vary a primary order.
              205H. Effect of parenting plan -- FLA s. 70NBB
                (1) This section applies if --
                       (a) a parenting order has been made in relation to a
                            child (whether before or after the
15                          commencement of section 101 of the Family
                            Legislation Amendment Act 2006); and
                      (b) after the parenting order was made, the parents
                            of the child made a parenting plan that dealt
                            with a matter (the "relevant matter") that was
20                          dealt with in the parenting order.
                (2) If --
                       (a) section 205G applies to proceedings brought in
                            relation to the parenting order in relation to the
                            relevant matter; and
25                    (b) the parenting plan was in force when the
                            contravention of the parenting order --
                              (i) is alleged to have been committed; or
                             (ii) occurred,
                    a court must, in exercising its powers under
30                  section 205G --
                       (c) have regard to the terms of the parenting plan;
                            and

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               (d) consider whether to exercise its powers under
                   section 205G to make an order varying the
                   parenting order to include (with or without
                   modification) some or all of the provisions of
5                  the parenting plan.
      Subdivision 3 -- Contravention alleged but not established
     205I.    Application of Subdivision -- FLA s. 70NCA
              This Subdivision applies if --
               (a) a primary order has been made, whether before
10                   or after the commencement of this Subdivision;
                     and
               (b) proceedings in relation to the primary order are
                     brought before a court; and
               (c) it is alleged in those proceedings that a person
15                   (the "respondent") committed a contravention
                     of the primary order; and
               (d) a court does not find that the respondent
                     committed a contravention of the primary
                     order.
20   205J.    Costs -- FLA s. 70NCB
        (1) A court may make an order that the person who
            brought the proceedings (the "applicant") pay some or
            all of the costs of another party, or other parties, to the
            proceedings.
25      (2) A court must consider making an order under
            subsection (1) if --
              (a) the applicant has previously brought
                     proceedings in relation to the primary order or
                     another primary order in which the applicant
30                   alleged that the respondent committed a
                     contravention of the primary order or that other
                     primary order; and
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                       (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 --
5                            (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
10                                 committed a contravention of the
                                   primary order or that other primary
                                   order but did not make an order under
                                   section 205G, 205L, 205M, 205O or
                                   205SB in relation to the contravention.
15            Subdivision 4 -- Contravention established but reasonable
                              excuse for contravention
              205K. Application of Subdivision -- FLA s. 70NDA
                     This Subdivision applies if --
                      (a) a primary order has been made, whether before
20                          or after the commencement of this Subdivision;
                            and
                      (b) a court is satisfied that a person (the
                            "respondent") has, whether before or after the
                            commencement, committed a contravention
25                          (the "current contravention") of the primary
                            order; and
                      (c) the respondent proves that he or she had a
                            reasonable excuse for the current contravention.




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     205L. Order compensating person for time lost -- FLA
           s. 70NDB
       (1) If --
              (a) the primary order is a parenting order in
5                  relation to a child; and
              (b) 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),
           a court --
10            (c) may make a further parenting order that
                   compensates the person for 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
                   current contravention; and
15            (d) must consider making that kind of order.
       (2) A court must not make an order under subsection (1)(c)
           if it would not be in the best interests of the child for
           the court to do so.
     205M. Costs -- FLA s. 70NDC
20     (1) If a court does not make an order under section 205L in
           relation to the current contravention, the court may
           make an order that the person who brought the
           proceedings (the "applicant") pay some or all of the
           costs of another party, or other parties, to the
25         proceedings.
       (2) A court must consider making an order under
           subsection (1) if --
              (a) the applicant has previously brought
                   proceedings in relation to the primary order or
30                 another primary order in which the applicant
                   alleged that the respondent committed a


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                           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
5                          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
10                                 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
15                                 section 205G, 205L, 205O or 205SB in
                                   relation to the contravention.
               Subdivision 5 -- Contravention without reasonable excuse
                              (less serious contravention)
              205N. Application of Subdivision -- FLA s. 70NEA
20              (1) Subject to subsection (4), this Subdivision applies if --
                     (a) a primary order has been made, whether before
                           or after the commencement of this Division;
                           and
                     (b) a court is satisfied that a person has, whether
25                         before or after that commencement, committed
                           a contravention (the "current contravention")
                           of the primary order; and
                     (c) the person does not prove that he or she had a
                           reasonable excuse for the current contravention;
30                         and




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           (d) either subsection (2) or (3) applies,
         and, if the primary order is an order for the
         maintenance of a child, this Subdivision applies
         irrespective of the period since the current
5        contravention occurred.
     (2) For the purposes of subsection (1)(d), this subsection
         applies if no court has previously --
            (a) made an order imposing a sanction or taking an
                  action in respect of a contravention by the
10                person of the primary order; or
           (b) under section 205O(1)(c), adjourned
                  proceedings in respect of a contravention by the
                  person of the primary order.
     (3) For the purposes of subsection (1)(d), this subsection
15       applies if --
            (a) a court has previously --
                    (i) made an order imposing a sanction or
                          taking an action in respect of a
                          contravention by the person of the
20                        primary order; or
                   (ii) under section 205O(1)(c), adjourned
                          proceedings in respect of a
                          contravention by the person of the
                          primary order;
25                and
           (b) the court, in dealing with the current
                  contravention, is satisfied that it is more
                  appropriate for that contravention to be dealt
                  with under this Subdivision.
30   (4) This Subdivision does not apply if, in circumstances
         mentioned in subsection (2), the court dealing with the
         current contravention is satisfied that the person who
         contravened the primary order has behaved in a way

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                      that showed a serious disregard for his or her
                      obligations under the primary order.
              205O. Powers of court -- FLA s. 70NEB
                (1) If this Subdivision applies, a court may do any or all of
5                   the following --
                       (a) make an order directing --
                                (i) the person who committed the current
                                     contravention; or
                               (ii) that person and another specified
10                                   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
15                           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
20                           further parenting order under Part 5 Division 6
                             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
25                           committed the current contravention to enter
                             into a bond in accordance with section 205P;
                       (e) if --
                                (i) the current contravention is a
                                     contravention of a parenting order in
30                                   relation to a child; and
                               (ii) the current contravention resulted in a
                                     person not spending time with the child


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                         (or the child not living with a person for
                         a particular period); and
                  (iii) the person referred to in
                         subparagraph (ii) reasonably incurs
5                        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
10               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
15               proceedings under this Division;
           (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
20               costs of the person who committed the current
                 contravention.
     (2) A court must not make an order under subsection (1)(a)
         directed to a person other than the person who
         committed the current contravention unless --
25         (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
30               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.



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                (3) If a court makes an order under subsection (1)(a), the
                    executive manager of the court must ensure that the
                    provider of the program concerned is notified of the
                    making of the order.
5               (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
10                          living with a person for a particular period),
                    a court must consider making an order under
                    subsection (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
15                  contravention.
                (5) A court must not make an order under subsection (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
20                  mentioned in subsection (1)(c), a 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
25                          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
30                          current contravention;
                       (d) any other matters that the court thinks relevant.



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       (7) A court must consider making an order under
           subsection (1)(g) if --
             (a) the person (the "applicant") who brought the
                  proceedings in relation to the current
5                 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
10                 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
15                 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
20                  (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 205G, 205L, 205M, 205SB or
25                         this section in relation to the
                           contravention.
     205P. Bonds -- FLA s. 70NEC
       (1) This section provides for bonds that a court may
           require a person to enter into under section 205O(1)(d).
30     (2) A bond is to be for a specified period of up to 2 years.
       (3) A bond may be --
             (a) with or without surety; and
             (b) with or without security.

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                (4) The conditions that may be imposed on a person by a
                    bond include (without limitation) conditions that
                    require the person --
                       (a) to attend an appointment (or a series of
5                           appointments) with a family consultant; or
                      (b) to attend family counselling; or
                       (c) to attend family dispute resolution; or
                      (d) to be of good behaviour.
                (5) If a court proposes to require a person to enter into a
10                  bond, it must, before making the requirement, explain
                    to the person, in language likely to be readily
                    understood by the person --
                       (a) the purpose and effect of the proposed
                            requirement; and
15                    (b) the consequences that may follow if the
                            person --
                               (i) fails to enter into the bond; or
                              (ii) having entered into the bond, fails to act
                                    in accordance with the bond.
20            205Q. Duties of provider of post-separation parenting
                    program -- FLA s. 70NED
                      The provider of a post-separation parenting program
                      must inform a court if --
                       (a) the provider considers that a person ordered to
25                           attend the program under section 205O(1)(a) is
                             unsuitable to attend the program, or to continue
                             attending the program; or
                       (b) a person ordered to attend the program under
                             section 205O(1)(a) fails to attend the program,
30                           or a part of it.



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     205R. Evidence -- FLA s. 70NEF
       (1) Evidence of anything said, or of any admission made,
           by a person attending a post-separation parenting
           program is not admissible --
5            (a) in any court (whether of a kind referred to in
                   section 8(a) or (b) or otherwise); or
             (b) in any proceedings before a person authorised
                   by a law of the Commonwealth, of a State or
                   Territory, or by the consent of the parties, to
10                 hear evidence.
       (2) Subsection (1) does not apply to the following --
             (a) an admission by an adult that indicates that a
                   child under 18 has been abused or is at risk of
                   abuse;
15           (b) a disclosure by a child under 18 that indicates
                   that the child has been abused or is at risk of
                   abuse,
           unless, in the opinion of the court or person authorised
           to hear evidence referred to in subsection (1), there is
20         sufficient evidence of the admission or disclosure
           available to the court from other sources.
     205S. Court may make further orders in relation to
           attendance at program -- FLA s. 70NEG
             A court may make such orders as it considers
25           appropriate, other than the orders referred to in
             section 205SB(2), in respect of a person, if --
               (a) it appears to the court that the person has not
                     attended a post-separation parenting program
                     that the person was ordered to attend; or
30             (b) the person was assessed as unsuitable to attend
                     a program.


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               Subdivision 6 -- Contravention without reasonable excuse
                             (more serious contravention)
              205SA. Application of Subdivision -- FLA s. 70NFA
                (1) Subject to subsection (2), this Subdivision applies if --
5                     (a) a primary order has been made, whether before
                            or after the commencement of this Division;
                            and
                      (b) a court is satisfied that a person has, whether
                            before or after that commencement, committed
10                          a contravention (the "current contravention")
                            of the primary order; and
                      (c) the person does not prove that he or she had a
                            reasonable excuse for the current contravention;
                            and
15                    (d) either subsection (2) or (3) applies.
                (2) For the purposes of subsection (1)(d), this subsection
                    applies if --
                      (a) no court has previously --
                               (i) made an order imposing a sanction or
20                                   taking an action in respect of a
                                     contravention by the person of the
                                     primary order; or
                              (ii) under section 205O(1)(c), adjourned
                                     proceedings in respect of a
25                                   contravention by the person of the
                                     primary order;
                            and
                      (b) the court dealing with the current contravention
                            is satisfied that the person has behaved in a way
30                          that showed a serious disregard of his or her
                            obligations under the primary order.


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       (3) For the purposes of subsection (1)(d), this subsection
           applies if a court has previously --
             (a) made an order imposing a sanction or taking an
                   action in respect of a contravention by the
5                  person of the primary order; or
             (b) under section 205O(1)(c), adjourned
                   proceedings in respect of a contravention by the
                   person of the primary order.
       (4) This Subdivision does not apply if the court dealing
10         with the current contravention is satisfied that it is
           more appropriate for that contravention to be dealt with
           under Subdivision 5.
       (5) This Subdivision applies whether the primary order
           was made, and whether the current contravention
15         occurred, before or after the commencement of this
           Division.
     205SB. Powers of court -- FLA s. 70NFB
       (1) If this Subdivision applies, a court must, in relation to
           the person who committed the current contravention --
20            (a) make an order under subsection (2)(g), unless
                    the court is satisfied that it would not be in the
                    best interests of the child concerned to make
                    that order; and
             (b) if the court makes an order under
25                  subsection (2)(g), consider making another
                    order (or other orders) under subsection (2) that
                    the court considers to be the most appropriate
                    of the orders under subsection (2) in the
                    circumstances; and
30            (c) if the court does not make an order under
                    subsection (2)(g), make at least one order under
                    subsection (2), being the order (or orders) that
                    the court considers to be the most appropriate


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                           of the orders under subsection (2) in the
                           circumstances.
                (2) The orders that are available to be made by a court
                    are --
5                     (a) a community service order of a kind referred to
                           in, and in accordance with, section 205SC; or
                      (b) an order requiring the person to enter into a
                           bond in accordance with section 205SE; or
                      (c) if the current contravention is a contravention
10                         of a parenting order in relation to a child, a
                           further parenting order that compensates a
                           person for 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 current
15                         contravention, unless it would not be in the best
                           interests of the child concerned to make that
                           order; or
                      (d) to fine the person --
                              (i) in the case of a natural person, not more
20                                 than $6 600; or
                             (ii) in the case of a body corporate, not
                                   more than $33 000;
                           or
                      (e) subject to subsection (7), to impose a sentence
25                         of imprisonment on the person in accordance
                           with section 205SG; or
                      (f) if --
                              (i) the current contravention is a
                                   contravention of a parenting order in
30                                 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
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                  (iii) the person referred to in
                         subparagraph (ii) reasonably incurs
                         expenses as a result of the
                         contravention,
5                to 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); or
10         (g) to make an order that the person who
                 committed the current contravention pay all of
                 the costs of another party, or other parties, to
                 the proceedings under this Division; or
           (h) to make an order that the person who
15               committed the current contravention pay some
                 of the costs of another party, or other parties, to
                 the proceedings under this Division.
     (3) If a court varies or discharges under section 205SD a
         community service order made under subsection (2)(a),
20       the court may give any directions as to the effect of the
         variation or discharge that the court considers
         appropriate.
     (4) A court must not make an order imposing a sentence of
         imprisonment on a person under this section in respect
25       of a contravention of a child maintenance order made
         under this Act unless the court is satisfied that the
         contravention was intentional or fraudulent.
     (5) A court must not make an order imposing a sentence of
         imprisonment on a person under this section in respect
30       of --
            (a) a contravention of an administrative assessment
                 of child support made under the Child Support
                 (Assessment) Act; or


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                      (b) a breach of a child support agreement made
                            under that Act; or
                      (c) a contravention of an order made by a court
                            under Division 4 of Part 7 of that Act for a
5                           departure from such an assessment (including
                            such an order that contains matters mentioned
                            in section 141 of that Act).
                (6) An order under this section may be expressed to take
                    effect immediately, at the end of a specified period or
10                  on the occurrence of a specified event.
                (7) When a court makes an order under this section, the
                    court may make any other orders that the court
                    considers necessary to ensure compliance with the
                    order that was contravened.
15            205SC. When court is empowered to make a community
                     service order -- FLA s. 70NFC
                (1) In this section --
                     "Sentencing Act" means the Sentencing Act 1995.
                (2) A community service order imposed on a person under
20                  section 205SB(2)(a) can be one of the following
                    kinds --
                      (a) a community based order, within the meaning
                            of the Sentencing Act, imposed in accordance
                            with the provisions of Part 9 of that Act;
25                    (b) an intensive supervision order, within the
                            meaning of the Sentencing Act, imposed in
                            accordance with the provisions of Part 10 of
                            that Act.
                (3) For the purposes of this Act --
30                    (a) a reference in Part 9 or 10 of the Sentencing
                            Act to an offence includes a reference to the
                            contravention of an order; and

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           (b) a reference in Part 9 or 10 of the Sentencing
                  Act to an offender is a reference to a person
                  who contravened an order; and
           (c) a reference in Part 9 or 10 of the Sentencing
5                 Act to an offender's criminal behaviour is a
                  reference to the behaviour of a person who
                  contravened an order when contravening that
                  order.
     (4) A person who, under the Sentencing Act --
10         (a) is the executive manager; or
           (b) is a community corrections officer,
         has, for the purposes of this Act, the same functions as
         the person has under Part 9 or 10 of the Sentencing
         Act, unless a court orders otherwise.
15   (5) Where, under section 205SB(2)(a), a court proposes to
         impose a community service order of a kind referred to
         in this section on a person, the court must, before doing
         so, explain or cause to be explained to the person, in
         language likely to be readily understood by the
20       person --
           (a) the purpose and effect of the proposed
                  community service order; and
           (b) the requirements, obligations and conditions
                  applicable to that person under the proposed
25                community service order; and
           (c) the consequences that may follow if the person
                  fails to comply with the proposed community
                  service order or with any requirement,
                  obligation or condition applicable to that person
30                under the proposed community service order;
                  and
           (d) how the proposed community service order
                  may be discharged or varied.

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                (6) If, in the application of Part 9 or 10 of the Sentencing
                    Act for the purposes of this Act, there is any
                    inconsistency between the provisions of the Sentencing
                    Act and this Act, the provisions of this Act prevail.
5             205SD. Variation and discharge of community service
                     orders -- FLA s. 70NFD
                      If --
                         (a) the Court makes a community service order
                             under section 205SB(2)(a) then the Court may
10                           vary or discharge the order; or
                        (b) a court other than the Court makes a
                             community service order under
                             section 205SB(2)(a) then that court or the Court
                             can vary or discharge the order.
15            205SE. Bonds -- FLA s. 70NFE
                (1) This section provides for bonds that a court may
                    require a person to enter into under
                    section 205SB(2)(b).
                (2) A bond is to be for a specified period of up to 2 years.
20              (3) A bond may be --
                      (a) with or without surety; and
                      (b) with or without security.
                (4) The conditions that may be imposed on a person by a
                    bond include (without limitation) conditions that
25                  require the person --
                      (a) to attend an appointment (or a series of
                            appointments) with a family consultant; or
                      (b) to attend family counselling; or
                      (c) to attend family dispute resolution; or
30                    (d) to be of good behaviour.

