Australian Capital Territory Consolidated Acts

COURT PROCEDURES ACT 2004 - SECT 71

    (1)     A parent of a child or young person who is the subject of a proceeding in a court must attend the court throughout the proceeding if—

        (a)     notice of the proceeding has been given to the parent; or

        (b)     the parent otherwise knows of the proceeding.

    (2)     Notice of a proceeding given to a parent must state—

        (a)     when and where the hearing of the proceeding will begin; and

        (b)     that a warrant may be issued to bring the parent before the court if the parent does not attend throughout the proceeding.

    (3)     The court may issue a warrant to bring a parent of a child or young person before the court if—

        (a)     notice of the proceeding has been given to a parent of the child or young person; but

        (b)     neither parent attends the court at the beginning of, or at any time during, the proceeding.

    (4)     This section applies to a parent who lives in or outside the ACT.

    (5)     However, this section does not apply to a parent if—

        (a)     daily care responsibility or long-term care responsibility for the child or young person has been transferred to someone else; or

        (b)     for a criminal proceeding—the parent was a victim of an offence to which the proceeding relates and the court excludes the parent under section 72 (2); or

        (c)     exceptional circumstances prevent the parent from attending.

Examples—par (c)

1     the parent is overseas and unable to return

2     the parent is serving a sentence of imprisonment by full-time detention

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (6)     Also, this section does not apply to a proceeding under the care and protection chapters of the Children and Young People Act 2008 .

    (7)     In this section:

"daily care responsibility"—see the Children and Young People Act 2008 , section 19.

"long-term care responsibility"—see the Children and Young People Act 2008 , section 20.

"victim", of an offence—see the Crimes (Sentencing) Act 2005 , section 47.