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FAMILY LAW ACT 1975 - SECT 60J

Family dispute resolution not attended because of child abuse or family violence

             (1)  If:

                     (a)  subsections 60I(7) to (12) apply to an application for a Part VII order (see subsections 60I(5) and (6)); and

                     (b)  subsection 60I(7) does not apply to the application because 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 has been family violence by one of the parties to the proceedings;

a court must not hear the application unless the 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.

             (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

                     (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 VII order; or

                     (b)  any order made in those proceedings;

is not affected by a failure to comply with subsection (1) in relation to those proceedings.

             (4)  If:

                     (a)  the applicant indicates in writing that the applicant has not received information about the services and options (including alternatives to court action) available in circumstances of abuse or violence; and

                     (b)  subsection (2) does not apply;

the principal executive officer of the court concerned must ensure that the applicant is referred to a family counsellor or family dispute resolution practitioner in order to obtain information about those matters.



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