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       (5) If a court proposes to require a person to enter into a
           bond, it must, before making the requirement, explain
           to the person, in language likely to be readily
           understood by the person --
5             (a) the purpose and effect of the proposed
                   requirement; and
             (b) the consequences that may follow if the
                   person --
                      (i) fails to enter into the bond; or
10                   (ii) having entered into the bond, fails to act
                           in accordance with the bond.
     205SF. Procedure for enforcing community service orders
            or bonds -- FLA s. 70NFF
       (1) If a court makes a community service order under
15         section 205SB(2)(a) in respect of a person, or an order
           under section 205SB(2)(b) requiring a person to enter
           into a bond in accordance with section 205SE, the
           following provisions have effect.
       (2) If the court (whether or not constituted by the judge or
20         magistrate who made the community service order or
           required the bond to be entered into in accordance with
           section 205SE) is satisfied that the person has, without
           reasonable excuse, failed to comply with the order or
           bond, the court may take action under subsection (3).
25     (3) The court may --
              (a) without prejudice to the continuance of the
                    community service order or the bond entered
                    into in accordance with section 205SE, impose
                    a fine not exceeding $1 100 on the person; or
30           (b) revoke the community service order or the bond
                   entered into in accordance with section 205SE
                   and, subject to subsection (4), deal with the
                   person, for the contravention in respect of

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                            which the community service order was made
                            or the bond was entered into, in any manner in
                            which the person could have been dealt with for
                            the contravention if --
5                              (i) the community service order had not
                                    been made or the bond had not been
                                    entered into; and
                              (ii) the person was before the court under
                                    section 205SB in respect of the
10                                  contravention.
                (4) In dealing with the person as mentioned in
                    subsection (3)(b), the court must, in addition to any
                    other matters that it considers should be taken into
                    account, take into account --
15                    (a) the fact that the community service order was
                            made or the bond was entered into; and
                      (b) anything done under the community service
                            order or pursuant to the bond; and
                      (c) any fine imposed, and any other order made,
20                          for or in respect of the contravention.
              205SG. Sentences of imprisonment -- FLA s. 70NFG
                (1) A sentence of imprisonment imposed on a person
                    under section 205SB(2)(e) is to be expressed to be --
                      (a) for a specified period of 12 months or less; or
25                    (b) for a period ending when the person --
                              (i) complies with the order concerned; or
                             (ii) has been imprisoned under the sentence
                                   for 12 months or such lesser period as is
                                   specified by the court,
30                         whichever happens first.
                (2) A court must not sentence a person to imprisonment
                    under section 205SB(2)(e) unless the court is satisfied

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           that, in all the circumstances of the case, it would not
           be appropriate for the court to deal with the
           contravention under any of the other paragraphs of
           section 205SB(2).
5    (3)   If a court sentences a person to imprisonment under
           section 205SB(2)(e), the court must --
              (a) state the reasons why it is satisfied as
                    mentioned in subsection (2); and
             (b) cause those reasons to be entered in the records
10                  of the court.
     (4)   The failure of a court to comply with subsection (3)
           does not invalidate a sentence.
     (5)   A court that sentences a person to imprisonment under
           section 205SB(2)(e) may --
15            (a) suspend the sentence upon the terms and
                    conditions determined by the court; and
             (b) terminate a suspension made under
                    paragraph (a).
     (6)   A court, when sentencing a person to imprisonment
20         under section 205SB(2)(e), may, if it considers it
           appropriate to do so, direct that the person be released
           upon the person entering into a bond described in
           subsection (7) after he or she has served a specified
           part of the term of imprisonment.
25   (7)   A bond for the purposes of subsection (6) is a bond
           (with or without surety or security) that the person will
           be of good behaviour for a specified period of up to
           2 years.
     (8)   A court that has sentenced a person to imprisonment
30         for a period expressed as provided by subsection (1)(b)
           may order the release of the person if it is satisfied that
           the person will, if he or she is released, comply with
           the order concerned.
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                (9) To avoid doubt, the serving by a person of a period of
                    imprisonment under a sentence imposed on the person
                    under section 205SB(2)(e) for failure to make a
                    payment under a child maintenance order does not
5                   affect the person's liability to make the payment.
              205SH. Relationship between Subdivision and other laws --
                     FLA s. 70NFH
                (1) This section applies where an act or omission by a
                    person --
10                     (a) constitutes a contravention of an order under
                            this Act affecting children; and
                      (b) is also an offence against any law.
                (2) If the person is prosecuted in respect of the offence, a
                    court in which proceedings have been brought under
15                  section 205SB in respect of the contravention of the
                    order must --
                       (a) adjourn those proceedings until the prosecution
                            has been completed; or
                      (b) dismiss those proceedings.
20              (3) The person may be prosecuted for, and convicted of,
                    the offence.
                (4) Nothing in this section renders the person liable to be
                    punished twice in respect of the same act or omission.
                                                                               ".
25   102.       Section 237 amended
                Section 237(1) is amended by deleting "section 242," and
                inserting instead --
                " sections 205SB, 237A and 242, ".




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     103.    Transitional provisions
       (1) In this section --
             "commencement" means the day on which this Division comes
                  into operation;
5            "parenting order" has the same meaning as in the Family
                  Court Act 1997.
       (2) The amendments effected by this Division apply to a
           contravention, or alleged contravention of a parenting order --
             (a) if the contravention occurs, or the alleged contravention
10                is alleged to occur, on or after commencement; and
             (b) do not apply if the contravention occurs, or the alleged
                  contravention is alleged to occur, before
                  commencement.
             Division 3 -- Amendments about the conduct of
15                       child-related proceedings
     104.    Section 5 amended
             Section 5 is amended by inserting in the appropriate
             alphabetical position --
                "
20                 (FLA s. 4(1))
                   "child-related proceedings" has the meaning given by
                       section 202A;
                                                                            ".




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     105.       Part 5 Division 11A inserted
                After Part 5 Division 11 the following Division is inserted --
     "
              Division 11A -- Principles for conducting child-related
5                                 proceedings
              Subdivision 1 -- Proceedings to which this Division applies
              202A. Proceedings to which this Division applies -- FLA
                    s. 69ZM
                (1) Subject to section 202H, this Division applies to
10                  proceedings that are wholly under this Part.
                (2) This Division also applies to proceedings that are
                    partly under this Part --
                      (a) to the extent that they are proceedings under
                            this Part; and
15                    (b) if the parties to the proceedings consent, to the
                            extent that they are not proceedings under this
                            Part.
                (3) This Division also applies to any other proceedings
                    between the parties that arise from the breakdown of
20                  the parties' relationship, if the parties to the
                    proceedings consent.
                (4) Proceedings to which this Division applies are
                    child-related proceedings.
                (5) Consent given for the purposes of subsection (2)(b) or
25                  (3) must be --
                      (a) free from coercion; and
                      (b) given in the form prescribed by the rules.
                (6) A party to proceedings may, with the leave of the
                    court, revoke a consent given for the purposes of
30                  subsection (2)(b) or (3).
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                 Subdivision 2 -- Principles for conducting
                         child-related proceedings
        202B. Principles for conducting child-related
              proceedings -- FLA s. 69ZN
5          (1) The court must give effect to the principles in this
               section --
                 (a) in performing duties and exercising powers
                        (whether under this Division or otherwise) in
                        relation to child-related proceedings; and
10               (b) in making other decisions about the conduct of
                        child-related proceedings.
           (2) Failure to give effect to the principles does not
               invalidate the proceedings or any order made in them.
           (3) Regard is to be had to the principles in interpreting this
15             Division.
           (4) The first principle is that the court is to consider the
               needs of the child concerned and the impact that the
               conduct of the proceedings may have on the child in
               determining the conduct of the proceedings.
20         (5) The second principle is that the court is to actively
               direct, control and manage the conduct of the
               proceedings.
           (6) The third principle is that the proceedings are to be
               conducted in a way that will safeguard --
25               (a) the child concerned against family violence,
                        child abuse and child neglect; and
                 (b) the parties to the proceedings against family
                        violence.
           (7) The fourth principle is that the proceedings are, as far
30             as possible, to be conducted in a way that will promote
               cooperative and child-focused parenting by the parties.

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                (8) The fifth principle is that the proceedings are to be
                    conducted without undue delay and with as little
                    formality, and legal technicality and form, as possible.
              202C. This Division also applies to proceedings in
5                   Chambers -- FLA s. 69ZO
                      A judge, registrar or magistrate, who is hearing
                      child-related proceedings in Chambers, has all of the
                      duties and powers that a court has under this Division.
              202D. Powers under this Division may be exercised on
10                  court's own initiative -- FLA s. 69ZP
                      A court may exercise a power under this Division --
                       (a) on the court's own initiative; or
                       (b) at the request of one or more of the parties to
                             the proceedings.
15             Subdivision 3 -- Duties and powers related to giving effect
                                  to the principles
              202E. General duties -- FLA s. 69ZQ
                (1) In giving effect to the principles in section 202B, the
                    court must --
20                    (a) decide which of the issues in the proceedings
                            require full investigation and hearing and which
                            may be disposed of summarily; and
                      (b) decide the order in which the issues are to be
                            decided; and
25                    (c) give directions or make orders about the timing
                            of steps that are to be taken in the proceedings;
                            and
                      (d) in deciding whether a particular step is to be
                            taken, consider whether the likely benefits of
30                          taking the step justify the costs of taking it; and

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                 (e) make appropriate use of technology; and
                 (f) if the court considers it appropriate, encourage
                       the parties to use family dispute resolution or
                       family counselling; and
5                (g) deal with as many aspects of the matter as it
                       can on a single occasion; and
                 (h) deal with the matter, where appropriate,
                       without requiring the parties' physical
                       attendance at court.
10         (2) Subsection (1) does not limit section 202B(1).
           (3) A failure to comply with subsection (1) does not
               invalidate an order.
        202F. Power to make determinations, findings and orders
              at any stage of proceedings -- FLA s. 69ZR
15         (1) If, at any time after the commencement of child-related
               proceedings and before making final orders, the court
               considers that it may assist in the determination of the
               dispute between the parties, the court may do any or all
               of the following --
20                (a) make a finding of fact in relation to the
                        proceedings;
                 (b) determine a matter arising out of the
                        proceedings;
                  (c) make an order in relation to an issue arising out
25                      of the proceedings.
           (2) Subsection (1) does not prevent the court doing
               something mentioned in subsection (1)(a), (b) or (c) at
               the same time as making final orders.
           (3) To avoid doubt, a judge, registrar or magistrate who
30             exercises a power under subsection (1) in relation to
               proceedings is not, merely because of having exercised

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                      the power, required to disqualify himself or herself
                      from a further hearing of the proceedings.
              202G. Use of family consultants -- FLA s. 69ZS
                      At any time during child-related proceedings, the court
5                     may designate a family consultant as the family
                      consultant in relation to the proceedings.
                     Subdivision 4 -- Matters relating to evidence
              202H. Rules of evidence not to apply unless court
                    decides -- FLA s. 69ZT
10              (1) The excluded rules of evidence do not apply to
                    child-related proceedings.
                (2) A court may give such weight (if any) as it thinks fit to
                    evidence admitted as a consequence of a provision of
                    the Evidence Act 1906 or the rules of evidence not
15                  applying because of subsection (1).
                (3) Despite subsection (1), a court may decide to apply one
                    or more of the excluded rules of evidence to an issue in
                    the proceedings, if --
                      (a) the court is satisfied that the circumstances are
20                          exceptional; and
                      (b) the court has taken into account (in addition to
                            any other matters the court thinks relevant) --
                               (i) the importance of the evidence in the
                                    proceedings; and
25                            (ii) the nature of the subject matter of the
                                    proceedings; and
                             (iii) the probative value of the evidence; and
                             (iv) the powers of the court (if any) to
                                    adjourn the hearing, to make another
30                                  order or to give a direction in relation to
                                    the evidence.
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           (4) If a court decides to apply an excluded rule of evidence
               to an issue in the proceedings, the court may give such
               weight (if any) as it thinks fit to evidence admitted as a
               consequence of the application of the excluded rule of
5              evidence.
           (5) Subsection (1) does not revive the operation of --
                  (a) a rule of common law; or
                 (b) any written law,
               that, but for subsection (1), would have been prevented
10             from operating because of an excluded rule of
               evidence.
           (6) In this section --
               "child-related proceedings" includes proceedings that
                     are child-related proceedings within the meaning
15                   of the Family Law Act;
               "excluded rules of evidence" means such provisions
                     of the Evidence Act 1906 and the rules of evidence
                     as most closely correspond to the provisions of the
                     Evidence Act 1995 of the Commonwealth referred
20                   to in section 69ZT of the Family Law Act.
        202I.    Evidence of family consultants -- FLA s. 69ZU
                 A court must not, without the consent of the parties to
                 the proceedings, take into account an opinion
                 expressed by a family consultant, unless the consultant
25               gave the opinion as sworn evidence.
        202J.    Evidence of children -- FLA s. 69ZV
           (1) This section applies if a court applies the law against
               hearsay under section 202H(2) to child-related
               proceedings, as defined in section 202H(6).
30         (2) Evidence of a representation made by a child about a
               matter that is relevant to the welfare of the child or

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                    another child, which would not otherwise be
                    admissible as evidence because of the law against
                    hearsay, is not inadmissible in the proceedings solely
                    because of the law against hearsay.
5               (3) A court may give such weight (if any) as it thinks fit to
                    evidence admitted under subsection (2).
                (4) This section applies despite any other Act or rule of
                    law.
                (5) In this section --
10                  "child" means a person under 18;
                    "representation" includes an express or implied
                         representation, whether oral or in writing, and a
                         representation inferred from conduct.
              202K. Evidence relating to child abuse or family
15                  violence -- FLA s. 69ZW
                (1) A court may make an order in child-related
                    proceedings requiring a prescribed government agency
                    to provide the court with the documents or information
                    specified in the order.
20              (2) The documents or information specified in the order
                    must be documents recording, or information about,
                    one or more of the following --
                      (a) any notifications to the prescribed government
                            agency of suspected abuse of a child to whom
25                          the proceedings relate or of suspected family
                            violence affecting the child;
                      (b) any assessments by the agency of investigations
                            into a notification of that kind or the findings or
                            outcomes of those investigations;
30                    (c) any reports commissioned by the agency in the
                            course of investigating a notification.


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           (3) Nothing in the order is to be taken to require a
               prescribed government agency to provide the court
               with --
                 (a) documents or information not in the possession
5                       or control of the agency; or
                 (b) documents or information that include the
                        identity of the person who made a notification.
           (4) A written law has no effect to the extent that it would,
               apart from this subsection, hinder or prevent a
10             prescribed government agency complying with the
               order.
           (5) A court must admit into evidence any documents or
               information, provided in response to the order, on
               which the court intends to rely.
15         (6) Despite subsection (5), a court must not disclose the
               identity of the person who made a notification, or
               information that could identify that person, unless --
                 (a) the person consents to the disclosure; or
                 (b) the court is satisfied that the identity or
20                      information is critically important to the
                        proceedings and that failure to make the
                        disclosure would prejudice the proper
                        administration of justice.
           (7) Before making a disclosure for the reasons in
25             subsection (6)(b), a court must ensure that a prescribed
               government agency that provided the identity or
               information --
                 (a) is notified about the intended disclosure; and
                 (b) is given an opportunity to respond.
30         (8) In this section --
               "prescribed government agency" means --
                    (a) a department; or

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                          (b) a State agency or instrumentality; or
                          (c) a body (whether incorporated or not) or the
                                holder of an office, post or position,
                                established or continued by or under a
5                               written law for a public purpose,
                          prescribed for the purpose of this section.
              202L. Court's general duties and powers relating to
                    evidence -- FLA s. 69ZX
                (1) In giving effect to the principles in section 202B, a
10                  court may --
                      (a) give directions or make orders about the
                            matters in relation to which the parties are to
                            present evidence; and
                      (b) give directions or make orders about who is to
15                          give evidence in relation to each remaining
                            issue; and
                      (c) give directions or make orders about how
                            particular evidence is to be given; and
                      (d) if the court considers that expert evidence is
20                          required, give directions or make orders
                            about --
                               (i) the matters in relation to which an
                                    expert is to provide evidence; and
                              (ii) the number of experts who may provide
25                                  evidence in relation to a matter; and
                             (iii) how an expert is to provide the expert's
                                    evidence;
                            and
                      (e) ask questions of, and seek evidence or the
30                          production of documents or other things from,
                            parties, witnesses and experts on matters
                            relevant to the proceedings.

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             (2) Without limiting subsection (1) or section 202F, the
                 court may give directions or make orders --
                   (a) about the use of written submissions; or
                   (b) about the length of written submissions; or
5                  (c) limiting the time for oral argument; or
                   (d) limiting the time for the giving of evidence; or
                   (e) that particular evidence is to be given orally; or
                   (f) that particular evidence is to be given by
                        affidavit; or
10                 (g) that evidence in relation to a particular matter
                        not be presented by a party; or
                   (h) that evidence of a particular kind not be
                        presented by a party; or
                    (i) limiting, or not allowing, cross-examination of
15                      a particular witness; or
                    (j) limiting the number of witnesses who are to
                        give evidence in the proceedings.
             (3) A court may, in child-related proceedings --
                   (a) receive into evidence the transcript of evidence
20                      in any other proceedings before --
                           (i) the court; or
                          (ii) another court; or
                         (iii) a tribunal,
                        and draw any conclusions of fact from that
25                      transcript that it thinks proper; and
                   (b) adopt any recommendation, finding, decision or
                        judgment of any court, person or body of a kind
                        mentioned in paragraph (a)(i) to (iii).
                                                                            ".
30   106.    Section 214 repealed
             Section 214 is repealed.
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     107.       Transitional provision
                The amendments effected by this Division --
                 (a) apply to proceedings commenced by an application filed
                      on or after 1 July 2006; and
5                (b) apply to proceedings commenced by an application filed
                      before 1 July 2006, if the parties to the proceedings
                      consent and the court grants leave.
     Division 4 -- Amendments about changes to dispute resolution
                          Subdivision 1 -- Amendments
10   108.       Section 5 amended
        (1) Section 5 is amended as follows:
             (a) by deleting the definitions of "approved counselling
                   organization", "approved mediation organization",
                   "arbitrator", "child counselling", "community
15                 mediator", "court counsellor", "court mediator", "family
                   and child counselling", "family and child counsellor",
                   "family and child mediation", "family and child
                   mediator", "private arbitration", "private mediator" and
                   "welfare officer";
20           (b) by inserting in the appropriate alphabetical positions --
             "
                     (FLA s. 4(1))
                     "arbitration" has the meaning given by section 56;
                     (FLA s. 4(1))
25                   "arbitrator" has the meaning given by section 57;
                     "Director of Court Counselling" means the Director
                         of Court Counselling appointed under
                         section 25(1)(d);



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         (FLA s. 4(1))
         "family consultant" has the meaning given by
             section 61;
         (FLA s. 4(1))
5        "family counselling" has the meaning given by
             section 47;
         (FLA s. 4(1))
         "family counsellor" has the meaning given by
             section 48;
10       (FLA s. 4(1))
         "family dispute resolution" has the meaning given by
             section 51;
         (FLA s. 4(1))
         "family dispute resolution practitioner" has the
15           meaning given by section 52;
         (FLA s. 4(1))
         "post-separation parenting program" has the
             meaning given by the Family Law Act;
         (FLA s. 4(1))
20       "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);
25                                                                  ";
     (c) at the end of the definition of "video link" by deleting
         the semicolon and inserting instead a full stop.




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        (2) After section 5(3) (as inserted by section 80(d) of this Act) the
             following subsection is inserted --
           "
             (4) A reference in this Act to a person or people involved
5                  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
10                           effect on the proceedings.
                                                                                ".
     109.       Section 25 amended
        (1) Section 25(1)(c) is deleted and the following paragraph is
            inserted instead --
15               "
                    (c) the executive manager;
                                                                                ".
        (2) After section 25(2) the following subsection is inserted --
           "
20           (2a) Subject to subsection (4), the Court may --
                    (a) authorise persons to act as --
                            (i) family counsellors; and
                           (ii) family dispute resolution practitioners;
                          and
25                  (b) appoint persons as family consultants.
                                                                                ".
        (3) Section 25(4) is amended as follows:
             (a) by inserting after "cannot be" --
                   " authorised to act as an officer of the court, or     ";


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               (b) after "(2)" by inserting --
                     " , (2a) ".
         (4) Section 25(5) is amended by deleting "Executive Officer" and
             inserting instead --
5            " executive manager ".
         (5) Section 25(6) is amended as follows:
               (a) by deleting "Executive Officer" in each of the 3 places
                     where it occurs and inserting in each place --
                     " executive manager ";
10             (b) by deleting "Executive Officer's" and inserting
                     instead --
                     " executive manager's ".
     110.     Section 33 amended
              Section 33(3)(e) is amended by deleting "section 60E," and
15            inserting instead --
              " section 65Q or 65R, ".
     111.     Section 33A inserted
              After section 33 the following section is inserted --
     "
20          33A.    Engagement of consultants etc. -- FLA s. 38R
              (1) The executive manager may engage persons having
                  suitable qualifications and experiences as consultants
                  to, or to perform services for, the executive manager.
              (2) An engagement under subsection (1) is to be made --
25                  (a) on behalf of the State; and
                    (b) by written agreement.
                                                                             ".


