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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Parental Support and Responsibility Bill 2005
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used in this Act 2
4. Relationship of this Act to the performance of other
functions 4
Part 2 -- Objects and principles
5. Objects 5
6. Principle that best interests of child paramount 5
7. Principle of cooperation between government
agencies 5
8. Principle of cultural and religious sensitivity 6
9. Principle of shared responsibility 6
Part 3 -- Information sharing
10. Information sharing 7
Part 4 -- Responsible parenting
agreements
11. Responsible parenting agreements 9
12. No liability for failing to comply with responsible
parenting agreements 10
Part 5 -- Responsible parenting orders
Division 1 -- Orders
13. Application for a responsible parenting order 11
14. Court may make responsible parenting orders 11
041--2C page i
Parental Support and Responsibility Bill 2005
Contents
15. Court may make interim responsible parenting orders 12
16. No order principle 13
17. Assistance government agencies will provide 13
18. Grounds for making a responsible parenting order 14
19. Matters the Court must be satisfied of and take into
account before making a responsible parenting order 15
20. Duration of responsible parenting orders 17
21. Complying with responsible parenting orders 17
Division 2 -- Review and appeal
22. Terms used in Division 18
23. Variation or revocation of orders 18
24. Review by President of certain decisions 19
25. Appeals 19
Division 3 -- Procedural matters
26. Proceedings for or in respect of an order 20
27. Parties to proceedings 20
28. General conduct of proceedings for or in respect of an
order 20
29. Persons other than parties who may be heard 21
30. Legal representation of child 21
31. Presence of child in Court 22
32. Court not bound by rules of evidence 22
33. Evidence of children 23
34. No awards for costs 23
Part 6 -- Miscellaneous
35. Authorised officers 24
36. Modified operation of the Fines, Penalties and
Infringement Notices Enforcement Act 1994 24
37. Confidentiality of information 25
38. Restriction on publication of certain information or
material 26
39. Evaluation of operations under the Act 27
40. Annual review of operations under the Act 28
41. Review of Act 29
42. Regulations 29
page ii
Parental Support and Responsibility Bill 2005
Contents
Part 7 -- Consequential amendments
Division 1 -- Amendment of the Children's Court
of Western Australia Act 1988
43. Children's Court of Western Australia Act 1988
amended 30
Division 2 -- Amendment of the Young Offenders
Act 1994
44. Young Offenders Act 1994 amended 32
Defined Terms
page iii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Parental Support and Responsibility Bill 2005
A Bill for
An Act to provide for responsible parenting agreements and
responsible parenting orders, to make consequential amendments to
the Children's Court of Western Australia Act 1988 and the Young
Offenders Act 1994, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Parental Support and Responsibility Bill 2005
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Parental Support and Responsibility Act 2005.
2. Commencement
5 (1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
3. Terms used in this Act
In this Act, unless the contrary intention appears --
10 "authorised officer" means an officer designated as an
authorised officer under section 35 for the purposes of the
provision in which the term is used;
"CEO (Child Protection)" means the chief executive officer of
the department principally assisting in the administration of
15 the Children and Community Services Act 2004;
"CEO (Education)" means the chief executive officer of the
department principally assisting in the administration of the
School Education Act 1999;
"CEO (Corrective Services)" means the chief executive
20 officer of the department principally assisting in the
administration of the Young Offenders Act 1994;
"child" means a person who is under 15 years of age;
"Court" means the Children's Court;
"department" means a department of the Public Service;
25 "government agency" means --
(a) a department;
(b) a State agency or instrumentality; or
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Parental Support and Responsibility Bill 2005
Preliminary Part 1
s. 3
(c) a body (whether incorporated or not) or the holder of
an office, post or position, established or continued
by or under a written law for a public purpose;
"income support" means financial assistance provided under a
5 law of the State or the Commonwealth;
"information sharing agency" means --
(a) the department principally assisting in the
administration of this Act;
(b) the department principally assisting in the
10 administration of the Children and Community
Services Act 2004;
(c) the Disability Services Commission continued under
section 6 of the Disability Services Act 1993;
(d) the department principally assisting in the
15 administration of the Health Act 1911;
(e) the department principally assisting in the
administration of the Housing Act 1980;
(f) The State Housing Commission continued by
section 6 of the Housing Act 1980;
20 (g) the department principally assisting in the
administration of the Police Act 1892;
(h) the department principally assisting in the
administration of the School Education Act 1999;
(i) the department principally assisting in the
25 administration of the Young Offenders Act 1994;
(j) the Police Force;
(k) a government agency prescribed in the regulations for
the purposes of this definition;
"interim responsible parenting order" means an interim
30 responsible parenting order made under section 15;
"officer", in relation to an information sharing agency,
means --
(a) an officer or employee in or of the agency; or
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Parental Support and Responsibility Bill 2005
Part 1 Preliminary
s. 4
(b) if the agency is the Police Force -- a member of the
Police Force;
"parent", in relation to a child, means a person who at law has
responsibility for --
5 (a) the long-term care, welfare and development of the
child; or
(b) the day-to-day care, welfare and development of the
child;
"relevant information" means information relevant to the
10 purposes of this Act;
"responsible parenting agreement" means an agreement
described in section 11;
"responsible parenting order" means an order made under
section 14;
15 "school" has the meaning given to that term in section 4 of the
School Education Act 1999.
