FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 46 Meaning of "reasonable excuse for contravening an order"

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 46

46. Section 112AC of the Principal Act is amended:

   (a)  by omitting from subsection (1) "and (3)" and substituting ", (3), (4)
        and (5)";

   (b)  by omitting subsection (3) and substituting the following subsections:

"(3) A person (the 'respondent') is taken to have had a reasonable excuse for
contravening a residence order in a way that resulted in a 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 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 person in whose favour the order was made was not
        longer than was necessary to protect the health or safety of that
        person.

"(4) A person (the 'respondent') is taken to have had a reasonable excuse for
contravening a contact order in a way that resulted in a person and a child
being deprived of contact they were supposed to have under the order if:

   (a)  the respondent believed on reasonable grounds that the deprivation of
        contact was necessary to protect the health or safety of a person
        (including the respondent or the child); and

   (b)  the deprivation of contact was not for longer than was necessary to
        protect the health or safety of the person referred to in paragraph
        (a).

"(5) A person (the 'respondent') is taken to have had a reasonable excuse for
contravening a specific issues order by acting contrary to section 65P if:

   (a)  the respondent believed on reasonable grounds that the action
        constituting the contravention was necessary to protect the health or
        safety of 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 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).".