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     112.       Part 2 Division 4 replaced
                Part 2 Division 4 is repealed and the following Division is
                inserted instead --
     "
5              Division 4 -- Administration of Court's family services
              34.     Director of Court Counselling has functions of
                      family consultants -- FLA s. 38BA
                (1) The Director of Court Counselling has all of the
                    functions conferred on family consultants by section 60
10                  and any associated powers and duties.
                (2) Without limiting subsection (1), sections 62 and 63
                    apply to the Director of Court Counselling while the
                    Director of Court Counselling is performing those
                    functions.
15              (3) The Director of Court Counselling is responsible for
                    administering the functions of family consultants.
              34A.   Director of Court Counselling may delegate powers
                     and functions that relate to family consultants --
                     FLA s. 38BB
20              (1) The Director of Court Counselling may, in writing,
                    delegate to a family consultant any of the Director of
                    Court Counselling's powers, functions and duties in
                    relation to the functions of family consultants
                    mentioned in section 60.
25              (2) A delegate is, in the exercise of a delegated power,
                    function or duty, subject to the directions of the
                    Director of Court Counselling.




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     34B.   Director of Court Counselling may give directions
            that relate to family services functions -- FLA
            s. 38BC
            The Director of Court Counselling may give directions
5           that relate to --
              (a) an officer of the Court's functions as a family
                     consultant; or
              (b) an officer of the Court's or a staff member's
                     functions as a family counsellor or family
10                   dispute resolution practitioner.
     34C.   Director of Court Counselling may authorise officer
            or staff member to act as family counsellor or
            family dispute resolution practitioner -- FLA
            s. 38BD
15     (1) The Director of Court Counselling may authorise an
           officer of the Court or a staff member to provide family
           counselling under this Act.
       (2) The Director of Court Counselling may authorise an
           officer of the Court or a staff member to provide family
20         dispute resolution under this Act.
       (3) If an officer of the Court who is a family consultant
           also becomes a family counsellor, or family dispute
           resolution practitioner, because of an authorisation
           under this section --
25            (a) section 62 does not apply to the officer at any
                   time while the officer is acting as a family
                   counsellor or family dispute resolution
                   practitioner; and
             (b) the officer must not perform the functions of a
30                 family consultant in relation to particular
                   proceedings, if the officer has conducted family
                   counselling or family dispute resolution with a
                   person involved in those proceedings.

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              34D.   Director of Court Counselling may engage persons
                     to perform family counselling services -- FLA
                     s. 38R(1A)
                     The Director of Court Counselling may engage persons
5                    to perform --
                       (a) family counselling services under this Act; or
                       (b) family dispute resolution services under
                             this Act.
                                                                              ".
10   113.       Section 40 amended
                Section 40(2) is amended as follows:
                  (a) by deleting paragraph (b);
                 (b) at the end of paragraph (c) by deleting the comma and
                       inserting a full stop instead;
15                (c) by deleting "and the provisions of section 64 do not
                       apply to such a registrar".
     114.       Section 46 amended
                Section 46(1) is amended as follows:
                  (a) in paragraph (a) by deleting "and child counsellor or a
20                     welfare officer" and inserting instead --
                       " counsellor or family dispute resolution practitioner ";
                 (b) in paragraph (b) by deleting "and child counsellor or a
                       welfare officer;" and inserting instead --
                       " consultant; ".




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     115.         Part 4 replaced by Parts 4, 4A, 4B and 4C
                  Part 4 is repealed and the following Parts are inserted instead --
     "
                   Part 4   -- Non-court based family services
5                         Division 1 -- Family counselling
            47.        Meaning of "family counselling" -- FLA s. 10B
                       For the purposes of this Act --
                       "family counselling" means a process in which a
                            family counsellor helps --
10                          (a) one or more persons to deal with personal
                                  and interpersonal issues arising from
                                  relationships covered by this Act; or
                            (b) one or more persons (including children)
                                  who are affected, or likely to be affected, by
15                                the breakdown of a relationship covered by
                                  this Act to deal with either or both of the
                                  following --
                                 (i) personal and interpersonal issues;
                                (ii) issues relating to the care of children.
20          48.        Meaning of "family counsellor" -- FLA s. 10C
                       For the purposes of this Act --
                       "family counsellor" means --
                            (a) a person who is a family counsellor for the
                                 purposes of the Family Law Act; or
25                          (b) a person who is authorised to act under
                                 section 34C, or engaged under section 34D,
                                 as a family counsellor.



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              49.        Confidentiality of communications in family
                         counselling -- FLA s. 10D
                    (1) A family counsellor must not disclose a
                        communication made to the counsellor while the
5                       counsellor is conducting family counselling, unless the
                        disclosure is required or authorised by this section.
                    (2) A family counsellor must disclose a communication if
                        the counsellor reasonably believes the disclosure is
                        necessary for the purpose of complying with a law of
10                      the Commonwealth, a State or a Territory.
                    (3) A family counsellor may disclose a communication if
                        consent to the disclosure is given by --
                          (a) if the person who made the communication has
                                attained the age of 18 years, that person; or
15                        (b) if the person who made the communication is a
                                child who has not attained the age of
                                18 years --
                                   (i) each person who has parental
                                        responsibility for the child; or
20                                (ii) a court.
                    (4) A family counsellor may disclose a communication if
                        the counsellor reasonably believes that the disclosure is
                        necessary for the purpose of --
                          (a) protecting a child from the risk of harm
25                              (whether physical or psychological); or
                          (b) preventing or lessening a serious and imminent
                                threat to the life or health of a person; or
                          (c) reporting the commission, or preventing the
                                likely commission, of an offence involving
30                              violence or a threat of violence to a person; or
                          (d) preventing or lessening a serious and imminent
                                threat to the property of a person; or

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                 (e) reporting the commission, or preventing the
                        likely commission, of an offence involving
                        intentional damage to property of a person or a
                        threat of damage to property; or
5                (f) if an independent children's lawyer is
                        representing a child's interests, assisting the
                        lawyer to do so properly.
           (5) A family counsellor may disclose a communication in
               order to provide information (other than personal
10             information within the meaning of section 6 of the
               Privacy Act 1988 of the Commonwealth) for research
               relevant to families.
           (6) Evidence that would be inadmissible because of
               section 50 is not admissible merely because this section
15             requires or authorises its disclosure.
           (7) In this section --
               "communication" includes admission.
     50.        Admissibility of communications in family
                counselling and in referrals from family
20              counselling -- FLA s. 10E
           (1) Evidence of anything said, or any admission made, by
               or in the company of --
                  (a) a family counsellor conducting family
                       counselling; or
25               (b) a person (the "professional") to whom a family
                       counsellor refers a person for medical or other
                       professional consultation, while the
                       professional is carrying out professional
                       services for the person,
30             is not admissible --
                  (c) in any court (whether of a kind referred to in
                       section 8(a) or (b) or otherwise); or

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                          (d) in any proceedings before a board, tribunal or
                                 person authorised to hear evidence.
                    (2) Subsection (1) does not apply to --
                          (a) an admission by an adult that indicates that a
5                                child who has not attained the age of 18 years
                                has been abused or is at risk of abuse; or
                          (b) a disclosure by a child who has not attained the
                                age of 18 years that indicates that the child has
                                been abused or is at risk of abuse,
10                      unless, in the opinion of the court or board, tribunal or
                        person authorised to hear evidence referred to in
                        subsection (1), there is sufficient evidence of the
                        admission or disclosure available to the court from
                        other sources.
15                  (3) A family counsellor who refers a person to a
                        professional (within the meaning of subsection (1)(b))
                        must inform the professional of the effect of this
                        section.
                          Division 2 -- Family dispute resolution
20            51.        Meaning of "family dispute resolution" -- FLA
                         s. 10F
                         For the purposes of this Act --
                         "family dispute resolution" is a process (other than a
                              judicial process) --
25                            (a) in which a family dispute resolution
                                    practitioner helps people affected, or likely
                                    to be affected, by separation or divorce to
                                    resolve some or all of their disputes with
                                    each other; and
30                            (b) in which the practitioner is independent of
                                    all of the parties involved in the process.

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     52.        Meaning of "family dispute resolution
                practitioner" -- FLA s. 10G
                For the purposes of this Act --
                "family dispute resolution practitioner" means --
5                    (a) a person who is a family dispute resolution
                         practitioner for the purposes of the Family
                         Law Act; or
                     (b) a person who is authorised to act under
                         section 34C, or engaged under section 34D,
10                       as a family dispute resolution practitioner.
     53.        Confidentiality of communications in family dispute
                resolution -- FLA s. 10H
           (1) A family dispute resolution practitioner must not
               disclose a communication made to the practitioner
15             while the practitioner is conducting family dispute
               resolution, unless the disclosure is required or
               authorised by this section.
           (2) A family dispute resolution practitioner must disclose a
               communication if the practitioner reasonably believes
20             the disclosure is necessary for the purpose of
               complying with a law of the Commonwealth, a State or
               a Territory.
           (3) A family dispute resolution practitioner may disclose a
               communication if consent to the disclosure is given
25             by --
                 (a) if the person who made the communication has
                       attained the age of 18 years, that person; or
                 (b) if the person who made the communication is a
                       child who has not attained the age of
30                     18 years --
                          (i) each person who has parental
                               responsibility for the child; or
                         (ii) a court.

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                (4) A family dispute resolution practitioner may disclose a
                    communication if the practitioner reasonably believes
                    that the disclosure is necessary for the purpose of --
                      (a) protecting a child from the risk of harm
5                            (whether physical or psychological); or
                      (b) preventing or lessening a serious and imminent
                             threat to the life or health of a person; or
                      (c) reporting the commission, or preventing the
                             likely commission, of an offence involving
10                           violence or a threat of violence to a person; or
                      (d) preventing or lessening a serious and imminent
                             threat to the property of a person; or
                      (e) reporting the commission, or preventing the
                             likely commission, of an offence involving
15                           intentional damage to property of a person or a
                             threat of damage to property; or
                      (f) if an independent children's lawyer is
                             representing a child's interests, assisting the
                             lawyer to do so properly.
20              (5) A family dispute resolution practitioner may disclose a
                    communication in order to provide information (other
                    than personal information within the meaning of
                    section 6 of the Privacy Act 1988 of the
                    Commonwealth) for research relevant to families.
25              (6) A family dispute resolution practitioner may disclose
                    information necessary for the practitioner to give a
                    certificate under section 66H(7).
                (7) Evidence that would be inadmissible because of
                    section 54 is not admissible merely because this section
30                  requires or authorises its disclosure.
                (8) In this section --
                    "communication" includes admission.

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     54.        Admissibility of communications in family dispute
                resolution and in referrals from family dispute
                resolution -- FLA s. 10J
           (1) Evidence of anything said, or any admission made, by
5              or in the company of --
                  (a) a family dispute resolution practitioner
                       conducting family dispute resolution; or
                 (b) a person (the "professional") to whom a family
                       dispute resolution practitioner refers a person
10                     for medical or other professional consultation,
                       while the professional is carrying out
                       professional services for the person,
               is not admissible --
                  (c) in any court (whether of a kind referred to in
15                     section 8(a) or (b) or otherwise); or
                 (d) in any proceedings before a board, tribunal or
                       person authorised to hear evidence.
           (2) Subsection (1) does not apply to --
                  (a) an admission by an adult that indicates that a
20                     child under 18 has been abused or is at risk of
                       abuse; or
                 (b) a disclosure by a child under 18 that indicates
                       that the child has been abused or is at risk of
                       abuse,
25             unless, in the opinion of the court, board, tribunal or
               person authorised to hear evidence referred to in
               subsection (1), there is sufficient evidence of the
               admission or disclosure available to the court from
               other sources.
30         (3) Subsection (1) does not apply to information necessary
               for a practitioner to give a certificate under
               section 66H(7).

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                    (4) A family dispute resolution practitioner who refers a
                        person to a professional (within the meaning of
                        paragraph (1)(b)) must inform the professional of the
                        effect of this section.
5             55.        Family dispute resolution practitioners must
                         comply with regulations -- FLA s. 10K
                    (1) The regulations may prescribe requirements to be
                        complied with by family dispute resolution
                        practitioners in relation to the family dispute resolution
10                      services they provide.
                    (2) The regulations may prescribe penalties not exceeding
                        $1 100 in respect of offences against regulations made
                        for the purposes of subsection (1).
                               Division 3 -- Arbitration
15            56.        Meaning of "arbitration" -- FLA s. 10L
                    (1) For the purposes of this Act --
                        "arbitration" means a process (other than the judicial
                             process) in which parties to a dispute present
                             arguments and evidence to an arbitrator, who
20                           makes a determination to resolve the dispute.
                    (2) Arbitration may be either --
                          (a) section 65M arbitration, which is arbitration of
                                Part 5A Division 2 proceedings carried out as a
                                result of an order made under section 65M; or
25                       (b) relevant property or financial arbitration, which
                                is arbitration (other than section 65M
                                arbitration) of --
                                   (i) Part 5A Division 2 or 3 proceedings or
                                         section 221 proceedings; or
30                                (ii) any part of such proceedings; or
                                 (iii) any matter arising in such proceedings;
                                         or

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                         (iv) a dispute about a matter with respect to
                              which such proceedings could be
                              instituted.
     57.         Meaning of "arbitrator" -- FLA s. 10M
5                An arbitrator is a person who meets the requirements
                 prescribed in the regulations to be an arbitrator.
     58.         Arbitrators may charge fees for their services --
                 FLA s. 10N
           (1) An arbitrator conducting arbitration may charge the
10             parties to the arbitration fees for conducting it.
           (2) The arbitrator must give written information about
               those fees to the parties before the arbitration starts.
     59.         Immunity of arbitrators -- FLA s. 10P
                 An arbitrator has, in performing his or her functions as
15               an arbitrator, the same protection and immunity as a
                 judge has in performing the functions of a judge.
                    Part 4A -- Family consultants
                  Division 1 -- About family consultants
     60.         Functions of family consultants -- FLA s. 11A
20               The functions of family consultants are to provide
                 services in relation to proceedings under this Act,
                 including --
                   (a) assisting and advising people involved in the
                         proceedings; and
25                 (b) assisting and advising courts, and giving
                         evidence, in relation to the proceedings; and



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                           (c) helping people involved in the proceedings to
                               resolve disputes that are the subject of the
                               proceedings; and
                           (d) reporting to the court under section 73; and
5                          (e) advising the court about appropriate family
                               counsellors, family dispute resolution
                               practitioners and courses, programs and
                               services to which the court can refer the parties
                               to the proceedings.
10            61.        Meaning of "family consultant" -- FLA s. 11B
                         For the purposes of this Act --
                         "family consultant" means a person who is a family
                              consultant for the purposes of the Family Law Act.
              62.        Admissibility of communications with family
15                       consultants and referrals from family
                         consultants -- FLA s. 11C
                    (1) Evidence of anything said, or any admission made, by
                        or in the company of --
                           (a) a family consultant performing the functions of
20                              a family consultant; or
                          (b) a person (the "professional") to whom a family
                                consultant refers a person for medical or other
                                professional consultation, while the
                                professional is carrying out professional
25                              services for the person,
                        is admissible in proceedings under this Act.
                    (2) Subsection (1) does not apply to a thing said or an
                        admission made by a person who, at the time of saying
                        the thing or making the admission, had not been
30                      informed of the effect of subsection (1).


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           (3) Despite subsection (2), a thing said or admission made
               is admissible even if the person who said the thing or
               made the admission had not been informed of the effect
               of subsection (1), if --
5                 (a) it is an admission by an adult that indicates that
                       a child who has not attained the age of 18 years
                       has been abused or is at risk of abuse; or
                 (b) it is a disclosure by a child who has not attained
                       the age of 18 years that indicates that the child
10                     has been abused or is at risk of abuse,
               unless, in the opinion of the court, there is sufficient
               evidence of the admission or disclosure available to the
               court from other sources.
     63.        Immunity of family consultants -- FLA s. 11D
15              A family consultant has, in performing his or her
                functions as a family consultant, the same protection
                and immunity as a judge has in performing the
                functions of a judge.
         Division 2 -- Courts' use of family consultants
20   64.    Courts to consider seeking advice from family
            consultants -- FLA s. 11E
           (1) If, under this Act, a court has the power to --
                  (a) order a person to attend family counselling or
                       family dispute resolution; or
25               (b) order a person to participate in a course,
                       program or other service (other than
                       arbitration); or
                  (c) order a person to attend appointments with a
                       family consultant; or



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                          (d) advise or inform a person about family
                                 counselling, family dispute resolution or other
                                 courses, programs or services,
                        the court --
5                          (e) may, before exercising the power, seek the
                                advice of a family consultant as to the services
                                appropriate to the needs of the person and the
                                most appropriate provider of those services;
                                and
10                         (f) must, before exercising the power, consider
                                seeking that advice.
                    (2) If the court seeks advice under subsection (1), the court
                        must inform the person in relation to whom the advice
                        is sought --
15                         (a) whom the court is seeking advice from; and
                          (b) the nature of the advice the court is seeking.
              65.        Court may order parties to attend appointments
                         with a family consultant -- FLA s. 11F
                    (1) A court exercising jurisdiction in proceedings under
20                      this Act may order one or more parties to the
                        proceedings to attend an appointment (or a series of
                        appointments) with a family consultant.
                    (2) When making an order under subsection (1), a court
                        must inform the parties of the effect of section 65A.
25                  (3) A court may make orders under this section --
                          (a) on its own initiative; or
                          (b) on the application of --
                                  (i) a party to the proceedings; or
                                 (ii) an independent children's lawyer
30                                     representing a child's interests under an
                                       order made under section 164.

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     65A.   Consequences of failure to comply with order under
            section 65 -- FLA s. 11G
       (1) If a person who is ordered to attend an appointment
           with a family consultant under section 65 fails to
5          comply with --
              (a) the order made by the court; or
             (b) any instruction the consultant gives to the
                    person,
           the consultant must report the failure to the court.
10     (2) On receiving the report, the court may make any
           further orders it considers appropriate.
       (3) The court may make orders under subsection (2) --
              (a) on its own initiative; or
             (b) on the application of --
15                    (i) a party to the proceedings; or
                     (ii) an independent children's lawyer
                            representing a child's interests under an
                            order made under section 164.
      Part 4B -- Obligations to inform people about
20      non-court based family services and about
              court's processes and services
                   Division 1 -- Introduction
     65B.   Objects of this Part -- FLA s. 12A
            The objects of this Part are --
25           (a) to ensure that parents or de facto partners
                   considering ending their relationship are
                   informed about the services available to help
                   with a possible reconciliation, in situations
                   where a reconciliation seems a reasonable
30                 possibility; and

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                       (b) to ensure that parents or people affected, or
                           likely to be affected, by the breakdown of a
                           relationship covered by this Act are informed
                           about the services available to help them adjust
5                          to --
                              (i) the breakdown of the relationship; and
                             (ii) orders made under this Act;
                           and
                       (c) to ensure that parents or people affected, or
10                         likely to be affected, by the breakdown of a
                           relationship covered by this Act are informed
                           about ways of resolving disputes other than by
                           applying for orders under this Act.
                 Division 2 -- Kind of information to be provided
15            65C. Prescribed information about non-court based
                     family services and court's processes and
                     services -- FLA s. 12B
                (1) The regulations may prescribe information that is to be
                    included in documents provided to persons under this
20                  Part, relating to non-court based family services and
                    court's processes and services.
                (2) Without limitation, information prescribed under this
                    section must include information about --
                      (a) the legal and possible social effects of the
25                           proposed proceedings (including the
                             consequences for children whose care, welfare
                             or development is likely to be affected by the
                             proceedings); and
                      (b) the services provided by family counsellors and
30                           family dispute resolution practitioners to help
                             people affected by the breakdown of
                             relationships covered by this Act; and

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                 (c) the steps involved in the proposed proceedings;
                     and
                 (d) the role of family consultants; and
                 (e) the arbitration facilities available to arbitrate
5                    disputes in relation to the breakdown of
                     relationships covered by this Act.
     65D.       Prescribed information about reconciliation -- FLA
                s. 12C
                The regulations may prescribe information that is to be
10              included in documents provided to persons under this
                Part, relating to services available to help with a
                reconciliation between partners to a de facto
                relationship covered by this Act.
     65E.       Prescribed information about Part 5 proceedings --
15              FLA s. 12D
       (1) The regulations may prescribe information that is to be
           included in documents provided under this Part to
           persons involved in proceedings under Part 5.
       (2) Without limitation, the information must include
20         information about the family counselling services
           available to assist the parties, and the child or children
           concerned, to adjust to the consequences of orders
           under that Part.
      Division 3 -- Who must provide information and when
25   65F. Obligations on legal practitioners -- FLA s. 12E
       (1) A legal practitioner who is consulted by a person
           considering instituting proceedings under this Act must
           give the person documents containing the information
           prescribed under section 65C.