4. Relationship of this Act to the performance of other
functions
Nothing in this Act is to be taken to limit any functions of a
20 person, government agency or court that may be performed
apart from this Act.
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Parental Support and Responsibility Bill 2005
Objects and principles Part 2
s. 5
Part 2 -- Objects and principles
5. Objects
(1) The objects of this Act are --
(a) to acknowledge and support the primary role of parents
5 in safeguarding and promoting the wellbeing of
children; and
(b) to support and reinforce the role and responsibility of
parents to exercise appropriate control over the
behaviour of their children.
10 (2) For the purposes of this section, "responsibility" includes but is
not limited to all the duties, powers, responsibilities and
authority which, by law, parents have in relation to children.
6. Principle that best interests of child paramount
In performing a function or exercising a power under this Act in
15 relation to a child, a person or a court must regard the best
interests of the child as the paramount consideration.
7. Principle of cooperation between government agencies
In sharing information, and in providing assistance to parents
and children, government agencies must work together
20 cooperatively and effectively so as to give parents the best
chance of --
(a) safeguarding and promoting the wellbeing of their
children;
(b) exercising appropriate control over the behaviour of
25 their children; and
(c) complying with any responsible parenting agreement
they may enter into or any responsible parenting order
directed towards them.
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Parental Support and Responsibility Bill 2005
Part 2 Objects and principles
s. 8
8. Principle of cultural and religious sensitivity
In performing a function or exercising a power under this Act in
relation to a family, a person or a court must endeavour to do so
in a way that is culturally and religiously appropriate for the
5 family.
9. Principle of shared responsibility
In performing a function or exercising a power under this Act in
relation to a child, a person or a court must have regard to the
shared responsibility that parents, family and the community
10 have for the wellbeing of the child.
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Parental Support and Responsibility Bill 2005
Information sharing Part 3
s. 10
Part 3 -- Information sharing
10. Information sharing
(1) An officer of an information sharing agency may, in accordance
with the guidelines, disclose relevant information to --
5 (a) another officer of the agency; or
(b) an officer of another information sharing agency; or
(c) a prescribed agency of the Commonwealth.
(2) An authorised officer may, in accordance with the guidelines,
request a government agency or a service agency which or who
10 holds relevant information to disclose the information to the
authorised officer.
(3) Information may be disclosed under subsection (1), or in
compliance with a request under subsection (2), despite any law
of the State relating to secrecy or confidentiality.
15 (4) If information is disclosed, in good faith, under subsection (1)
or in compliance with a request under subsection (2) --
(a) no civil or criminal liability is incurred in respect of the
disclosure;
(b) the disclosure is not to be regarded as a breach of any
20 duty of confidentiality or secrecy imposed by law; and
(c) the disclosure is not to be regarded as a breach of
professional ethics or standards or as unprofessional
conduct.
(5) The chief executive officer of the department principally
25 assisting in the administration of this Act must issue guidelines
as to the disclosure of information under subsection (1) and the
requesting of information under subsection (2).
(6) The Interpretation Act 1984 sections 41, 42, 43 and 44 apply to
the guidelines as if the guidelines were regulations.
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Parental Support and Responsibility Bill 2005
Part 3 Information sharing
s. 10
(7) Without limiting section 42, the regulations may include
provisions about --
(a) receiving and storing information disclosed for the
purposes of this Act; and
5 (b) restricting access to such information.
