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FAMILY LAW AMENDMENT ACT 2003 NO. 138, 2003 - SCHEDULE 4

- Parenting compliance regime

Family Law Act 1975

1 After section 65L

Insert:

65LA Court may order attendance at a post-separation parenting program
(1)
In proceedings for a parenting order, the court may also 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 party concerned to attend a program;
(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 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.

Note: Division 10 deals with how a court determines a child's best interests.

(3)
In this section:

"post-separation parenting program "or program means a program that:

(a) is designed (including by providing counselling services or by teaching techniques to resolve disputes) to help people to resolve problems that adversely affect the carrying out of their parenting responsibilities; and
(b) is provided by a provider; and
(c) consists of lectures, discussions (including group discussions) or other activities.

"post-separation parenting program provider "or "provider" means a provider of a program that is included in a list of providers compiled by the Attorney-General.

2 Paragraph 65T(1)(b)

Omit "section 112AD", substitute "Division 13A".

3 Section 70NB (definition of appropriate post-separation parenting program or appropriate program )

Repeal the definition.

4 Section 70NB (paragraph (c) of the definition of order under this Act affecting children )

Repeal the paragraph, substitute:

(c) an undertaking given to, and accepted by, the court:
(i) that relates to, or to the making of, an order or injunction referred to in paragraph (a) or (b) or a community service order referred to in paragraph (ea); or
(ii) that relates to a bond referred to in paragraph (f); or

5 Section 70NB (paragraph (d) of the definition of order under this Act affecting children )

Repeal the paragraph, substitute:

(d) a subpoena issued under the applicable Rules of Court:
(i) that relates to, or to the making of, an order or injunction referred to in paragraph (a) or (b) or a community service order referred to in paragraph (ea); or
(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

6 Section 70NB (after paragraph (e) of the definition of order under this Act affecting children )

Insert:

(ea) a community service order made under paragraph 70NJ(3)(a); or

7 Section 70NB (paragraph (b) of the definition of post-separation parenting program or program )

Repeal the paragraph, substitute:

(b) is provided by a provider; and

8 Section 70NB

Insert:

"post-separation parenting program provider "or "provider" means a provider of a program that is included in a list of providers compiled by the Attorney-General.

9 Section 70NB (definition of primary order )

Repeal the definition, substitute:

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

10 Paragraph 70NF(1)(a)

Omit "an order under this Act affecting children (the primary order )", substitute "a primary order".

11 Paragraph 70NF(1)(c)

Repeal the paragraph, substitute:

(c) either subsection (1A) or (1B) applies;

12 After subsection 70NF(1)

Insert:

(1A)
For the purposes of paragraph (1)(c), 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
(b) under paragraph 70NG(1)(c), adjourned proceedings in respect of a contravention by the person of the primary order.

(1B)
For the purposes of paragraph (1)(c), this subsection 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 primary order; or
(ii) under paragraph 70NG(1)(c), adjourned proceedings in respect of a contravention by the person of the primary order; 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.

13 Subsection 70NF(2)

Omit "subparagraph (1)(c)(i)", substitute "subsection (1A)".

14 Subparagraphs 70NG(1)(a)(i) and (ii)

Repeal the subparagraphs, substitute:

(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;
(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 person to attend—directing the person to attend that program or that part of that program;

15 Paragraph 70NG(1)(b)

After "contact", insert "or residence".

16 After paragraph 70NG(1)(b)

Insert:

(ba) make any other order varying the order so contravened;

17 Subsection 70NG(3)

Omit "the provider of a program for assessment, or is to attend a program, the court must cause the provider of the program", substitute "a provider for assessment, the court must cause the provider".

18 Section 70NIA

Repeal the section, substitute:

70NIA Court may make further orders in relation to attendance at program
The court may make such orders as it considers appropriate, other than the orders referred to in subsection 70NJ(3), in respect of a person, if:

(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 the person was ordered to attend; or
(c) the person was assessed as unsuitable to attend a program.

19 Paragraph 70NIB(a)

Omit "programs", substitute "program providers".

Note: The heading to section 70NIB is altered by omitting "programs" and substituting "program providers".

20 Paragraph 70NJ(1)(a)

Omit "an order under this Act affecting children (the primary order )", substitute "a primary order".

21 Paragraph 70NJ(1)(c)

Repeal the paragraph, substitute:

(c) either subsection (1A) or (1B) applies.

22 After subsection 70NJ(1)

Insert:

(1A)
For the purposes of paragraph (1)(c), this subsection applies if:

(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
(ii) under paragraph 70NG(1)(c), adjourned proceedings in respect of 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 that showed a serious disregard of his or her obligations under the primary order.

(1B)
For the purposes of paragraph (1)(c), 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 person of the primary order; or
(b) under paragraph 70NG(1)(c), adjourned proceedings in respect of a contravention by the person of the primary order.

23 After paragraph 70NJ(5)(a)

Insert:

(ab) the person who contravened the parenting order did so after having refused or failed to attend before a provider that the person was ordered to attend before;

24 Paragraph 70NJ(5)(b)

Omit "appropriate".

25 Subsection 70NK(1)

Repeal the subsection, substitute:

(1)
Subject to this section, if, under the law of a participating State or a participating Territory, a court is empowered (whether generally or in particular cases) to make a community service order in respect of a person convicted of an offence against the law of the State or Territory, a court exercising jurisdiction in the State or Territory may, under paragraph 70NJ(3)(a) make a community service order.

26 Subsection 70NO(9)

Repeal the subsection.

27 Section 70NQ

Repeal the section, substitute:

70NQ Arrangements with States and Territories for carrying out of sentences and orders
An arrangement made under section 112AN for or in relation to the carrying out of sentences imposed, or orders made, under Division 2 of Part XIIIA is taken to extend to the carrying out of sentences imposed, or orders made, under this Subdivision.


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