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                (2) A legal practitioner who is consulted by, or who is
                    representing, a person who is a party to financial or
                    Part 5 proceedings in relation to a relationship covered
                    by this Act must give the person documents containing
5                   the information prescribed under section 65D.
                (3) A legal practitioner representing a party in proceedings
                    under Part 5 must give the party documents containing
                    the information prescribed under section 65E.
                (4) A legal practitioner does not have to comply with
10                  subsection (1), (2) or (3) if the practitioner has
                    reasonable grounds to believe that the person has
                    already been given documents containing the
                    prescribed information mentioned in that subsection.
                (5) A legal practitioner does not have to comply with
15                  subsection (2) if the practitioner considers that there is
                    no reasonable possibility of a reconciliation between
                    the de facto partners.
              65G.   Obligations on executive manager -- FLA s. 12F
                (1) The executive manager must ensure that any person
20                  who is considering instituting proceedings under this
                    Act is, on the first occasion the person deals with a
                    registry of the court, given documents containing the
                    information prescribed under --
                      (a) section 65C; and
25                    (b) section 65D.
                (2) The executive manager must ensure that, if a person
                    involved in proceedings under this Act requests an
                    officer or staff member of the court for information
                    about family counselling services or family dispute
30                  resolution services, the person is given documents
                    containing information about those services.



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     65H.       Obligations on family counsellors, family dispute
                resolution practitioners and arbitrators -- FLA
                s. 12G
        (1) A family counsellor, family dispute resolution
5           practitioner or arbitrator who deals with a person
            considering instituting financial or Part 5 proceedings
            in relation to a relationship covered by this Act must
            give the person (and in appropriate cases, that person's
            de facto partner) documents containing the information
10          prescribed under section 65D.
        (2) A family counsellor, family dispute resolution
            practitioner or arbitrator does not have to comply with
            subsection (1), if he or she --
              (a) has reasonable grounds to believe that the
15                   person has already been given documents
                     containing the prescribed information; or
              (b) considers that there is no reasonable possibility
                     of a reconciliation between the de facto
                     partners.
20    Part 4C -- Court's powers in relation to court
           and non-court based family services
                       Division 1 -- Introduction
     65I.       Objects of this Part -- FLA s. 13A
        (1) The objects of this Part are --
25           (a) to facilitate access to family counselling --
                     (i) to help de facto partners considering
                           ending their de facto relationship to
                           reconcile; and
                    (ii) to help people adjust to the breakdown
30                         of a relationship covered by this Act;
                           and

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                             (iii) to help people adjust to court orders
                                    under this Act;
                            and
                      (b) to encourage people to use dispute resolution
5                           mechanisms (other than judicial ones) to
                            resolve matters in which a court order might
                            otherwise be made under this Act, provided the
                            mechanisms are appropriate in the
                            circumstances and proper procedures are
10                          followed; and
                      (c) to encourage people to use, in appropriate
                            circumstances, arbitration to resolve matters in
                            which a court order might otherwise be made,
                            and to provide ways of facilitating that use; and
15                    (d) to give the court the power to require parties to
                            proceedings under this Act to make use of court
                            or non-court based family services appropriate
                            to the needs of the parties.
                (2) The object mentioned in subsection (1)(b) also lies
20                  behind the general requirement in section 66H for
                    family dispute resolution services to be used before an
                    application for a Part 5 Order is made.
                      Division 2 -- Help with reconciliation
              65J.   Court to accommodate possible reconciliations --
25                   FLA s. 13B
                (1) If, during the proceedings, the court considers, from the
                    evidence in the proceedings or the attitude of the
                    parties to the de facto relationship, that there is a
                    reasonable possibility of a reconciliation between the
30                  parties, the court may adjourn the proceedings to give
                    the parties the opportunity to consider a reconciliation.
                (2) If the court adjourns the proceedings under
                    subsection (1), the court must advise the parties to
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           attend family counselling, or use the services of
           another appropriate person or organisation.
       (3) If, after an adjournment under subsection (1), either of
           the parties requests that the proceedings resume, the
5          court must resume the proceedings as soon as
           practicable.
       Division 3 -- Referrals to family counselling, family
           dispute resolution and other family services
     65K. Court may refer parties to family counselling,
10           family dispute resolution and other family
             services -- FLA s. 13C
       (1) A court exercising jurisdiction in proceedings under
           this Act may, at any stage in the proceedings, make one
           or more of the following orders --
15            (a) that one or more of the parties to the
                    proceedings attend family counselling; and
             (b) that the parties to the proceedings attend family
                    dispute resolution; and
              (c) that one or more of the parties to the
20                  proceedings participate in an appropriate
                    course, program or other service.
       (2) The court may suggest a particular purpose for the
           attendance or participation.
       (3) The order may require the party or parties to encourage
25         the participation of specified other persons who are
           likely to be affected by the proceedings.
       (4) The court may make any other orders it considers
           reasonably necessary or appropriate in relation to the
           order.
30     (5) The court may make orders under this section --
              (a) on its own initiative; or
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                       (b) on the application of --
                             (i) a party to the proceedings; or
                            (ii) an independent children's lawyer
                                   representing a child's interests under an
5                                  order made under section 164.
              65L.    Consequences of failure to comply with order under
                      section 65K -- FLA s. 13D
                (1) If a party fails to comply with an order of a court under
                    section 65K, the family counsellor, family dispute
10                  resolution practitioner or provider of the course,
                    program or other service must report the failure to the
                    court.
                (2) On receiving the report, the court may make any
                    further orders it considers appropriate.
15              (3) The court may make orders under subsection (2) --
                       (a) on its own initiative; or
                      (b) on the application of --
                               (i) a party to the proceedings; or
                              (ii) an independent children's lawyer
20                                    representing a child's interests under an
                                      order made under section 164.
                Division 4 -- Court's role in relation to arbitration
                                    of disputes
              65M. Court may refer Part 5A proceedings to
25                   arbitration -- FLA s. 13E
                (1) With the consent of all of the parties to the
                    proceedings, a court exercising jurisdiction in Part 5A
                    proceedings may make an order referring the
                    proceedings, or any part of them, or any matter arising
30                  in them, to an arbitrator for arbitration.

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       (2) If the court makes an order under subsection (1), it
           may, if necessary, adjourn the proceedings and may
           make any additional orders as it thinks appropriate to
           facilitate the effective conduct of the arbitration.
5    65N.    Court may make orders to facilitate arbitration of
             certain disputes -- FLA s. 13F
             A court may, on application by a party to relevant
             property or financial arbitration, make orders the court
             thinks appropriate to facilitate the effective conduct of
10           the arbitration.
     65O.    Court may determine questions of law referred by
             arbitrator -- FLA s. 13G
       (1) An arbitrator of section 65M arbitration or relevant
           property or financial arbitration may, at any time
15         before making an award in the arbitration, refer a
           question of law arising in relation to the arbitration for
           determination by a single judge of the Court.
       (2) The arbitrator may do so --
             (a) on his or her own initiative; or
20           (b) at the request of one or more of the parties to
                    the arbitration if the arbitrator considers it
                    appropriate to do so.
       (3) The arbitrator must not make an award in the
           arbitration before the judge or Family Law Magistrate
25         has either --
             (a) determined the question of law; or
             (b) remitted the matter to the arbitrator having
                    found that no question of law arises.




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              65P.    Awards made in arbitration may be registered in
                      court -- FLA s. 13H
                (1) A party to an award made in section 65M arbitration or
                    in relevant property or financial arbitration may
5                   register the award --
                       (a) in the case of section 65M arbitration, in the
                             court that ordered the arbitration; or
                       (b) otherwise, in any court.
                (2) An award registered under subsection (1) has effect as
10                  if it were a decree made by that court.
              65Q.    Court can review registered awards -- FLA s. 13J
                (1) A party to a registered award made in section 65M
                    arbitration or relevant property or financial arbitration
                    may apply for review of the award, on questions of
15                  law, by a single judge of the Court.
                (2) On a review of an award under this section, the judge
                    or Family Law Magistrate may --
                      (a) determine all questions of law arising in
                             relation to the arbitration; and
20                    (b) make such decrees as the judge or magistrate
                             thinks appropriate, including a decree
                             affirming, reversing or varying the award.
              65R.    Court may set aside registered awards -- FLA
                      s. 13K
25              (1) If an award made in section 65M arbitration or relevant
                    property or financial arbitration, or an agreement made
                    as a result of such arbitration, is registered in the Court,
                    the Court may make a decree affirming, reversing or
                    varying the award or agreement.



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            (2) The Court may only make a decree under
                subsection (1) if the Court is satisfied that --
                  (a) the award or agreement was obtained by fraud
                        (including non-disclosure of a material matter);
5                       or
                  (b) the award or agreement is void, voidable or
                        unenforceable; or
                  (c) in the circumstances that have arisen since the
                        award or agreement was made it is
10                      impracticable for some or all of it to be carried
                        out; or
                  (d) the arbitration was affected by bias, or there
                       was a lack of procedural fairness in the way in
                       which the arbitration process, as agreed
15                     between the parties and the arbitrator, was
                        conducted.
                                                                            ".
     116.   Heading to Part 5 Division 3 replaced
            The heading to Part 5 Division 3 is deleted and the following
20          heading is inserted instead --
     "
            Division 3 -- Reports relating to children under 18
                                                                            ".




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     117.           Section 72 replaced
                    Section 72 is repealed and the following section is inserted
                    instead --
     "
5             72.         Court's obligation to inform people to whom orders
                          under this Part apply about family counselling,
                          family dispute resolution and other family
                          services -- FLA s. 62B
                          If a court makes an order in proceedings under this
10                        Part, the court must inform the parties to the
                          proceedings about the family counselling services,
                          family dispute resolution services and other courses,
                          programs and services available to help the parties
                          adjust to the consequences of that order.
15                                                                                 ".
     118.           Section 73 amended
         (1) Section 73(2) is amended by deleting "and child counsellor or
              welfare officer" and inserting instead --
              " consultant ".
20       (2) Section 73(4) and (5) are repealed and the following subsections
              are inserted instead --
            "
              (4) The family consultant may include in the report, in
                    addition to the matters required to be included in it, any
25                  other matters that relate to the care, welfare or
                    development of the child.
              (5) For the purposes of the preparation of the report, the
                    court may make any other orders, or give any other
                    directions, that the court considers appropriate
30                  (including orders or directions that a party to
                    proceedings, or the child, attend an appointment or a
                    series of appointments with a family consultant).
                                                                               ".
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       (3) Section 73(6) is amended by deleting "counsellor or welfare
           officer" and inserting instead --
           " family consultant ".
     119.   Section 91 amended
5      (1) Section 91(1) is repealed.
       (2) Section 91(2) is amended as follows:
            (a) in paragraph (a) by deleting "a conference with a family
                  and child counsellor or a welfare officer" and inserting
                  instead --
10                " family counselling ";
            (b) in paragraph (b) by deleting "a conference" and
                  inserting instead --
                  " counselling ";
            (c) in paragraph (c) by deleting "a conference" and inserting
15                instead --
                  " counselling ".
     120.   Section 95 amended
            Section 95(1) is amended as follows:
              (a) in paragraph (a) by deleting "family and child counsellor
20                 or a welfare officer;" and inserting instead --
                   " family consultant; ";
             (b) in paragraph (b) by deleting "family and child
                   counsellor or a welfare officer" and inserting instead --
                   " family consultant ".




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     121.       Section 95A amended
         (1) Section 95A(1) is repealed and the following subsection is
              inserted instead --
            "
5             (1) In proceedings for a parenting order, the court may
                    make an order directing a party to the proceedings to
                    attend a post-separation parenting program.
                                                                                ".
         (2) Section 95A(3) is amended by deleting the definitions of
10           ""post-separation parenting program" or "program"" and
             ""post-separation parenting program provider" or "provider"".
     122.       Section 95B inserted
                After section 95A the following section is inserted in
                Subdivision 2 --
15   "
              95B.    Conditions for providers of post-separation
                      parenting programs -- FLA s. 65LB
                (1) An organisation meets the conditions in this section
                    if --
20                     (a) it is a recipient organisation (see
                            subsection (2)); or
                       (b) there is a recipient organisation in relation to
                            the organisation (see subsection (3)).
                (2) An organisation is a recipient organisation for the
25                  purposes of subsection (1)(a) if it receives, or has been
                    approved to receive, funding under a program or a part
                    of a program designated under section 65LB(4) of the
                    Family Law Act in order to provide services that
                    include post-separation parenting programs.




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     (3) An organisation is a recipient organisation in relation
         to another organisation for the purposes of
         subsection (1)(b) if --
           (a) both --
5                  (i) the other organisation is a member of
                        the organisation; and
                  (ii) the organisation receives, or has been
                        approved to receive, funding under a
                        program or a part of a program
10                      designated under section 65LB(4) of the
                        Family Law Act in order that the
                        organisation's members may provide
                        services that include post-separation
                        parenting programs;
15               or
           (b) both --
                   (i) the organisation acts on behalf of a
                        group of organisations that includes the
                        other organisation; and
20                (ii) the organisation receives, or has been
                        approved to receive, funding under a
                        program or a part of a program
                        designated under section 65LB(4) of the
                        Family Law Act in order that the
25                      organisations on whose behalf it acts
                        may provide services that include
                        post-separation parenting programs.
                                                                   ".




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     123.         Section 160 amended
                  Section 160(1) is repealed and the following subsection is
                  inserted instead --
              "
5                 (1) This section applies to a person in the course of
                      performing duties or functions, or exercising powers,
                      as --
                        (a) the Principal Registrar, a Registrar or a Deputy
                              Registrar; or
10                      (b) a family consultant; or
                        (c) a family counsellor; or
                        (d) a family dispute resolution practitioner; or
                        (e) an arbitrator; or
                        (f) a legal practitioner independently representing
15                            a child's interests.
                                                                                    ".
     124.         Section 217 amended
                  Section 217(4) is amended in paragraph (b) of the definition of
                  "examined" by deleting "and child counsellor or a welfare
20                officer" and inserting instead --
                  " counsellor or family consultant ".
     125.         Section 244 amended
                  Section 244(3) is amended as follows:
                    (a) by deleting paragraph (j) and "and" after it and inserting
25                       instead --
                       "
                          (j) authorising an officer making an investigation
                               mentioned in paragraph (i) to --
                                 (i) take evidence on oath or affirmation;
30                                    and

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                 (ii) receive in evidence a report from a
                       family consultant under section 73; and
                (iii) receive in evidence a report from a
                       person who has had dealings with a
5                      party to the matter under investigation
                       under section 91, 95, 95A, 205O
                       or 205S;
               and
          (ja) enabling the summoning of witnesses before an
10             officer making an investigation mentioned in
               paragraph (i) for the purposes of giving
               evidence or producing books or documents; and
                                                                   ";
     (b) by deleting paragraphs (r) and (s) and "and" after each
15        of those paragraphs and inserting instead --
        "
          (r) providing for and in relation to --
                   (i) the attendance at family counselling by
                       parties to proceedings under this Act;
20                     and
                  (ii) the attendance at family dispute
                       resolution by parties to proceedings
                       under this Act; and
                 (iii) the giving of advice and assistance by
25                     family consultants to people involved in
                       proceedings under this Act; and
                 (iv) the participation by parties to
                       proceedings under this Act in courses,
                       programs and other services (other than
30                     those mentioned in subparagraph (i), (ii)
                       or (iii)) that the parties are ordered by
                       the court to participate in; and



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                               (v) the use, for the purposes of proceedings
                                   under this Act, by the Court and the
                                   Magistrates Court exercising
                                   jurisdiction under this Act and officers
5                                  of such courts, of reports about the
                                   future conduct of the proceedings that
                                   have been prepared by persons who
                                   dealt with the parties in accordance with
                                   rules made under subparagraph (i), (ii),
10                                 (iii) or (iv);
                              and
                                                                                  ";
                  (c) in paragraph (t) by deleting "court mediators" and
                         inserting instead --
15                       " family consultants ";
                  (d) in paragraph (u) --
                            (i) by deleting "mediation or"; and
                           (ii) by deleting "section 60B;" and inserting
                                  instead --
20                                " sections 65M and 65N; ";
                  (e) in paragraph (v) by deleting "mediated or";
                   (f) after paragraph (v) by inserting the following
                         paragraph --
                      "
25                      (va) prescribing the disputes, proceedings or matters
                                in relation to which family consultants may, or
                                must not, perform their functions; and
                                                                                  ";




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     (g) by deleting paragraphs (w), (x) and (y) and "and" after
           each of those paragraphs and inserting instead --
        "
          (w) providing for and in relation to --
5                   (i) the functions to be performed by family
                        consultants; and
                   (ii) the procedures to be followed in
                        performing those functions; and
                  (iii) the procedures to be followed by
10                      persons involved in proceedings in
                        relation to which a family consultant is
                        performing functions; and
                  (iv) the procedures to be followed when a
                        family consultant ceases performing
15                      functions in relation to a dispute,
                        proceeding or matter;
                 and
           (x) providing for and in relation to --
                    (i) the procedures to be followed by a
20                      family counsellor authorised under
                        section 25(2a) or 34C(1) or engaged
                        under section 34D; and
                   (ii) the procedures to be followed by
                        persons attending family counselling
25                      with such a counsellor; and
                  (iii) the procedures to be followed when
                        family counselling with such a
                        counsellor ends;
                 and
30         (y) providing for and in relation to --
                    (i) the procedures to be followed by a
                        family dispute resolution practitioner
                        authorised under section 25(2a)


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                                  or 34C(2) or engaged under
                                  section 34D; and
                             (ii) the procedures to be followed by
                                  persons attending family dispute
5                                 resolution with such a practitioner; and
                            (iii) the procedures to be followed when
                                  family dispute resolution with such a
                                  practitioner ends;
                           and
10                    (ya) providing for and in relation to --
                              (i) the procedures to be followed by an
                                  arbitrator in relation to a dispute,
                                  proceeding or matter under this Act; and
                             (ii) the attendance by persons at
15                                conferences conducted by arbitrators for
                                  the purpose of arbitrating a dispute,
                                  proceeding or matter under this Act; and
                            (iii) the procedure to be followed when
                                  arbitration ends, both where it has
20                                resulted in an agreement or award and
                                  where it has not;
                           and
                                                                               ";
                  (h) by deleting paragraph (z) and "and" after it and inserting
25                     instead --
                     "
                       (z) prescribing matters relating to the costs of --
                               (i) arbitration by arbitrators, and the
                                   assessment or taxation of those costs;
30                                 and
                              (ii) family counselling by family
                                   counsellors authorised under
                                   section 25(2a) or 34C(1) or engaged
                                   under section 34D; and

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                          (iii) family dispute resolution by family
                                dispute resolution practitioners
                                authorised under section 25(2a)
                                or 34C(2) or engaged under
5                               section 34D;
                         and
                                                                            ";
              (i) in paragraph (zaa) by deleting "sections 60A or 60B;"
                  and inserting instead --
10                " section 65P; ";
              (j) in paragraph (zab) --
                     (i) by deleting "section 60D" and inserting
                         instead --
                         " section 65Q "; and
15                  (ii) by deleting "section 60E" and inserting
                         instead --
                         " section 65R ".
     126.   Section 245 amended
            Section 245(2) is amended as follows:
20            (a) in paragraph (b) by deleting subparagraphs (ii) and (iii)
                   and "or" after subparagraph (ii) and inserting instead --
                          "
                                or
                          (ii) services provided by the Court in
25                              circumstances other than where a court
                                orders or directs the provision of the
                                services; and
                                                                            ";
             (b) in paragraph (ba) by inserting after "arbitrator" --
30                 " under section 57 ";



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                  (c) in paragraph (bb) --
                         (i) by inserting after "(v)," --
                               " (va), "; and
                        (ii) by inserting after "(y)" --
5                              " , (ya) ";
                  (d) by deleting paragraph (c) and inserting instead --
                     "
                       (c) the manner of authorising persons to act as
                             family dispute resolution practitioners under
10                           section 52, and the matters to be taken into
                             account when doing so; and
                                                                              ";
                  (e) by deleting paragraph (d) and inserting instead --
                     "
15                     (d) the manner of authorising persons to act as
                            family consultants under section 61, and the
                            matters to be taken into account when doing so;
                            and
                                                                              ";
20                (f) by deleting paragraph (e) and inserting instead --
                     "
                       (e) the registration of awards made in section 65M
                            arbitration and relevant property or financial
                            arbitration; and
25                                                                            ";
                  (g) after each of paragraphs (a), (ba), (bb) and (f) by
                      inserting --
                      " and ".