(8) In this section --
"guidelines" means guidelines issued under subsection (5);
"service agency" means a person or body that has provided
counselling or courses to a parent under a responsible
10 parenting agreement or responsible parenting order.
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Parental Support and Responsibility Bill 2005
Responsible parenting agreements Part 4
s. 11
Part 4 -- Responsible parenting agreements
11. Responsible parenting agreements
(1) An authorised officer may enter into a responsible parenting
agreement with a parent in respect of a child of the parent.
5 (2) A responsible parenting agreement is an agreement about one or
more of the following --
(a) the parent attending parenting guidance counselling, a
parenting support group or any other relevant personal
development course or group;
10 (b) the parent ensuring or taking all reasonable steps to
ensure that the child attends school;
(c) the parent ensuring or taking all reasonable steps to
ensure that the child avoids contact with a particular
person or particular persons;
15 (d) the parent ensuring or taking all reasonable steps to
ensure that the child avoids a particular place or
particular places;
(e) other matters relating to the effective parenting of the
child;
20 (f) the assistance to be given to the parent or child by a
government agency to help the parent to comply with
the agreement.
(3) The parents of a child may together enter into a responsible
parenting agreement in respect of the child and a responsible
25 parenting agreement may be in respect of more than one child of
the parent or parents.
(4) A responsible parenting agreement must --
(a) be in writing;
(b) specify the period covered by it; and
30 (c) be signed by the parent or parents and the authorised
officer.
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Parental Support and Responsibility Bill 2005
Part 4 Responsible parenting agreements
s. 12
(5) A responsible parenting agreement does not create obligations
that are enforceable.
12. No liability for failing to comply with responsible parenting
agreements
5 (1) An action in tort does not lie against the State, a Minister, a
government agency or an official for any failure of a person to
comply with a responsible parenting agreement.
(2) In this section --
"Minister" means a Minister of State for the State;
10 "official" means an officer or employee in or of a government
agency.
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Parental Support and Responsibility Bill 2005
Responsible parenting orders Part 5
Orders Division 1
s. 13
Part 5 -- Responsible parenting orders
Division 1 -- Orders
13. Application for a responsible parenting order
(1) An application for a responsible parenting order may be made
5 by the CEO (Child Protection), the CEO (Education) or the
CEO (Corrective Services) but no other person.
(2) When an application is lodged, the Court must fix the day, time
and place for the Court to first deal with the application.
(3) As soon as practicable after lodging an application, the
10 applicant must give a copy of it to --
(a) the parent to whom the order will be directed; and
(b) any other person considered by the applicant to have a
direct and significant interest in the wellbeing of the
child.
15 (4) Each copy of an application given under subsection (3) must be
accompanied by notice of the first listing date.
14. Court may make responsible parenting orders
(1) The Court may, on application, make a responsible parenting
order directed towards a parent in respect of a child of the
20 parent.
(2) A responsible parenting order is an order that requires the parent
to do one or more of the following --
(a) attend parenting guidance counselling, a parenting
support group, or any other relevant personal
25 development course or group;
(b) take all reasonable steps to ensure that the child attends
school;
(c) take all reasonable steps to ensure that the child avoids
contact with a specified person or specified persons;
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Parental Support and Responsibility Bill 2005
Part 5 Responsible parenting orders
Division 1 Orders
s. 15
(d) take all reasonable steps to ensure that the child avoids a
specified place or specified places;
(e) comply with any other requirements set out in the order
relating to the effective parenting of the child.
5 (3) A parent may be required under subsection (2)(a) to attend
residential counselling or a residential course if the Court is
satisfied that residential counselling or a residential course is
likely to be more effective than non-residential counselling or a
non-residential course and that any disruption to the family of
10 the child is justifiable in the circumstances.
(4) The Court may make the order sought in the application for the
order or make a different order.
(5) The Court cannot make an order after the fifth anniversary of
the day on which this section came into operation and an order
15 in force on or after that anniversary ceases to have effect at the
end of the 6 months immediately following that anniversary, if
it does not otherwise cease before that time.
15. Court may make interim responsible parenting orders
(1) The Court may, on application, in the course of proceedings for
20 a responsible parenting order make an interim responsible
parenting order.
(2) An interim responsible parenting order is an order that requires
the parent to do one or more of the following --
(a) take all reasonable steps to ensure that the child attends
25 school;
(b) take all reasonable steps to ensure that the child avoids
contact with a specified person or specified persons;
(c) take all reasonable steps to ensure that the child avoids a
specified place or specified places.
30 (3) The Court must not make an interim responsible parenting order
unless satisfied that the parent has received notice of the
application for the interim order.
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Parental Support and Responsibility Bill 2005
Responsible parenting orders Part 5
Orders Division 1
s. 16
(4) An interim responsible parenting order --
(a) commences on the day on which it is served on the
parent and, subject to subsection (5), remains in force
for the period specified in it;
5 (b) may, with the leave of the Court, be made in the absence
of the parent or without hearing the parent; and
(c) may be revoked, on application by a party to the
proceedings or on the Court's own initiative.
(5) An interim responsible parenting order ceases to be in force
10 before the end of the period specified in it if, during that
period --
(a) the child reaches 15 years of age;
(b) the child becomes the subject of a protection order under
the Children and Community Services Act 2004; or
15 (c) the order is revoked.
(6) The Court may make the interim responsible parenting order
sought in the application for the order or make a different order.
16. No order principle
The Court must not make a responsible parenting order or an
20 interim responsible parenting order in respect of a child unless
satisfied that making the order would be better for the child than
making no order at all.
17. Assistance government agencies will provide
(1) An application for a responsible parenting order or an interim
25 responsible parenting order must be accompanied by a
statement setting out --
(a) whether the necessary facilities, counselling, groups or
courses will be available for the parent to comply with
the order; and
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Parental Support and Responsibility Bill 2005
Part 5 Responsible parenting orders
Division 1 Orders
s. 18
(b) what assistance the relevant government agency or
agencies will provide to assist the parent to comply with
the order.
(2) If the Court makes a responsible parenting order or an interim
5 responsible parenting order, the CEO must give a copy of the
statement to the parent, amended as necessary if the matters set
out in the original statement change during the course of the
proceedings for the order.
18. Grounds for making a responsible parenting order
10 The Court must not make a responsible parenting order unless
satisfied that --
(a) the child has been found guilty of an offence;
(b) a matter, in respect of an offence allegedly committed
by the child, has been referred to a juvenile justice team
15 under the Young Offenders Act 1994;
(c) the child is engaging in, or has engaged in, behaviour
likely --
(i) to cause harm to the child or any other person;
(ii) to harass or intimidate other persons (other than
20 those of the child's household); or
(iii) to cause damage to property,
and that behaviour is part of a pattern of behaviour or is,
of itself, of a kind that is sufficiently serious to justify
the Court making an order;
25 (d) a School Attendance Panel has recommended, under
section 40 of the School Education Act 1999, that an
application for a responsible parenting order be made in
respect of the child; or
(e) a School Discipline Advisory Panel or a Disability
30 Advisory Panel has recommended, under section 92(3)
of the School Education Act 1999, that an application for
a responsible parenting order be made in respect of the
child.
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Parental Support and Responsibility Bill 2005
Responsible parenting orders Part 5
Orders Division 1
s. 19
19. Matters the Court must be satisfied of and take into account
before making a responsible parenting order
(1) The Court must not make a responsible parenting order unless
satisfied that --
5 (a) making the order is in the best interests of the child;
(b) the parent has refused to enter into a responsible
parenting agreement in respect of the child or the parent
has not made a reasonable attempt to comply with a
responsible parenting agreement in respect of the child;
10 (c) no protection order under the Children and Community
Services Act 2004 is in force in respect of the child;
(d) no protection proceedings under the Children and
Community Services Act 2004 are pending in respect of
the child;
15 (e) the parent understands --
(i) the effect of the proposed order and the
requirements under it;
(ii) the consequences that may follow if the parent
does not comply with the order; and
20 (iii) that the Court may vary or revoke the order on
the application of a party to the proceedings in
which the order was made;
and
(f) making the order is desirable in the interests of --
25 (i) preventing the child repeating the behaviour that
gave rise to the application for the order;
(ii) preventing the child committing an offence; or
(iii) ensuring the child attends school.