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                  Subdivision 2 -- Transitional provisions
     127.   Interpretation
            In this Division --
            "commencement" means the day on which this Division comes
5               into operation.
     128.   Arbitration awards registered under section 60A or 60B are
            taken to be registered under section 65P
            If --
               (a) at any time before commencement, an award in an
10                  arbitration had been registered under section 60A or 60B
                    of the Family Court Act 1997; and
              (b) the award is still registered immediately before
                    commencement,
            the registration of the award continues to have effect after
15          commencement as if it had been done under section 65P of that
            Act.
     129.   Powers under Part 4C Division 4 of the Family Court
            Act 1997 may be exercised in relation to section 60A
            arbitration and private arbitration
20          For the purposes of sections 65O, 65P, 65Q and 65R --
             (a) a reference to section 65M arbitration includes a
                    reference to section 60A arbitration (within the meaning
                    of the Family Court Act 1997 as in force immediately
                    before commencement); and
25           (b) a reference to relevant property or financial arbitration
                    includes a reference to private arbitration of a dispute
                    (within the meaning of the Family Court Act 1997 as in
                    force immediately before commencement).




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     130.       Request for counselling under section 52
                If, at commencement, a notice filed under section 52 of the
                Family Court Act 1997 has not been acted on, an appropriate
                officer of the court in which the notice is filed must arrange for
5               the parties to the proceedings to which the notice relates (and
                the child and any other persons the officer thinks appropriate) to
                be interviewed by a family counsellor to assess whether
                counselling is appropriate in all the circumstances, and, if it
                is --
10                 (a) to discuss the care, welfare and development of the
                         child; and
                  (b) if there are differences between the parties in relation to
                         matters affecting the care, welfare and development of
                         the child, to try to resolve those differences.
15   131.       Orders under section 72(2)
                If, at commencement, an order under section 72(2) of the
                Family Court Act 1997 has not yet been complied with, the
                order is taken to have been complied with if the parties to which
                the order relate attend a conference with a family counsellor
20              (within the meaning of the Family Court Act 1997 as amended
                by this Division).
     132.       Reports under section 73
                If, at commencement, a family and child counsellor or welfare
                officer (within the meaning of the Family Court Act 1997 as in
25              force immediately before commencement) has been directed to
                give a report under section 73(2) of that Act and has not yet
                given that report --
                   (a) the person must still provide the report; and
                  (b) references in section 73 of that Act (as amended by this
30                       Division) to a family consultant are taken to be
                         references to the person who provides the report.


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     133.   Pre-parenting order counselling for the purposes of
            section 72
            If, before commencement, parties to proceedings attended a
            conference with a family and child counsellor or a welfare
5           officer to discuss the matter to which the proceedings relate, the
            attendance at that conference is taken to satisfy the requirement
            in section 72(2) of the Family Court Act 1997 (as amended by
            this Division) to attend a conference with a family counsellor.
     134.   Supervision etc. of parenting orders
10          If --
               (a) under a court order made before commencement under
                    section 95 of the Family Court Act 1997, a person is
                    required to do either or both of the following --
                       (i) supervise compliance with a parenting order;
15                    (ii) give any party to the parenting order such
                            assistance as is reasonably requested by that
                            party in relation to compliance with, and the
                            carrying out of, the parenting order;
                    and
20            (b) immediately after commencement, the person is not a
                    family consultant within the meaning of the Family
                    Court Act 1997 as amended by this Division,
            then the court may make another order substituting a family
            consultant for the person.
25   135.   Transitional regulations
       (1) If this Division does not provide sufficiently for a matter or
           issue of a transitional nature that arises as a result of the
           amendments made by this Division, the Governor may make
           regulations prescribing all matters that are required, necessary
30         or convenient to be prescribed for providing for that matter or
           issue.


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        (2) If regulations made under subsection (1) provide that a specified
            state of affairs is taken to have existed, or not to have existed,
            on and from a day that is earlier than the day on which the
            regulations are published in the Gazette but not earlier than
5           commencement, the regulations have effect according to their
            terms.
        (3) In subsection (2) --
            "specified" means specified or described in the regulations.
        (4) If regulations contain a provision referred to in subsection (2),
10          the provision does not operate so as --
               (a) to affect in a manner prejudicial to any person (other
                     than the State or an authority of the State) the rights of
                     that person existing before the day of publication; or
              (b) to impose liabilities on any person (other than the State
15                   or an authority of the State) in respect of anything done
                     or omitted to be done before the day of publication.
        Division 5 -- Amendments about representation of child's
                interests by independent children's lawyer
     136. Section 5 amended
20              Section 5(1) (as so designated by section 80(a) of this Act) is
                amended as follows:
                  (a) by deleting the definition of "child representative";
                 (b) by inserting in the appropriate alphabetical position --
                 "
25                   (FLA s. 4(1))
                     "independent children's lawyer", for a child, means a
                          certificated practitioner (within the meaning of the
                          Legal Practice Act 2003) who represents the
                          child's interests in proceedings under an
30                        appointment made under a court order under
                          section 164(2);
                                                                             ".
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     137.     Part 5 Division 9 replaced
              Part 5 Division 9 is repealed and the following Division is
              inserted instead --
     "
5                Division 9 -- Independent representation of
                                child's interests
            164. Court order for independent representation of
                  child's interests -- FLA s. 68L
              (1) This section applies to proceedings under this Act in
10                which a child's best interests are, or a child's welfare
                  is, the paramount, or a relevant, consideration.
              (2) If it appears to a court that the child's interests in the
                  proceedings ought to be independently represented by a
                  lawyer, the court --
15                   (a) may order that the child's interests in the
                           proceedings are to be independently
                           represented by a lawyer; and
                    (b) may make such other orders as it considers
                           necessary to secure that independent
20                         representation of the child's interests.
              (3) A court may make an order for the independent
                  representation of the child's interests in the
                  proceedings by a lawyer --
                     (a) on its own initiative; or
25                  (b) on the application of --
                              (i) the child; or
                             (ii) an organisation concerned with the
                                   welfare of children; or
                            (iii) any other person.
30            (4) Without limiting subsection (2)(b), the court may make
                  an order under that paragraph for the purpose of

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                     allowing the lawyer who is to represent the child's
                     interests to find out what the child's views are on the
                     matters to which the proceedings relate.
                 (5) Subsection (4) does not apply if complying with that
5                    subsection would be inappropriate because of --
                       (a) the child's age or maturity; or
                       (b) some other special circumstance.
              165.    Role of independent children's lawyer -- FLA
                      s. 68LA
10               (1) This section applies if an independent children's
                     lawyer is appointed for a child in relation to
                     proceedings under this Act.
                 (2) The independent children's lawyer must --
                       (a) form an independent view, based on the
15                           evidence available to the independent
                             children's lawyer, of what is in the best
                             interests of the child; and
                       (b) act in relation to the proceedings in what the
                             independent children's lawyer believes to be
20                           the best interests of the child.
                 (3) The independent children's lawyer must, if satisfied
                     that the adoption of a particular course of action is in
                     the best interests of the child, make a submission to the
                     court suggesting the adoption of that course of action.
25               (4) The independent children's lawyer --
                       (a) is not the child's legal representative; and
                       (b) is not obliged to act on the child's instructions
                             in relation to the proceedings.
                 (5) The independent children's lawyer must --
30                     (a) act impartially in dealings with the parties to
                             the proceedings; and

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             (b) ensure that any views expressed by the child in
                   relation to the matters to which the proceedings
                   relate are fully put before the court; and
             (c) if a report or other document that relates to the
5                  child is to be used in the proceedings --
                      (i) analyse the report or other document to
                           identify those matters in the report or
                           other document that the independent
                           children's lawyer considers to be the
10                         most significant ones for determining
                           what is in the best interests of the child;
                           and
                     (ii) ensure that those matters are properly
                           drawn to the court's attention;
15                 and
             (d) endeavour to minimise the trauma to the child
                   associated with the proceedings; and
             (e) facilitate an agreed resolution of matters at
                   issue in the proceedings to the extent to which
20                 doing so is in the best interests of the child.
       (6) Subject to subsection (7), the independent children's
           lawyer --
             (a) is not under an obligation to disclose to the
                   court; and
25           (b) cannot be required to disclose to the court,
           any information that the child communicates to the
           independent children's lawyer.
       (7) The independent children's lawyer may disclose to the
           court any information that the child communicates to
30         the independent children's lawyer if the independent
           children's lawyer considers the disclosure to be in the
           best interests of the child.


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                 (8) Subsection (7) applies even if the disclosure is made
                     against the wishes of the child.
              166.    Order that child be made available for
                      examination -- FLA s. 68M
5                (1) This section applies if an independent children's
                     lawyer is appointed to independently represent a
                     child's interests in relation to proceedings under
                     this Act.
                 (2) A court may, on application by the independent
10                   children's lawyer, order a person mentioned in
                     subsection (3) to make the child available, as specified
                     in the order, for an examination to be made for the
                     purpose of preparing a report about the child for use by
                     the independent children's lawyer in connection with
15                   the proceedings.
                 (3) The order may be directed to --
                       (a) a parent of the child; or
                       (b) a person with whom the child is to live under a
                             parenting order; or
20                     (c) a person with whom the child is to spend time
                             under a parenting order; or
                       (d) a person with whom the child is to
                             communicate under a parenting order; or
                       (e) a person who has parental responsibility for the
25                           child.
                                                                                ".




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                                                                         s. 138




     138.     Section 195 amended
              Section 195(2)(b)(ii) is deleted and the following subparagraph
              is inserted instead --
                           "
5                             (ii) an independent children's lawyer
                                   representing the child's interests under
                                   an order made under section 164.
                                                                             ".
     139.     Section 201 amended
10            Section 201(3)(b)(ii) is deleted and the following subparagraph
              is inserted instead --
                           "
                              (ii) an independent children's lawyer
                                   representing the relevant child's
15                                 interests.
                                                                             ".
     140.     Section 237 amended
       (1) Section 237(4) is amended as follows:
            (a) by deleting "a child representative" and inserting
20                instead --
                  " an independent children's lawyer for a child ";
            (b) by deleting "the child representative" and inserting
                  instead --
                  " the independent children's lawyer ".
25     (2) Section 237(5) is amended as follows:
            (a) by deleting "a child representative" and inserting
                  instead --
                  " an independent children's lawyer for a child ";



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             (b) by deleting "the child representative" in both places
                   where it occurs and inserting instead --
                   " the independent children's lawyer ".
        (3) Section 237(6) is amended as follows:
5            (a) by deleting "a child representative" and inserting
                   instead --
                   " an independent children's lawyer ";
             (b) by deleting "the child representative" and inserting
                   instead --
10                 " the independent children's lawyer ".
     141.       Transitional provisions
        (1) In this section --
                "commencement" means the day on which this Division comes
                  into operation;
15          "new provision" means section 164 of the Family Court
                  Act 1997 as in force after commencement;
            "old provision" means section 171 of the Family Court
                  Act 1997 as in force immediately before commencement.
        (2) The amendments effected by this Division apply to proceedings
20          initiated under Part 5 of the Family Court Act 1997 before, on or
            after commencement.
        (3) If --
               (a) a court made an order under the old provision for
                     separate representation of a child; and
25            (b) immediately before commencement, the proceedings in
                     which the order was made have not been concluded,
            then --
               (c) the person who was appointed as the child's
                     representative under the old provision is taken to be


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                       appointed as the independent children's lawyer under
                       the new provision; and
                   (d) the order under the old provision for separate
                       representation of the child is taken to be an order under
5                      the new provision for independent representation of the
                       child's interests.
              Division 6 -- Amendments about family violence
     142.     Part 5 Division 10 replaced and consequential amendment
         (1) Part 5 Division 10 is repealed and the following Division is
10           inserted instead --
     "
                           Division 10 -- Family violence
            173.       Purposes of this Division -- FLA s. 68N
                       The purposes of this Division are --
15                      (a) to resolve inconsistencies between --
                                (i) family violence orders; and
                               (ii) certain orders, injunctions and
                                      arrangements made under this Act that
                                      provide for a child to spend time with a
20                                    person or require or authorise a person
                                      to spend time with a child;
                              and
                        (b) to ensure that orders, injunctions and
                              arrangements of the kind referred to in
25                            paragraph (a)(ii) do not expose people to family
                              violence; and
                        (c) to achieve the objects and principles in
                              section 66.




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              174.    Obligations of court making an order or granting
                      an injunction under this Act that is inconsistent
                      with an existing family violence order -- FLA s. 68P
                 (1) This section applies if --
5                      (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
10                                    child; or
                               (ii) makes a recovery order (as defined in
                                      section 149) or any other order under
                                      this Act that expressly or impliedly
                                      requires or authorises a person to spend
15                                    time with a child; or
                              (iii) grants an injunction under section 235
                                      or 235A that expressly or impliedly
                                      requires or authorises a person to spend
                                      time with a child;
20                           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
25                   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
30                           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

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          (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;
5                     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
10                    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
15            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
20                    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
25                    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
30                    the order or injunction.




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                (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
5                           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
10                          order (if that person is not the applicant or
                            respondent); and
                      (d) the registrar, executive manager or other
                            appropriate officer of the court that last made or
                            varied the family violence order; and
15                    (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
20                          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.
              175.    Relationship of order or injunction made under this
25                    Act with existing inconsistent family violence
                      order -- FLA s. 68Q
                 (1) To the extent to which --
                      (a) an order or injunction mentioned in
                             section 174(1)(a) is made or granted that
30                           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;
                             and

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              (b) the order or injunction is inconsistent with an
                    existing family violence order,
            the family violence order is invalid.
        (2) An application for a declaration that the order or
5           injunction is inconsistent with the family violence
            order may be made, to a court that has jurisdiction
            under this Part, by --
              (a) the applicant or respondent in the proceedings
                    for the order or injunction mentioned in
10                  section 174(1)(a); or
              (b) the person against whom the family violence
                    order is directed (if that person is not the
                    applicant or respondent); or
              (c) the person protected by the family violence
15                  order (if that person is not the applicant or
                    respondent).
        (3) The court must hear and determine the application and
            make such declarations as it considers appropriate.
     176.       Power of court making a family violence order to
20              revive, vary, discharge or suspend an existing order,
                injunction or arrangement under this Act -- FLA
                s. 68R
        (1) In proceedings to make or vary a family violence order,
            a court may revive, vary, discharge or suspend --
25            (a) a parenting order, to the extent to which it
                    provides for a child to spend time with a
                    person, or expressly or impliedly requires or
                    authorises a person to spend time with the
                    child; or
30            (b) a recovery order (as defined in section149) or
                    any other order under this Act, to the extent to
                    which it expressly or impliedly requires or

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                           authorises a person to spend time with a child;
                           or
                      (c) an injunction granted under section 235 or
                           235A, to the extent to which it expressly or
5                          impliedly requires or authorises a person to
                           spend time with a child; or
                      (d) to the extent to which it expressly or impliedly
                           requires or authorises a person to spend time
                           with a child --
10                            (i) an undertaking given to, and accepted
                                    by, a court; or
                             (ii) a registered parenting plan within the
                                    meaning of section 76(6); or
                            (iii) a bond entered into under an order
15                                  under this Act.
                (2) The court may do so --
                      (a) on its own initiative; or
                      (b) on application by any person.
                (3) The court must not do so unless --
20                    (a) it also makes or varies a family violence order
                           in the proceedings (whether or not by interim
                           order); and
                      (b) if the court proposes to revive, vary, discharge
                           or suspend an order or injunction mentioned in
25                         subsection (1)(a), (b) or (c), the court has
                           before it material that was not before the court
                           that made that order or injunction.
                (4) The court must not exercise its power under
                    subsection (1) to discharge an order, injunction or
30                  arrangement in proceedings to make an interim family
                    violence order or an interim variation of a family
                    violence order.


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       (5) In exercising its power under subsection (1), the court
           must --
             (a) have regard to the purposes of this Division
                   (stated in section 173); and
5            (b) have regard to whether contact with both
                   parents is in the best interests of the child
                   concerned; and
             (c) if varying, discharging or suspending an order
                   or injunction mentioned in subsection (1)(a),
10                 (b) or (c) that, when made or granted, was
                   inconsistent with an existing family violence
                   order, be satisfied that it is appropriate to do so
                   because a person has been exposed, or is likely
                   to be exposed, to family violence as a result of
15                 the operation of that order or injunction.
       (6) The regulations may require a copy of the court's
           decision to revive, vary, discharge or suspend an order,
           injunction or arrangement to be registered in
           accordance with the regulations.
20     (7) Failure to comply with any requirement of the
           regulations referred to in subsection (6) does not affect
           the validity of the court's decision.
     177.       Application of Act and rules when exercising
                section 176 power -- FLA s. 68S
25      (1) The following provisions do not apply to a court
            exercising the power under section 176 --
              (a) section 88;
              (b) section 91(2);
              (c) section 66G;
30            (d) section 43;



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                       (e) any provisions (for example, section 66A) that
                             would otherwise make the best interests of the
                             child the paramount consideration;
                       (f) any provisions of this Act or the rules specified
5                            in the regulations.
                (2) If a court is exercising the power under section 176 in
                    proceedings to make an interim family violence order
                    or an interim variation of a family violence order --
                       (a) the court has a discretion about whether to
10                           apply section 66C(3)(a); and
                       (b) any provisions of this Act or the rules specified
                             in the regulations do not apply.
                (3) A court exercising the power under section 176 may, as
                    it thinks appropriate, dispense with any otherwise
15                  applicable rules.
              178.   Special provisions relating to proceedings to make
                     an interim (or interim variation of) family violence
                     order -- FLA s. 68T
                (1) If, in proceedings to make an interim family violence
20                  order or an interim variation of a family violence order,
                    the court revives, varies or suspends an order,
                    injunction or arrangement under section 176, that
                    revival, variation or suspension ceases to have effect at
                    the earlier of --
25                     (a) the time the interim order stops being in force;
                             and
                      (b) the end of the period of 21 days starting when
                             the interim order was made.
                (2) No appeal lies in relation to the revival, variation or
30                  suspension.
                                                                                ".