(2) In deciding whether to make a responsible parenting order and
30 the content of it, the Court must take into account --
(a) the circumstances of the child's family and the likely
effect on those circumstances of making the proposed
order;
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Parental Support and Responsibility Bill 2005
Part 5 Responsible parenting orders
Division 1 Orders
s. 19
(b) if relevant -- the income of the child's family, the
extent to which that income is derived from income
support and any restrictions on the use, or reduction or
suspension, of that income under a law of the State or
5 the Commonwealth;
(c) whether or not the behaviour of the child that gave rise
to the application for the order is the result of a
disability or a mental, medical or psychological
condition of the child or of a parent of the child;
10 (d) the extent to which the parent has made efforts to
manage the behaviour of the child;
(e) whether or not the parent has unreasonably refused to
enter into a responsible parenting agreement in respect
of the child;
15 (f) the extent to which the parent has attempted to comply
with a responsible parenting agreement in respect of the
child;
(g) whether or not the relevant government agency has or
agencies have made reasonable efforts to assist and
20 encourage the parent --
(i) to manage the behaviour of the child; and
(ii) to improve his or her parenting skills;
(h) the extent to which the relevant government agency has
or agencies have given the assistance provided for in
25 any relevant responsible parenting agreement;
(i) whether the necessary facilities, counselling, groups or
courses will be available for the parent to comply with
the order; and
(j) what assistance the relevant government agency or
30 agencies will provide to assist the parent to comply with
the order.
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Parental Support and Responsibility Bill 2005
Responsible parenting orders Part 5
Orders Division 1
s. 20
20. Duration of responsible parenting orders
(1) A responsible parenting order comes into operation on the day
on which it is served upon the parent and remains in force for
the period specified in it, which period must not extend beyond
5 12 months after the day on which the order was made.
(2) The order ceases to be in force if, during the period specified
in it --
(a) the child reaches 15 years of age;
(b) the child becomes the subject of a protection order under
10 the Children and Community Services Act 2004; or
(c) the order is revoked.
21. Complying with responsible parenting orders
(1) If a parent to whom a responsible parenting order or an interim
responsible parenting order is directed fails to make reasonable
15 efforts to comply with the order the parent commits an offence.
Penalty: $200.
(2) A prosecution for an offence under subsection (1) cannot be
commenced without the approval of the CEO who applied for
the order.
20 (3) The CEO cannot give approval under subsection (2) unless the
CEO --
(a) is satisfied that all reasonable efforts to assist and
encourage the parent to comply with the order have
failed; and
25 (b) has taken into account the income of the child's family,
the extent to which that income is derived from income
support and any restrictions on the use, or reduction or
suspension, of that income under a law of the State or
the Commonwealth.
30 (4) The CEO cannot give approval under subsection (2) more than
6 months after the expiry of the order.
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Parental Support and Responsibility Bill 2005
Part 5 Responsible parenting orders
Division 2 Review and appeal
s. 22
(5) When sentencing a person who has been convicted of an
offence under subsection (1) the Court may, if the order is still
in force --
(a) confirm the order;
5 (b) vary the order; or
(c) revoke the order.
(6) The Court is to hear and determine charges alleging an offence
under section 131(1) of the Sentencing Act 1995 constituted by
the breach of a conditional release order or a community based
10 order imposed by the Court when sentencing a person who has
been convicted of an offence under subsection (1) of this
section.
Division 2 -- Review and appeal
22. Terms used in Division
15 In this Division --
"decision" means a decision --
(a) to make or refuse to make a responsible parenting
order;
(b) to confirm or revoke a responsible parenting order; or
20 (c) to vary a responsible parenting order;
"Judge" has the meaning given to that term in section 3(1) of
the Children's Court of Western Australia Act 1988;
"party to the initial proceedings", in relation to a responsible
parenting order, means a person who was a party to the
25 proceedings in which the order was made.
23. Variation or revocation of orders
(1) A party to the initial proceedings for a responsible parenting
order may apply to the Court for the order to be varied or
revoked.
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Parental Support and Responsibility Bill 2005
Responsible parenting orders Part 5
Review and appeal Division 2
s. 24
(2) The Court may --
(a) confirm the order;
(b) vary the order in accordance with the application or vary
the order in another way; or
5 (c) revoke the order,
if the Court is satisfied that there are sufficient grounds for
doing so and that it is in the best interests of the child to do so.
(3) Without limiting subsection (2), sufficient grounds include the
ground that complying with the order would be unreasonable or
10 not in the best interests of the child, whether or not the
circumstances of the parent or child have changed.
24. Review by President of certain decisions
(1) Where the Court, when constituted so as not to consist of or
include a Judge, makes a decision, the Court when constituted
15 by the President may, on application or on its own initiative,
reconsider the decision and confirm, vary or revoke the decision
or revoke the decision and substitute another decision.
(2) An application under subsection (1) --
(a) may be made by a party to the initial proceedings for the
20 responsible parenting order; but
(b) cannot be made later than 21 days after the date of the
decision unless the President orders otherwise.
25. Appeals
(1) Where the Court, when constituted by or so as to include a
25 Judge, makes a decision, an appeal may be made to the Court of
Appeal against the decision.
(2) An appeal under subsection (1) may be made by a party to the
initial proceedings for the responsible parenting order.
(3) An appeal under subsection (1) must be commenced and
30 conducted in accordance with the rules of court.
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Parental Support and Responsibility Bill 2005
Part 5 Responsible parenting orders
Division 3 Procedural matters
s. 26
(4) An appeal under subsection (1) cannot be commenced later than
21 days after the date of the decision unless the Court of Appeal
orders otherwise.
(5) The leave of the Court of Appeal is required for each ground of
5 appeal in an appeal under subsection (1).
(6) In an appeal under subsection (1), the Court of Appeal --
(a) may confirm, vary or set aside the Judge's decision;
(b) may make any decision that the Judge could have made;
and
10 (c) if it sets aside the Judge's decision, may order the matter
concerned be dealt with again.
Division 3 -- Procedural matters
26. Proceedings for or in respect of an order
In this Division --
15 "proceedings for or in respect of an order" means
proceedings for the making of an order under section 14
or 15, the variation or revocation of an order under
section 15 or 23 or the reconsideration of an order under
section 24.
20 27. Parties to proceedings
In proceedings for an order the parent to whom the order is to be
directed and the CEO making the application are parties to the
proceedings.
28. General conduct of proceedings for or in respect of an order
25 (1) Proceedings for or in respect of an order are to be conducted
with as little formality and legal technicality as the
circumstances of the case permit.
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Parental Support and Responsibility Bill 2005
Responsible parenting orders Part 5
Procedural matters Division 3
s. 29
(2) Without limiting subsection (1), if the child is present in Court,
the proceedings are to be conducted in a way that is sensitive to
the child's level of understanding.
(3) The proceedings are to be concluded as expeditiously as
5 possible in order to minimise the effect of the proceedings on
the child and the child's family.
29. Persons other than parties who may be heard
(1) The Court may, on application or on its own initiative, receive
as evidence a report setting out the child's responses to
10 questions put to the child on behalf of the Court by a person
appointed by the Court for that purpose.
(2) The Court may, on application or on its own initiative, hear the
child in person if satisfied as to the matters set out in
section 33(2).
15 (3) The Court may, on application or on its own initiative, hear any
other person considered by the Court to have a direct and
significant interest in the wellbeing of the child.
30. Legal representation of child
(1) If, in proceedings for or in respect of an order, it appears to the
20 Court that it would be in the interests of the child to be
separately represented by a lawyer, the Court may, on
application or on its own initiative, order that the child be
separately represented by a lawyer.
(2) The lawyer must act on the instructions of the child if the
25 child --
(a) has sufficient maturity and understanding to give
instructions; and
(b) wishes to give instructions,
and in any other case must act in the best interests of the child.
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Parental Support and Responsibility Bill 2005
Part 5 Responsible parenting orders
Division 3 Procedural matters
s. 31
(3) Any question as to whether a child has sufficient maturity and
understanding to give instructions is to be determined by the
Court.
(4) In this section --
5 "lawyer" means a legal practitioner as defined in section 3 of
the Legal Practice Act 2003.
31. Presence of child in Court
(1) In proceedings for or in respect of an order the child may be
present in Court if the child so wishes.
10 (2) Subsection (1) is subject to any order made in respect of the
child under section 31 of the Children's Court of Western
Australia Act 1988.
(3) The CEO who applied for the order must ensure that the
child --
15 (a) is made aware of the child's right to be present in Court
under subsection (1); and
(b) is provided with any support services that the CEO
considers appropriate to enable the child to be present in
Court and participate in the proceedings.
20 32. Court not bound by rules of evidence
(1) In proceedings for or in respect of an order the Court is not
bound by the rules of evidence, but may inform itself on any
matter in any manner it considers appropriate.