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                                                                            s. 143




       (2) Section 41 is amended by deleting "section 180" and inserting
           instead --
           " section 176 ".
     143.       Transitional provisions
5      (1) In this section --
                "commencement" means the day on which this Division comes
               into operation.
       (2) The amendments effected by this Division --
            (a) apply to orders made after commencement; and
10          (b) do not apply to orders made before commencement.
        Division 7 -- Amendments about removal of references to
                      "residence" and "contact"
     144. Section 5 amended
                Section 5(1) (as so designated by section 80(a))is amended as
15              follows:
                  (a) by deleting the definitions of "contact order", "has",
                       "made in favour", "residence order" and "specific issues
                       order";
                  (b) by inserting in the appropriate alphabetical positions --
20          "
                     (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);
25                   (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

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                              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
5                             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
10                            that provides for a person or persons to have
                              access to a child who is under 18;
                                                                                 ".
     145.       Section 71 amended
                Section 71(2)(b) is amended by deleting "residence order" and
15              inserting instead --
                        "
                               parenting order that deals with whom a child is
                               to live with
                                                                                 ".
20   146.       Section 76 amended
        (1) Section 76(4) is repealed and the following subsection is
             inserted instead --
           "
             (4) Provisions of a parenting plan that deal with matters
25                 other than the maintenance of a child are child welfare
                   provisions.
                                                                                 ".
        (2) Section 76(5) is amended by deleting "(c)" and inserting
            instead --
30          " (f) ".


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                                                                               s. 147




     147.        Section 80 amended
                 Section 80(3) is repealed and the following subsection is
                 inserted instead --
            "
5                (3) The child welfare provisions have effect, subject to
                     subsections (5) and (6), as if they were provisions of a
                     parenting order.
                                                                                  ".
     148.        Section 92 amended
10               Section 92(1) is repealed and the following subsections are
                 inserted instead --
            "
                 (1) This section applies if --
                      (a) a court proposes to make a parenting order that
15                           deals with whom a child is to live with; and
                      (b) under the order, the child would not live with a
                             parent, grandparent or other relative of the
                             child; and
                      (c) the court proposes to make that order with the
20                           consent of all the parties to the proceedings.
                (1a) This section also applies if --
                      (a) a court proposes to make a parenting order that
                             deals with the allocation of parental
                             responsibility for a child; and
25                    (b) under the order, no parent, grandparent or other
                             relative of the child would be allocated parental
                             responsibility for the child; and
                      (c) the court proposes to make that order with the
                             consent of all the parties to the proceedings.
30                                                                                ".



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     149.         Section 94 amended
         (1) Section 94(1)(a) is deleted and the following is inserted
             instead --
                  "
5                    (a) parenting order is in force that provides that a
                          child is to live with one of the child's parents;
                          and
                                                                                   ".
         (2) Section 94(3) is repealed and the following subsection is
10            inserted instead --
            "
              (3) The surviving parent, or another person (subject to
                    section 88), may apply for a parenting order that deals
                    with the person or persons with whom the child is to
15                  live.
                                                                                   ".
     150.         Heading to Part 5 Division 6 Subdivision 3 replaced
                  The heading to Part 5 Division 6 Subdivision 3 is deleted and
                  the following heading is inserted instead --
20   "
                  Subdivision 3 -- General obligations created by certain
                                   parenting orders
                                                                                   ".
     151.         Section 96 amended
25                Section 96(1) is repealed and the following subsection is
                  inserted instead --
              "
                  (1) This section applies to a parenting order that is in force
                      in relation to a child to the extent to which the order
30                    deals with whom the child is to live with.
                                                                                   ".

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                                                                             s. 152




     152.         Sections 97 and 98 replaced by sections 97, 98 and 98A
                  Sections 97 and 98 are repealed and the following sections are
                  inserted instead --
     "
5           97.        General obligations created by parenting order that
                       deals with whom a child spends time with --
                       FLA s. 65N
                  (1) This section applies to a parenting order that is in force
                      in relation to a child to the extent to which the order
10                    deals with whom the child is to spend time with.
                  (2) A person must not --
                        (a) hinder or prevent a person and the child from
                               spending time together in accordance with the
                               order; or
15                      (b) interfere with a person and the child benefiting
                               from spending time with each other under the
                               order.
            98.        General obligations created by parenting order that
                       deals with whom a child communicates with --
20                     FLA s. 65NA
                  (1) This section applies to a parenting order that is in force
                      in relation to a child to the extent to which the order
                      deals with whom the child is to communicate with.
                  (2) A person must not --
25                      (a) hinder or prevent a person and the child from
                               communicating with each other in accordance
                               with the order; or
                        (b) interfere with the communication that a person
                               and the child are supposed to have with each
30                             other under the order.



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              98A.    General obligations created by parenting order that
                      allocates parental responsibility -- FLA s. 65P
                (1) This section applies to a parenting order that is in force
                    in relation to a child to the extent to which the order
5                   allocates parental responsibility for the child to a
                    person (the "carer").
                (2) A person must not hinder the carer in, or prevent the
                    carer from, discharging that responsibility.
                                                                                   ".
10   153.       Section 99 amended
                Section 99(1)(a) and (b) are deleted and the following is
                inserted instead --
                     "
                        (a) a parenting order provides that --
15                               (i) a child is to live with a person; or
                                (ii) a child is to spend time with a person; or
                               (iii) a child is to communicate with a person;
                              and
                        (b) a court is satisfied, on application by the person
20                            referred to in subsection (1)(a), that there are
                              reasonable grounds for believing that a person
                              (the "alleged offender") has contravened
                              section 96, 97 or 98 in relation to the order; and
                                                                                   ".




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                                                                             s. 154




     154.       Section 106 amended
                Section 106(1) is repealed and the following subsection is
                inserted instead --
            "
5               (1) In this Subdivision --
                     "parenting order to which this Subdivision applies"
                          means a parenting order to the extent to which it
                          provides, or would provide, that --
                          (a) a child is to live with a person; or
10                        (b) a child is to spend time with a person; or
                          (c) a child is to communicate with a person; or
                          (d) a person is to have parental responsibility for
                               a child.
                                                                                 ".
15   155.       Section 107 amended
                Section 107(1) is amended by deleting "if a residence order, a
                contact order or a care order" and inserting instead --
                " if a parenting order to which this Subdivision applies ".
     156.       Section 108 amended
20              Section 108(1) is amended by deleting "residence order, a
                contact order or a care order" and inserting instead --
                " parenting order to which this Subdivision applies ".
     157.       Section 109 amended
                Section 109(1)(a) and "and" after it are deleted and the
25              following is inserted instead --
                     "
                        (a) a parenting order to which this Subdivision
                              applies is in force; and
                                                                                 ".

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     s. 158




     158.       Section 110 amended
                Section 110(1)(a) is amended by deleting "residence order, a
                contact order or a care order" and inserting instead --
                " parenting order to which this Subdivision applies ".
5    159.       Section 144 amended
                Section 144(a) to (c) are deleted and the following is inserted
                instead --
                     "
                        (a) a person with whom the child is to live under a
10                           parenting order; or
                        (b) a person with whom the child is to spend time
                             under a parenting order; or
                        (c) a person with whom the child is to
                             communicate under a parenting order; or
15                    (caa) a person who has parental responsibility for the
                             child under a parenting order; or
                                                                                  ".
     160.       Section 149 amended
        (1) Section 149(a)(ii) and (iii) and "or" after subparagraph (ii) are
20          deleted and the following is inserted instead --
                        "
                                 or
                           (ii) a person with whom the child is to live
                                 under a parenting order; or
25                        (iii) a person with whom the child is to
                                 spend time under a parenting order; or
                          (iv) a person with whom the child is to
                                 communicate under a parenting order;
                                 or


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                                                                         s. 161




                            (v) a person who has parental responsibility
                                for the child;
                                                                                ".
       (2) Section 149(d)(ii) to (iv) and "or" after subparagraph (iii) are
5          deleted and the following is inserted instead --
                       "
                                 or
                          (ii) a person described in paragraph (a)(ii),
                                 (iii), (iv) or (v); or
10                       (iii) some other person on behalf of a person
                                 described in this paragraph;
                                                                                ".
     161.    Section 152 amended
             Section 152(a) to (c) are deleted and the following are inserted
15           instead --
                  "
                     (a) a person with whom the child is to live under a
                          parenting order; or
                     (b) a person with whom the child is to spend time
20                        under a parenting order; or
                     (c) a person with whom the child is to
                          communicate under a parenting order; or
                   (caa) a person who has parental responsibility for the
                          child under a parenting order; or
25                                                                              ".




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                     "contact"
     s. 162




     162.       Section 198 amended
                Section 198(2) is amended as follows:
                  (a) by deleting paragraph (c) and inserting instead --
                     "
5                       (c) a person who, under a parenting order, has
                             responsibility for the child's long-term or
                             day-to-day care, welfare and development.
                                                                             ";
                  (b) after paragraph (a) by inserting --
10                    " or ".
     163.       Section 199 amended
                Section 199(1) is amended as follows:
                  (a) by deleting paragraph (c) and inserting instead --
                     "
15                      (c) a person who, under a parenting order, has
                             responsibility for the child's long-term or
                             day-to-day care, welfare and development.
                                                                             ";
                  (b) after paragraph (a) by inserting --
20                    " or ".
     164.       Section 205ZH amended
                Section 205ZH(3) is amended as follows:
                  (a) by deleting paragraphs (b) and (c) and "or" after
                       paragraph (b) and inserting instead --
25                   "
                       (b) a parenting order provides that the child is to
                            live with the person; or
                        (c) a parenting order provides that the person has
                            parental responsibility for the child.
30                                                                           ";

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                                                                          s. 165




              (b) after paragraph (a) by inserting --
                  " or ".
     165.    Section 205ZV amended
             Section 205ZV(2) is amended as follows:
5              (a) by deleting paragraphs (b) and (c) and "or" after
                    paragraph (b) and inserting instead --
                  "
                    (b) a parenting order provides that the child is to
                         live with the person; or
10                   (c) a parenting order provides that the person has
                         parental responsibility for the child.
                                                                             ";
              (b) after paragraph (a) by inserting --
                  " or ".
15   166.    Section 206 amended
             Section 206(1)(b)(i) and "or" after it are deleted and the
             following is inserted instead --
                         "
                             (i) a parenting order, other than a child
20                                 maintenance order; or
                                                                             ".
     167.    Section 209 amended
             Section 209(2)(c) and (d) are deleted and the following
             paragraphs are inserted instead --
25                "
                     (c) a person with whom the child is to live under a
                          parenting order;
                    (d) a person who has parental responsibility for the
                          child under a parenting order;
30                                                                           ".
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     s. 168




     168.       Section 235 amended
                Section 235(1)(b) is amended as follows:
                  (a) by deleting subparagraphs (ii) and (iii) and "or" after
                       subparagraph (ii) and inserting instead --
5                          "
                               (ii) a person with whom the child is to live
                                     under a parenting order; or
                              (iii) a person with whom the child is to
                                     spend time under a parenting order; or
10                            (iv) a person with whom the child is to
                                     communicate under a parenting order;
                                     or
                               (v) a person who has parental responsibility
                                     for the child;
15                           or
                                                                             ";
                  (b) after paragraph (a) and subparagraph (i) by inserting --
                      " or ".
     169.       Section 238 amended
20              Section 238(1) is amended as follows:
                  (a) by deleting paragraph (a) and inserting instead --
                     "
                        (a) a court has found, for the purposes of Part 5
                             Division 13, that a person has, by taking a child
25                           away from another person or by refusing or
                             failing to deliver a child to another person,
                             contravened a parenting order to the extent to
                             which the order provides that --
                               (i) a child is to live with a person; or
30                            (ii) a child is to spend time with a person; or


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                                                                          s. 170




                           (iii) a child is to communicate with a person;
                          or
                                                                             ";
              (b) after paragraph (b) by inserting --
5                 " or ".
        Division 8 -- Amendments about the relocation of defined
            terms used in Part 5 of the Family Court Act 1997
     170. Section 5 amended
            Section 5(1) (as so designated by section 80(a)) is amended as
10          follows:
              (a) by deleting the definitions of "adopted", "child",
                   "member of the family", "parental responsibility",
                   "parenting plan" and "recovery order";
              (b) by inserting in the appropriate alphabetical positions --
15          "
                  (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;
20                (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))
25                "alleged offender" in Part 5 Division 6 Subdivision 4,
                       means the person who is arrested;
                  (FLA s. 4(1))
                  "arresting person" means the person who arrests the
                       alleged offender;


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     s. 170




                    (FLA s. 4(1))
                    "captain", in relation to an aircraft or vessel, means
                         the person in charge or command of the aircraft or
                         vessel;
5                   (FLA s. 4(1))
                    "child" --
                         (a) in Part 5, includes an adopted child and a
                             stillborn child; and
                         (b) in Part 5 Division 6 Subdivision 5, means a
10                           person who has not attained the age of
                             18 years (including a person who is an
                             adopted child);
                    (FLA s. 4(1))
                    "childbirth maintenance period", in relation to the
15                       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
20                               (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
25                                     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
30                             to be born;




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                                                                       s. 170




               (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
5                         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
10                        person for the purposes of Part 5;
               (FLA s. 4(1))
               "community service order" has the meaning given by
                    section 205SC;
               (FLA s. 4(1))
15             "contravened an order", in Part 5 Division 13, has
                    the meaning given by section 205C;
               (FLA s. 4(1))
               "department" means a department of the Public
                    Service;
20             (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
25                  (b) where a person who the court has reasonable
                           cause to believe has the child is;
               (FLA s. 4(1))
               "location order" has the meaning given by
                    section 143(1);




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                    (FLA s. 4(1))
                    "medical expenses" includes medical, surgical, dental,
                         diagnostic, hospital, nursing, pharmaceutical and
                         physiotherapy expenses;
5                   (FLA s. 4(1))
                    "member of the family", in relation to a person, has
                         for the purposes of the definition of step-parent,
                         sections 66C(3)(j) and (k) and 66F, the meaning
                         given by section 6;
10                  (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 --
15                               (i) under section 235; or
                                (ii) under section 235A insofar as the
                                      injunction is for the protection of a
                                      child;
                               or
20                       (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
25                                    service order referred to in
                                      paragraph (f); or
                                (ii) that relates to a bond referred to in
                                      paragraph (g);
                               or
30                       (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
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                                paragraph (a) or (b) or a community
                                service order referred to in
                                paragraph (f); or
                          (ii) that relates to a bond referred to in
5                               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
10                      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
15                        (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
20                              children made by another court
                                because of paragraph (a), (b), (e) or
                                (g); and
                          (v) has been registered in the
                                first-mentioned court;
25             (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))
30             "parenting plan" has the meaning given by
                    section 76;


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                    (FLA s. 4(1))
                    "parental responsibility", in Part 5, has the meaning
                         given by section 68;
                    (FLA s. 4(1))
5                   "pending", in Part 5 Division 6 Subdivision 5, has a
                         meaning affected by section 106(2);
                    (FLA s. 4(1))
                    "primary order" means an order under this Act
                        affecting children and includes such order as
10                      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
15                            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
20                            person who is the chief executive officer of
                              the State entity;
                    (FLA s. 4(1))
                    "reasonable excuse for contravening", in relation to
                         an order, includes the meanings given by
25                       section 205E;
                    (FLA s. 4(1))
                    "recovery order" has the meaning given by
                         section 149;
                    (FLA s. 4(1))
30                  "Registrar" means --
                         (a) in relation to the Court, means the Principal
                             Registrar, a Deputy Registrar or a Registrar;
                             and

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                   (b) in relation to the Magistrates Court, means a
                         registrar of that court at the place where that
                         court was held;
               "State entity" means --
5                  (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,
10                       established for a public purpose by a written
                         law;
               "State information order" has the meaning given by
                   section 143(2);
                                                                           ";
15         (c) by deleting before each definition listed in the Table to
               this provision, "(FLA s. 60D(1))" and inserting
               instead --
               " (FLA s. 4(1)) ".
                                  Table
             abuse                           interests
             birth                           medical practitioner
             child maintenance provisions    parentage testing order
             child welfare law               parentage testing procedure
             child welfare provisions        parenting order
             education                       professional ethics
             family violence order           step-parent




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     s. 171




     171.          Sections 6 and 7 replaced by sections 6, 7 and 7A
                   Sections 6 and 7 are repealed and the following sections are
                   inserted instead --
     "
5             6.        Meaning of "member of the family" -- FLA
                        s. 4(1AB)
                        For the purposes of --
                          (a) the definitions of "family violence" and
                                "step-parent" in section 5(1); and
10                        (b) section 66C(3)(j) and (k); and
                          (c) section 66F,
                        a person (the "first person") is a member of the family
                        of another person (the "second person") if --
                          (d) the first person is or has been married to, or in a
15                              de facto relationship with, the second person; or
                          (e) the first person is or has been a relative of the
                                second person (as defined in section 7); or
                          (f) an order under this Act described in
                                subparagraph (i) or (ii) is or was (at any time)
20                              in force --
                                   (i) a parenting order (other than a child
                                        maintenance order) that relates to a
                                        child who is either the first person or the
                                        second person and that is in favour of
25                                      the other of those persons;
                                  (ii) an order providing for the first person or
                                        the second person to have custody or
                                        guardianship of, or a right of access to,
                                        the other of those persons;
30                              or



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                                                                       s. 171




                 (g) an order under a law of a State or Territory
                      described in subparagraph (i) or (ii) is or was
                      (at any time) in force --
                         (i) an order determining that the first
5                              person or the second person is or was to
                               live with the other of those persons, or
                               is or was to have custody or
                               guardianship of the other of those
                               persons;
10                      (ii) an order providing for contact between
                               the first person and the second person,
                               or for the first person or the second
                               person to have a right of access to the
                               other of those persons;
15                    or
                 (h) the first person ordinarily or regularly resides or
                      resided with the second person, or with another
                      member of the family of the second person; or
                  (i) the first person is or has been a member of the
20                    family of a child of the second person.
      7.       Meaning of "relative" -- FLA s. 4(1AC)
               For the purposes of section 6, a relative of a person
               is --
                  (a) a father, mother, grandfather, grandmother,
25                     step-father or step-mother of the person; or
                 (b) a son, daughter, grandson, grand-daughter,
                       step-son or step-daughter of the person; or
                  (c) a brother, sister, half-brother, half-sister,
                       step-brother or step-sister of the person; or
30               (d) an uncle or aunt of the person; or
                  (e) a nephew or niece of the person; or
                  (f) a cousin of the person; or


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                       (g) if the person is or was married, in addition to
                           paragraphs (a) to (f), a person who is or was a
                           relative, of the kind described in any of those
                           paragraphs, of the person's spouse; or
5                      (h) if the person is or was in a de facto relationship
                           with another person, in addition to
                           paragraphs (a) to (f), a person who would be a
                           relative of a kind described in any of those
                           paragraphs if the persons in that de facto
10                         relationship were or had been married to each
                           other.
              7A.    Meaning of "major long-term issues" -- FLA s. 4(1)
                (1) For the purposes of this Act --
                    "major long-term issues", in relation to a child,
15                       means issues about the care, welfare and
                         development of the child of a long-term nature and
                         includes (but is not limited to) issues of that nature
                         about --
                         (a) the child's education (both current and
20                             future); and
                         (b) the child's religious and cultural upbringing;
                               and
                         (c) the child's health; and
                         (d) the child's name; and
25                       (e) changes to the child's living arrangements
                               that make it significantly more difficult for
                               the child to spend time with a parent.
                (2) To avoid doubt, a decision by a parent of a child to
                    form a relationship with a new partner is not, of itself, a
30                  major long-term issue in relation to the child, however,
                    the decision will involve a major long-term issue if, for
                    example, the relationship with the new partner involves
                    the parent moving to another area and the move will

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                  make it significantly more difficult for the child to
                  spend time with the other parent.
                                                                             ".
     172.   Section 33 amended
5           Section 33(1) is amended by deleting the definition of
            "Registrar".
     173.   Section 100 amended
       (1) Section 100 is amended by deleting the subsection designation
           "(1)".
10     (2) Section 100(2) is repealed.
     174.   Section 134 repealed
            Section 134 is repealed.
     175.   Section 142 repealed
            Section 142 is repealed.
15   176.   Section 203 repealed
            Section 203 is repealed.
     177.   Section 220A amended
            Section 220A(1)(a) is amended by deleting "(within the
            meaning of Part 5 Division 13)".




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     s. 178




      Part 4 -- Amendments about the interaction between
                family law and bankruptcy law
     178.       Section 5 amended
                Section 5(1) is amended as follows:
5                 (a) by inserting in the appropriate alphabetical positions --
                "
                     (FLA s. 4(1))
                     "bankrupt" has the same meaning as in the
                        Bankruptcy Act;
10                   "Bankruptcy Act" means the Bankruptcy Act 1966 of
                        the Commonwealth;
                     (FLA s. 4(1))
                     "bankruptcy trustee", in relation to a bankrupt,
                          means the trustee of the bankrupt's estate;
15                   (FLA s. 4(1))
                     "debtor subject to a personal insolvency
                         agreement" has the meaning given by section 7B;
                     (FLA s. 4(1))
                     "personal insolvency agreement" has the same
20                        meaning as in the Bankruptcy Act;
                     (FLA s. 4(1))
                     "property", in relation to de facto partners, or either of
                          them, means property to which those partners are,
                          or that partner is, as the case may be, entitled,
25                        whether in possession or reversion;
                     (FLA s. 4(1))
                     "property settlement proceedings" means
                          proceedings with respect to --
                          (a) the property of de facto partners, or either of
30                             them; or

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                     (b) the vested bankruptcy property in relation to
                         a bankrupt de facto partner;
                (FLA s. 4(1))
                "trustee", in relation to a personal insolvency
5                    agreement, has the same meaning as in the
                     Bankruptcy Act;
                (FLA s. 4(1))
                "vested bankruptcy property", in relation to a
                     bankrupt, means property, within the meaning of
10                   the Bankruptcy Act, of the bankrupt that has
                     vested in the bankruptcy trustee under that Act;
                                                                        ";
             (b) by deleting the definition of "Part 5A proceedings" and
                 inserting instead --
15       "
                "Part 5A proceedings" means proceedings under
                     Part 5A for orders with respect to --
                     (a) the property of de facto partners, or either of
                           them; or
20                   (b) the vested bankruptcy property in relation to
                           a bankrupt de facto partner; or
                     (c) the maintenance of a de facto partner,
                     but does not include any proceedings specified in
                     the regulations for the purposes of this definition;
25                                                                          ".




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     179.       Section 7B inserted
                Before section 8 the following section is inserted --
     "
              7B.    Meaning of "debtor subject to a personal insolvency
5                    agreement" -- FLA s. 4A
                     For the purposes of this Act, if --
                       (a) a person who is a debtor (within the meaning of
                             Part X of the Bankruptcy Act) executes a
                             personal insolvency agreement; and
10                     (b) the agreement has not ended (within the
                             meaning of the Bankruptcy Act),
                     the person is a debtor subject to the personal
                     insolvency agreement.
                                                                               ".
15   180.       Section 45 amended
         (1) Section 45 is amended by inserting before "Where" the
              subsection designation "(1)".
         (2) At the end of section 45 the following subsection is inserted --
            "
20            (2) For the purposes of subsection (1), if the bankruptcy
                   trustee of a bankrupt de facto partner applies under
                   section 139A of the Bankruptcy Act for an order under
                   Division 4A of Part VI of that Act, proceedings
                   relating to that application are taken to be related
25                 proceedings.
                                                                            ".




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     181.       Section 205T amended
                Section 205T is amended as follows:
                  (a) at the end of the definition of "income tested pension,
                       allowance or benefit" by deleting the semicolon and
5                      inserting instead a full stop;
                 (b) by deleting the definition of "property".
     182.       Section 205W amended
                After section 205W(2) the following subsection is inserted --
            "
10              (3) Subsections (1) and (2) do not apply in relation to --
                     (a) proceedings between --
                              (i) a de facto partner; and
                             (ii) the bankruptcy trustee of a bankrupt
                                    de facto partner,
15                         with respect to the maintenance of the partner
                           referred to in subparagraph (ii); or
                     (b) proceedings between --
                              (i) a de facto partner; and
                             (ii) the bankruptcy trustee of a bankrupt
20                                  de facto partner,
                           with respect to any vested bankruptcy property
                           in relation to the bankrupt partner, being
                           proceedings arising out of the de facto
                           relationship.
25                                                                              ".
     183.       Section 205ZC amended
       (1) Section 205ZC is amended as follows:
            (a) by inserting before "A de facto partner" the subsection
                  designation "(1)";


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                (b) by deleting "party" and inserting instead --
                      " partner ".
         (2) At the end of section 205ZC the following subsection is
              inserted --
5           "
              (2) The liability under subsection (1) of a bankrupt
                    de facto partner to maintain the other de facto partner
                    may be satisfied, in whole or in part, by way of the
                    transfer of vested bankruptcy property in relation to the
10                  bankrupt partner if the court makes an order under this
                    Part for the transfer.
                                                                                ".
     184.       Section 205ZCA inserted
                After section 205ZC the following section is inserted --
15   "
              205ZCA. Powers of court in maintenance proceedings --
                    FLA s. 74
                (1) In proceedings with respect to the maintenance of a
                    de facto partner, the court may make such order as it
20                  considers proper for the provision of maintenance in
                    accordance with this Division.
                (2) If --
                       (a) an application is made for an order under this
                            section in proceedings between de facto
25                          partners with respect to the maintenance of one
                            of the partners; and
                      (b) either of the following subparagraphs apply to
                            one of the de facto partners --
                              (i) when the application was made, the
30                                  de facto partner was a bankrupt; and
                             (ii) after the application was made but
                                    before the proceedings are finally

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                              determined, the de facto partner became
                              a bankrupt;
                      and
                 (c) the bankruptcy trustee applies to the court to be
5                     joined as a party to the proceedings; and
                (d) the court is satisfied that the interests of the
                      bankrupt's creditors may be affected by the
                      making of an order under this section in the
                      proceedings,
10            the court must join the bankruptcy trustee as a party to
              the proceedings.
          (3) If a bankruptcy trustee is a party to proceedings with
              respect to the maintenance of a de facto partner, then,
              except with the leave of the court, the bankrupt de facto
15            partner is not entitled to make a submission to the court
              in connection with any vested bankruptcy property in
              relation to the bankrupt party.
          (4) The court must not grant leave under subsection (3)
              unless the court is satisfied that there are exceptional
20            circumstances.
          (5) If --
                 (a) an application is made for an order under this
                      section in proceedings between de facto
                      partners with respect to the maintenance of one
25                    of the de facto partners; and
                (b) either of the following subparagraphs apply to
                      one of the de facto partners (the "debtor
                      party") --
                         (i) when the application was made, the
30                            de facto partner was a debtor subject to
                              a personal insolvency agreement; or
                        (ii) after the application was made but
                              before it is finally determined, the

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                                     de facto partner becomes a debtor
                                     subject to a personal insolvency
                                     agreement;
                             and
5                      (c) the trustee of the agreement applies to the court
                             to be joined as a party to the proceedings; and
                      (d) the court is satisfied that the interests of the
                             debtor party's creditors may be affected by the
                             making of an order under this section in the
10                           proceedings,
                    the court must join the trustee of the agreement as a
                    party to the proceedings.
                (6) If the trustee of a personal insolvency agreement is a
                    party to proceedings with respect to the maintenance of
15                  a de facto partner then, except with the leave of the
                    court, the de facto partner who is the debtor subject to
                    the agreement is not entitled to make a submission to
                    the court in connection with any property subject to the
                    agreement.
20              (7) The court must not grant leave under subsection (6)
                    unless the court is satisfied that there are exceptional
                    circumstances.
                (8) For the purposes of subsections (2) and (5), an
                    application for an order under this section is taken to be
25                  finally determined when --
                       (a) the application is withdrawn or dismissed; or
                      (b) an order (other than an interim order) is made
                             as a result of the application.
                                                                                 ".
30   185.       Section 205ZD amended
        (1) Section 205ZD(1) is repealed.


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     (2) Section 205ZD(3) is amended as follows:
          (a) in paragraph (d)(ii) by deleting "party" and inserting
                 instead --
                 " partner ";
5         (b) in paragraph (e) by deleting "party" and inserting
                 instead --
                 " de facto partner ";
          (c) in paragraph (f) by deleting "party" in both places where
                 it occurs and inserting instead --
10               " de facto partner ";
          (d) in paragraph (h) --
                    (i) by deleting "party" in the first place where it
                         occurs and inserting instead --
                         " de facto partner "; and
15                 (ii) by deleting "that party" in both places where it
                         occurs and inserting instead --
                         " that partner ";
          (e) after paragraph (h) by inserting --
              "
20              (ha) the effect of any proposed order on the ability
                        of a creditor of a de facto partner to recover the
                        creditor's debt, so far as that effect is relevant;
                        and
                                                                            ";
25         (f) in paragraph (i) by deleting "party" in both places where
                 it occurs and inserting instead --
                 " de facto partner ";
          (g) in paragraph (j) by deleting "party" and inserting
                 instead --
30               " de facto partner ";



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                 (h) in paragraph (k) by deleting "party" and inserting
                      instead --
                      " de facto partner ";
                  (i) in paragraph (l) by deleting "party" and inserting
5                     instead --
                      " de facto partner ";
                  (j) in paragraph (m) by deleting "section 205ZG in relation
                      to the property of the parties;" and inserting instead --
                      "
10                           section 205ZG in relation to --
                               (i) the property of the de facto partners; or
                              (ii) vested bankruptcy property in relation
                                     to a bankrupt de facto partner;
                                                                               ";
15               (k) in paragraph (p) by deleting "parties." and inserting
                      instead --
                      " de facto partners. ";
                  (l) after each of paragraphs (a) to (h) and (i) to (n) by
                      inserting --
20                    " and ".
     186.       Section 205ZG amended
        (1) Section 205ZG(1) is repealed and the following subsection is
             inserted instead --
           "
25           (1) In property settlement proceedings, the court may
                   make such order as it considers appropriate --
                     (a) in the case of proceedings with respect to the
                           property of the de facto partners, or either of
                           them, altering the interests of the partners in the
30                         property; or


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                  (b) in the case of proceedings with respect to the
                        vested bankruptcy property in relation to a
                        bankrupt de facto partner, altering the interests
                        of the bankruptcy trustee in the vested
5                       bankruptcy property,
                including --
                  (c) an order for a settlement of property in
                        substitution for any interest in the property; and
                  (d) an order requiring --
10                        (i) either or both of the de facto partners; or
                         (ii) the relevant bankruptcy trustee (if any),
                        to make, for the benefit of either or both of the
                        de facto partners or a child of the de facto
                        partner, such settlement or transfer of property
15                      as the court determines.
                                                                             ".
     (2) Section 205ZG(2) is amended as follows:
           (a) by deleting "proceedings with respect to the property of
                 de facto partners, or either of them" and inserting
20               instead --
                 " property settlement proceedings ";
           (b) by deleting "a partner to the proceedings," and inserting
                 instead --
                 " one of the de facto partners, ".
25   (3) Section 205ZG(4) is amended by deleting "proceedings with
         respect to any property of de facto partners, or either of them,"
         and inserting instead --
         " property settlement proceedings ".




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        (4) Section 205ZG(5) is amended as follows:
              (a) by deleting "proceedings with respect to the property of
                     the de facto partners, or either of them," and inserting
                     instead --
5                    " property settlement proceedings ";
              (b) by deleting paragraph (b) and inserting the following
                     paragraph instead --
                 "
                     (b) that an order that the court could make with
10                         respect to --
                              (i) the property of the de facto partners, or
                                    either of them; or
                             (ii) the vested bankruptcy property in
                                    relation to a bankrupt de facto partner,
15                         if that significant change in financial
                           circumstances occurs is more likely to do
                           justice as between the de facto partners than an
                           order that the court could make immediately
                           with respect to --
20                          (iii) the property of the de facto partners, or
                                    either of them; or
                            (iv) the vested bankruptcy property in
                                    relation to a bankrupt de facto partner,
                                                                              ";
25            (c) by inserting after "either de facto partner" --
                     " or the relevant bankruptcy trustee (if any) ";
              (d) by inserting after "that de facto partner" --
            "
                   or the relevant bankruptcy trustee, as the case may be
30                                                                            ".




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     (5) Section 205ZG(6) is amended by deleting "with respect to any
         of the property of the de facto partners or of either of them." and
         inserting instead --
         "
5              with respect to --
                 (a) any of the property of the de facto partners, or
                        of either of them; or
                 (b) any of the vested bankruptcy property in
                        relation to a bankrupt de facto partner.
10                                                                         ".
     (6) Section 205ZG(8) is amended as follows:
           (a) by deleting "proceedings with respect to the property of
                 de facto partners, or either of them are completed, either
                 party to the proceedings" and inserting instead --
15       "
               property settlement proceedings are completed, either
               de facto partner
                                                                           ";
           (b) after paragraph (a) by inserting --
20               " and ";
           (c) in paragraph (b) by deleting "with respect to any of the
                 property of the de facto partners, or either of them; and"
                 and inserting instead --
                 "
25                      with respect to --
                         (iii) any of the property of the de facto
                                partners, or either of them; or
                         (iv) any of the vested bankruptcy property in
                                relation to a bankrupt de facto partner;
30                      and
                                                                           ".


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        (7) Section 205ZG(9) is amended by deleting "proceedings with
              respect to the property of de facto partners, or either of them"
              and inserting instead --
              " property settlement proceedings ".
5       (8) After section 205ZG(9) the following subsections are
              inserted --
           "
             (10) The following are entitled to become a party to
                    proceedings in which an application is made for an
10                  order under this section --
                      (a) a creditor of a party to the proceedings if the
                            creditor may be able to recover his or her debt
                            if the order were made;
                      (b) any other person whose interests would be
15                          affected by the making of the order.
             (11) Subsection (10) does not apply to a creditor of a party
                    to the proceedings --
                      (a) if the party is a bankrupt, to the extent to which
                            the debt is a provable debt (within the meaning
20                          of the Bankruptcy Act); or
                      (b) if the party is a debtor subject to a personal
                            insolvency agreement, to the extent to which
                            the debt is covered by the personal insolvency
                            agreement.
25           (12) If --
                      (a) an application is made for an order under this
                            section in proceedings between the de facto
                            partners with respect to the property of the
                            de facto partners, or either of them; and




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               (b) either of the following subparagraphs apply to a
                     de facto partner --
                        (i) when the application was made, the
                             partner was a bankrupt;
5                      (ii) after the application was made but
                             before it is finally determined, the
                             partner became a bankrupt;
                     and
                (c) the bankruptcy trustee applies to the court to be
10                   joined as a party to the proceedings; and
               (d) the court is satisfied that the interests of the
                     bankrupt's creditors may be affected by the
                     making of an order under this section in the
                     proceedings,
15           the court must join the bankruptcy trustee as a party to
             the proceedings.
        (13) If a bankruptcy trustee is a party to property settlement
             proceedings, then, except with the leave of the court,
             the bankrupt de facto partner is not entitled to make a
20           submission to the court in connection with any vested
             bankruptcy property in relation to the bankrupt party.
        (14) The court must not grant leave under subsection (13)
             unless the court is satisfied that there are exceptional
             circumstances.
25      (15) If --
                (a) an application is made for an order under this
                     section in proceedings between de facto
                     partners with respect to the property of the
                     de facto partners, or either of them; and




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                     (b) either of the following subparagraphs apply to a
                            de facto partner (the "debtor party") --
                               (i) when the application was made, the
                                    de facto partner was a debtor subject to
5                                   a personal insolvency agreement; or
                              (ii) after the application was made but
                                    before it is finally determined, the
                                    de facto partner becomes a debtor
                                    subject to a personal insolvency
10                                  agreement;
                            and
                      (c) the trustee of the agreement applies to the court
                            to be joined as a party to the proceedings; and
                     (d) the court is satisfied that the interests of the
15                          debtor party's creditors may be affected by the
                            making of an order under this section in the
                            proceedings,
                   the court must join the trustee of the agreement as a
                   party to the proceedings.
20            (16) If the trustee of a personal insolvency agreement is a
                   party to property settlement proceedings, then, except
                   with the leave of the court, the de facto partner who is
                   the debtor subject to the agreement is not entitled to
                   make a submission to the court in connection with any
25                 property subject to the agreement.
              (17) The court must not grant leave under subsection (16)
                   unless the court is satisfied that there are exceptional
                   circumstances.
              (18) For the purposes of subsections (12) and (15), an
30                 application for an order under this section is taken to be
                   finally determined when --
                      (a) the application is withdrawn or dismissed; or


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                     (b) an order (other than an interim order) is made
                         as a result of the application.
                                                                                ".
     187.    Section 205ZH amended
5      (1) Section 205ZH(1) is amended by deleting "proceedings with
            respect to the property of de facto partners, or either of them,"
            and inserting instead --
            " property settlement proceedings, ".
       (2) Section 205ZH(2) is amended by deleting "proceedings with
10          respect to the property of de facto partners, or either of them,"
            and inserting instead --
            " property settlement proceedings, ".
       (3) Section 205ZH(5) is amended by deleting "party to the
            proceedings" and inserting instead --
15          " de facto partner ".
       (4) After section 205ZH(6) the following subsections are
            inserted --
          "
            (7) For the purposes of this section, a creditor of a party to
20                the proceedings in which the order under
                  section 205ZG was made is taken to be a person whose
                  interests are affected by the order if the creditor may
                  not be able to recover his or her debt because the order
                  has been made.
25          (8) For the purposes of this section, if --
                    (a) an order is made by a court under
                          section 205ZG in proceedings with respect to
                          the property of de facto partners or either of
                          them; and



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                     (b) either of the following subparagraphs apply to a
                           de facto partner --
                              (i) when the order was made, the de facto
                                    partner was a bankrupt;
5                            (ii) after the order was made, the de facto
                                    partner became a bankrupt,
                   the bankruptcy trustee is taken to be a person whose
                   interests are affected by the order.
               (9) For the purposes of this section, if --
10                   (a) a de facto partner is a bankrupt; and
                     (b) an order is made by a court under
                           section 205ZG in proceedings with respect to
                           the vested bankruptcy property in relation to the
                           bankrupt party,
15                 the bankruptcy trustee is taken to be a person whose
                   interests are affected by the order.
              (10) For the purposes of this section, if --
                     (a) an order is made by a court under
                           section 205ZG in proceedings with respect to
20                         the property of de facto partners or either of
                           them; and
                     (b) either of the following subparagraphs apply to a
                           de facto partner --
                              (i) when the order was made, the de facto
25                                  partner was a debtor subject to a
                                    personal insolvency agreement;
                             (ii) after the order was made, the de facto
                                    partner became a debtor subject to a
                                    personal insolvency agreement,
30                 the trustee of the agreement is taken to be a person
                   whose interests are affected by the order.
                                                                               ".

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     188.     Sections 205ZHE, 205ZHF, 205ZHG and 205ZHH inserted
              Before section 205ZI the following sections are inserted --
     "
            205ZHE. Notifying third parties about application -- FLA
5                 s. 79F
                    The rules may specify the circumstances in which a
                    person who --
                       (a) applies for an order under this Part; or
                      (b) is a party to proceedings for an order under this
10                           Part,
                    is to give notice of the application to a person who is
                    not a party to the proceedings.
            205ZHF. Notifying bankruptcy trustee etc. about application
                  under section 205ZA, 205ZCA, 205ZG or 205ZH --
15                FLA s. 79G
               (1) The rules may make provision for a bankrupt who
                   becomes a party to a proceeding for an application
                   under section 205ZA, 205ZCA, 205ZG or 205ZH to
                   give notice of the application to the bankruptcy trustee.
20             (2) The rules may make provision for a debtor subject to a
                   personal insolvency agreement who becomes a party to
                   a proceeding for an application under section 205ZA,
                   205ZCA, 205ZG or 205ZH to give notice of the
                   application to the trustee of the agreement.
25          205ZHG. Notifying court about bankruptcy etc. -- FLA
                  s. 79H
               (1) The rules may make provision for a person who --
                    (a) is a de facto partner; and
                    (b) is a party to a proceeding for an application
30                        under section 205ZA, 205ZCA, 205ZG or
                          205ZH; and

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                      (c) before that application is finally determined,
                            becomes a bankrupt,
                    to notify a court exercising jurisdiction under this Act
                    that the person has become a bankrupt.
5               (2) The rules may make provision for a person who --
                      (a) is a de facto partner; and
                      (b) is a party to a proceeding for an application
                            under section 205ZA, 205ZCA, 205ZG or
                            205ZH; and
10                    (c) before that application is finally determined,
                            becomes a debtor subject to a personal
                            insolvency agreement,
                    to notify a court exercising jurisdiction under this Act
                    that the person has become a debtor subject to a
15                  personal insolvency agreement.
                (3) The rules may make provision for a person who --
                      (a) is a de facto partner; and
                      (b) is a party to a proceeding for an application
                            under section 205ZA, 205ZCA, 205ZG or
20                          205ZH; and
                      (c) before that application is finally determined,
                            becomes a party to a proceeding before the
                            Federal Court or the Federal Magistrates Court
                            under the Bankruptcy Act that relates to --
25                             (i) the bankruptcy of the person; or
                              (ii) the person's capacity as a debtor subject
                                     to a personal insolvency agreement,
                    to notify a court exercising jurisdiction under this Act
                    of the institution of the proceeding under the
30                  Bankruptcy Act.



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          (4) The rules may make provision for a person who --
                (a) is the bankruptcy trustee of a bankrupt de facto
                       partner; and
                (b) applies under section 139A of the Bankruptcy
5                      Act for an order under Division 4A of Part VI
                       of that Act,
              to notify a court exercising jurisdiction under this Act
              of the making of the application.
          (5) For the purposes of this section, an application for an
10            order under section 205ZCA, 205ZG or 205ZH is taken
              to be finally determined when --
                (a) the application is withdrawn or dismissed; or
                (b) an order (other than an interim order) is made
                       as a result of the application.
15        (6) For the purposes of this section, an application for a
              declaration under section 205ZA is taken to be finally
              determined when --
                (a) the application is withdrawn or dismissed; or
                (b) a declaration is made as a result of the
20                     application.
      205ZHH. Notifying non-bankrupt de facto partner about
            application under section 139A of the Bankruptcy
            Act -- FLA s. 79J
               The rules may make provision for a person who --
25               (a) is the bankruptcy trustee of a bankrupt de facto
                       partner; and
                 (b) applies under section 139A of the Bankruptcy
                       Act for an order under Division 4A of Part VI
                       of that Act in relation to an entity (other than
30                     the other de facto partner),
               to notify the other de facto partner of the making of the
               application.
                                                                           ".
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     189.         Section 205ZI amended
                  After section 205ZI(3) the following subsections are inserted --
              "
                  (4) If a bankruptcy trustee is a party to a proceeding before
5                     the court, the court may make an order under
                      subsection (1)(e) directed to the bankrupt.
                  (5) If the trustee of a personal insolvency agreement is a
                      party to a proceeding before the court, the court may
                      make an order under subsection (1)(e) directed to the
10                    debtor subject to the agreement.
                  (6) Subsections (4) and (5) do not limit subsection (1)(e).
                                                                                  ".
     190.         Section 205ZL amended and transitional provision
        (1) Section 205ZL(1) is amended by deleting "In proceedings with
15            respect to the maintenance of a de facto partner, if there is in
              force an order with respect to the maintenance of that person by
              the de facto partner of that person" and inserting instead --
              "
                    If there is in force an order with respect to the
20                  maintenance of a de facto partner
                                                                               ".
        (2) After section 205ZL(1) the following subsection is inserted --
           "
             (1a) The court's jurisdiction under subsection (1) may be
25                  exercised --
                       (a) in any case, in proceedings with respect to the
                             maintenance of a de facto partner; or
                      (b) if there is a bankrupt de facto partner, on the
                             application of the bankruptcy trustee; or



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                                                 bankruptcy law
                                                                           s. 191




                      (c) if a de facto partner is a debtor subject to a
                          personal insolvency agreement, on the
                          application of the trustee of the agreement.
                                                                              ".
5        (3) Section 205ZL(5) is amended by inserting after "a de facto
             partner" --
             " , or by the bankruptcy trustee of a de facto partner ".
         (4) Section 205ZL(1) of the Family Court Act 1997, as amended by
             subsection (1), applies to an order made before, on or after the
10           commencement of this Part.
     191.     Section 205ZP amended
         (1) Section 205ZP(1)(a) is amended by deleting "parties" and
             inserting instead --
             " de facto partners ".
15       (2) Section 205ZP(1)(b) is amended by deleting "parties" and
             inserting instead --
             " de facto partners ".
     192.     Section 205ZPA inserted
              After section 205ZP the following section is inserted --
20   "
            205ZPA. Need for separation declaration for certain
                   provisions of financial agreement to take effect --
                   FLA s. 90DA
               (1) A financial agreement between 2 people, to the extent
25                 to which it deals with --
                     (a) how, in the event of the breakdown of the
                          de facto relationship, all or any of the property
                          or financial resources of either or both of them
                          at the time when the agreement is made, or at a

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                     bankruptcy law
     s. 192




                               later time and during the de facto relationship,
                               is to be dealt with; or
                        (b) the maintenance of either of them after the
                               de facto relationship has ended,
5                     is of no force or effect until a separation declaration is
                      made.
                (2)   A separation declaration is a written declaration that
                      complies with subsections (3) and (4).
                (3)   The declaration must be signed by at least one of the
10                    parties to the financial agreement.
                (4)   The declaration must state that --
                         (a) the de facto partners have separated and are
                               living separately and apart at the declaration
                               time; and
15                      (b) in the opinion of the de facto partners making
                               the declaration, there is no reasonable
                               likelihood of cohabitation being resumed.
                (5)   In this section --
                      "declaration time" means the time when the
20                          declaration was signed by a party to the financial
                            agreement (or last signed by a party to the
                            agreement, if both parties to the agreement have
                            signed);
                      "separated" has the same meaning in relation to a
25                          de facto relationship as it has for the purposes of
                            section 48 of the Family Law Act, as affected by
                            section 49 of that Act, in relation to a marriage.
                                                                                   ".




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                                                bankruptcy law
                                                                        s. 193




     193.   Section 222 amended
       (1) After section 222(1) the following subsections are inserted --
          "
            (1a) If --
5                   (a) a de facto partner is a bankrupt; and
                   (b) the bankrupt trustee is a party to proceedings
                         under this Act,
                 the court may set aside or restrain the making of an
                 instrument or disposition --
10                  (c) which is made or proposed to be made by or on
                         behalf of, or by direction or in the interests of,
                         the bankrupt; and
                   (d) which is made or proposed to be made to defeat
                         an existing or anticipated order in those
15                       proceedings or which, irrespective of intention,
                         is likely to defeat any such order.
            (1b) If --
                    (a) a de facto partner is a debtor subject to a
                         personal insolvency agreement; and
20                 (b) the trustee of the agreement is a party to
                         proceedings under this Act,
                 the court may set aside or restrain the making of an
                 instrument or disposition --
                    (c) which is made or proposed to be made by or on
25                       behalf of, or by direction or in the interest of,
                         the debtor; and
                   (d) which is made or proposed to be made to defeat
                         an existing or anticipated order in those
                         proceedings or which, irrespective of intention,
30                       is likely to defeat any such order.
                                                                              ".


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                     bankruptcy law
     s. 194




        (2) Section 222(2) is amended by deleting "such instrument or
            disposition" and inserting instead --
            "
                  instrument or disposition referred to in subsection (1),
5                 (1a) or (1b)
                                                                                 ".
        (3) After section 222(4) the following subsection is inserted --
           "
            (4aa) An application may be made to the court for an order
10                under this section by --
                    (a) a party to the proceedings; or
                    (b) a creditor to the party to the proceedings if the
                          creditor may not be able to recover his or her
                          debt if the instrument or disposition were made;
15                        or
                    (c) any other person whose interests would be
                          affected by the making of the instrument or
                          disposition.
                                                                                 ".
20   194.         Section 235A amended
                  After section 235A(3) the following subsections are inserted --
              "
                  (4) If a de facto partner is a bankrupt, a court may, on the
                      application of the other de facto partner, by
25                    interlocutory order, grant an injunction under
                      subsection (3) restraining the bankruptcy trustee from
                      declaring and distributing dividends amongst the
                      bankrupt's creditors.
                  (5) Subsection (4) does not limit subsection (3).
30                (6) If a de facto partner is a debtor subject to a personal
                      insolvency agreement, a court may, on the application
                      of the other de facto partner, by interlocutory order,

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                                                bankruptcy law
                                                                        s. 195




                 grant an injunction under subsection (3) restraining the
                 trustee of the agreement from disposing of (whether by
                 sale, gift or otherwise) property subject to the
                 agreement.
5            (7) Subsection (6) does not limit subsection (3).
                                                                            ".
     195.   Transitional provisions
       (1) In this section --
            "commencement" means the day on which this Part comes into
10               operation;
            "relevant provisions" means the following provisions of the
                 Family Court Act 1997, as amended by this Part --
                 (a) section 205ZCA(2), (3) and (4); and
                 (b) section 205ZCA(8), to the extent to which it relates to
15                    section 205ZCA(2); and
                 (c) the definitions in section 5(1), to the extent to which
                      those definitions relate to section 205ZCA(2), (3)
                      and (4); and
                 (d) section 205ZG(11), (12) and (13); and
20               (e) section 205ZG(17), to the extent to which it relates to
                      section 205ZG(11); and
                  (f) the definitions in section 5(1) to the extent to which
                      those definitions relate to section 205ZG(11), (12)
                      and (13).
25     (2) Subject to subsection (3), the Family Court Act 1997, as
           amended by this Part, to the extent to which it relates to
           bankruptcies or personal insolvency agreements --
             (a) applies in relation to --
                     (i) bankruptcies for which the date of the
30                        bankruptcy is after the commencement; and


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                    bankruptcy law
    s. 195




                     (ii) personal insolvency agreements, whether
                           executed before, at or after the commencement;
                   and
             (b) does not apply in relation to bankruptcies for which the
5                  date of the bankruptcy is before the commencement.
       (3) The relevant provisions apply to proceedings instituted after the
           commencement, whether the date of the bankruptcy is before,
           on or after the commencement.




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                                     Family Legislation Amendment Bill 2006
                     Child Support (Adoption of Laws) Act 1990       Part 5



                                                                     s. 196




       Part 5 --   Child Support (Adoption of Laws) Act 1990
     196.   Purpose of Part
            The purpose of this Part is to provide that the adoption by the
            Child Support (Adoption of Laws) Act 1990 of --
5            (a) the Child Support (Registration and Collection)
                   Act 1988 of the Commonwealth extends to that Act as
                   amended by --
                      (i) the Financial Framework Legislation
                           Amendment Act 2005; and
10                   (ii) the Child Support Legislation Amendment
                           (Reform of the Child Support Scheme -- Initial
                           Measures) Act 2006; and
                    (iii) the Family Law Amendment (Shared Parental
                           Responsibility) Act 2006; and
15                  (iv) the Financial Framework Legislation
                           Amendment Act (No. 1) 2006; and
                     (v) the Jurisdiction of Courts (Family Law)
                           Act 2006; and
                    (vi) the Jurisdiction of the Federal Magistrates Court
20                         Legislation Amendment Act 2006,
                   of the Commonwealth; and
             (b) the Child Support (Assessment) Act 1989 of the
                   Commonwealth extends to that Act as amended by --
                      (i) the Tax Laws Amendment (Improvements to Self
25                         Assessment) Act (No. 2) 2005; and
                     (ii) the Child Support Legislation Amendment
                           (Reform of the Child Support Scheme -- Initial
                           Measures) Act 2006; and
                    (iii) the Jurisdiction of Courts (Family Law)
30                         Act 2006; and
                    (iv) the Family Law Amendment (Shared Parental
                           Responsibility) Act 2006,
                   of the Commonwealth.

                                                                  page 257
     Family Legislation Amendment Bill 2006
     Part 5          Child Support (Adoption of Laws) Act 1990
     s. 197




     197.       The Act amended
                The amendments in this Part are to the Child Support (Adoption
                of Laws) Act 1990*.
                [* Reprint 1 as at 2 May 2003.]
5    198.       Section 3 amended
                Section 3(a) of the Child Support (Adoption of Laws) Act 1990
                is amended by deleting "1 July 2002" and inserting instead --
                " 1 July 2006 ".
     199.       Section 4 amended
10              Section 4(b) of the Child Support (Adoption of Laws) Act 1990
                is amended by deleting "1 July 2002" and inserting instead --
                " 1 July 2006 ".




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                                      Family Legislation Amendment Bill 2006
                        Consequential amendments to other Acts         Part 6

            Children and Community Services Act 2004 amended       Division 1

                                                                       s. 200




       Part 6 --    Consequential amendments to other Acts
            Division 1 -- Children and Community Services
                          Act 2004 amended
     200.   The Act amended
5           The amendments in this Division are to the Children and
            Community Services Act 2004*.
            [* Act No. 34 of 2004.
               For subsequent amendments see Western Australian
               Legislation Information Tables for 2005, Table 1, p. 61.]
10   201.   Section 104 amended
       (1) Section 104(1) is amended by deleting the definitions of
           "residence order" and "specific issues order" and inserting in
           the appropriate alphabetical position --
           "
15               "parenting order" means a parenting order made
                     under the Family Law Act 1975 of the
                     Commonwealth or the Family Court Act 1997
                     which deals with --
                     (a) the person or persons with whom a child is
20                         to live; or
                     (b) the time a child is to spend with another
                           person or other persons; or
                     (c) the communication a child is to have with
                           another person or other persons; or
25                   (d) the allocation of parental responsibility for a
                           child;
                                                                            ".
       (2) Section 104(2)(d) is amended by deleting "residence order or
           specific issues" and inserting instead --
30         " parenting ".

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     Family Legislation Amendment Bill 2006
     Part 6          Consequential amendments to other Acts
     Division 1      Children and Community Services Act 2004 amended
     s. 202




        (3) Section 104(2)(e) is amended by deleting "residence order or
            specific issues" and inserting instead --
            " parenting ".
     202.       Section 198 amended
5               Section 198(2) is amended as follows:
                  (a) by deleting paragraph (b) and inserting instead --
                     "
                       (b) care provided to a child by a person in
                             accordance with a parenting order under the
10                           Family Law Act 1975 of the Commonwealth or
                             the Family Court Act 1997; or
                                                                               ";
                  (b) after each of paragraphs (a) and (c) to (e) by inserting --
                      " or ".
15   203.       Section 238 amended
                Section 238(6)(d) is deleted and the following paragraph is
                inserted instead --
                     "
                        (d) if the proceedings are in the Family Court --
20                              (i) a family consultant, as defined in the
                                     Family Court Act 1997; or
                               (ii) any other person required or directed to
                                     prepare a report on matters relevant to
                                     the proceedings, under that Act or the
25                                   Family Law Act 1975 of the
                                     Commonwealth;
                                                                               ".




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                     Consequential amendments to other Acts             Part 6

            Guardianship and Administration Act 1990 amended        Division 2

                                                                        s. 204




             Division 2 -- Guardianship and Administration
                          Act 1990 amended
     204.   The Act amended
            The amendments in this Division are to the Guardianship and
5           Administration Act 1990*.
            [* Reprint 3 as at 1 April 2005.
               For subsequent amendments see Acts Nos. 34, 59 and 84 of
               2004.]
     205.   Section 45 amended
10          Section 45(1)(a) and (b) and "and" after paragraph (a) are
            deleted and the following is inserted instead --
                 "
                    (a) a parenting order which allocates parental
                          responsibility for a child; and
15                  (b) a parenting order which provides that a person
                          is to share parental responsibility for a child,
                                                                             ".
          Division 3 -- Restraining Orders Act 1997 amended
     206. The Act amended
20          The amendments in this Division are to the Restraining Orders
            Act 1997*.
            [* Reprinted as at 6 October 2000.
               For subsequent amendments see Western Australian
               Legislation Information Tables for 2005, Table 1, p. 387 and
25             Acts Nos. 34 and 38 of 2004.]




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     Family Legislation Amendment Bill 2006
     Part 6          Consequential amendments to other Acts
     Division 3      Restraining Orders Act 1997 amended
     s. 207




     207.       Section 5 amended
        (1) Section 5(1)(a) and (b) are deleted and the following paragraph
            is inserted instead --
                  "
5                    (a) a parenting order made under the Family Law
                           Act 1975 of the Commonwealth or the Family
                           Court Act 1997, as is relevant to the case, that
                           deals with --
                              (i) the person or persons with whom a child
10                                 is to live; or
                             (ii) the time a child is to spend with another
                                   person or other persons; or
                            (iii) the communication a child is to have
                                   with another person or other persons;
15                                                                          ".
        (2) Section 5(2) is amended as follows:
              (a) in paragraph (a) by deleting ", a specific issues order";
              (b) in paragraph (d) by deleting "registered" and inserting
                     instead --
20                   " , whether registered or not ";
              (c) in paragraph (e) by deleting "recognisance" and
                     inserting instead --
                     " bond ";
              (d) after each of paragraphs (a) to (c) by inserting --
25                   " or ".




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                     Consequential amendments to other Acts            Part 6

                       Restraining Orders Act 1997 amended         Division 3

                                                                       s. 208




    208.   Section 62 amended
           Section 62(1)(a) is amended by deleting "primary dispute
           resolution method, as defined in section 47 of " and inserting
           instead --
5          " process of family dispute resolution, as defined in ".




 


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