(2) Without limiting subsection (1), evidence of a representation
25 about a matter that is relevant to the proceedings is admissible
despite the rule against hearsay.
(3) The Court may give such weight as it thinks fit to evidence
admitted under subsection (2).
page 22
Parental Support and Responsibility Bill 2005
Responsible parenting orders Part 5
Procedural matters Division 3
s. 33
(4) In this section --
"representation" includes an express or implied representation,
whether oral or in writing, and a representation inferred
from conduct.
5 33. Evidence of children
(1) In proceedings for or in respect of an order a child may only be
compelled to give evidence or be cross-examined with the leave
of the Court, which may be withdrawn at any time.
(2) The Court must not grant leave unless the Court is satisfied that
10 the child is unlikely --
(a) to suffer emotional trauma as a result of giving evidence
or being cross-examined; or
(b) to be so intimidated or distressed as to be unable --
(i) to give evidence or be cross-examined; or
15 (ii) to give evidence or be cross-examined
satisfactorily.
34. No awards for costs
The Court cannot make an order for the payment of any costs of
proceedings for or in respect of an order.
page 23
Parental Support and Responsibility Bill 2005
Part 6 Miscellaneous
s. 35
Part 6 -- Miscellaneous
35. Authorised officers
The CEO (Child Protection), the CEO (Education), the
CEO (Corrective Services) or the chief executive officer of the
5 department principally assisting in the administration of this Act
may designate a public service officer of his or her department
as an authorised officer for the purposes of the provision or
provisions of this Act specified in the designation.
36. Modified operation of the Fines, Penalties and Infringement
10 Notices Enforcement Act 1994
(1) The Fines, Penalties and Infringement Notices Enforcement
Act 1994 applies, as modified by this section, to and in relation
to a fine imposed on a person for an offence against
section 21(1).
15 (2) A notice of intention to suspend licences under section 42 of the
Fines, Penalties and Infringement Notices Enforcement
Act 1994 cannot be issued to the person.
(3) A licence suspension order under section 43 of the Fines,
Penalties and Infringement Notices Enforcement Act 1994
20 cannot be made in respect of the person.
(4) A warrant of execution under section 45 of the Fines, Penalties
and Infringement Notices Enforcement Act 1994 cannot be
issued in respect of the person.
(5) Section 47A of the Fines, Penalties and Infringement Notices
25 Enforcement Act 1994 applies as if all of subsection (1) from
and including "if the Registrar is satisfied" were deleted.
(6) A warrant of commitment under section 53 of the Fines,
Penalties and Infringement Notices Enforcement Act 1994
cannot be issued in respect of the person.
page 24
Parental Support and Responsibility Bill 2005
Miscellaneous Part 6
s. 37
37. Confidentiality of information
(1) A person who is or has been engaged in the performance of
functions under this Act must not, directly or indirectly, record,
disclose or make use of information obtained in the course of
5 duty, except --
(a) for the purpose of, or in connection with, performing
functions under this Act;
(b) for the purpose of the investigation of any suspected
offence under this Act or the conduct of proceedings
10 against any person for an offence under this Act;
(c) for the purposes of proceedings for or in respect of an
order (as defined in section 26);
(d) as required or allowed under this Act or another written
law;
15 (e) with the written consent of the Minister or the person to
whom the information relates; or
(f) in prescribed circumstances.
Penalty: $12 000 and imprisonment for one year.
(2) Subsection (1) is not to be taken to prevent the disclosure of
20 statistical or other information that could not reasonably be
expected to lead to the identification of any person to whom it
relates.
(3) If information is lawfully disclosed under this section, this
section does not prevent the further disclosure of the
25 information, or the recording or use of the information, for the
purpose for which the disclosure was made.
page 25
Parental Support and Responsibility Bill 2005
Part 6 Miscellaneous
s. 38
38. Restriction on publication of certain information or material
(1) A person must not, except in accordance with a written
authorisation given under this section, publish information or
material that identifies, or is likely to lead to the identification
5 of, another person (the "identified person") as --
(a) a person who is or was a parent who entered into a
responsible parenting agreement;
(b) a person who is or was a child in respect of whom a
responsible parenting agreement was entered into;
10 (c) a person who is or was a parent to whom a responsible
parenting order is or was directed or in respect of whom
an application for such an order has been made;
(d) a person who is or was a child in respect of whom a
responsible parenting order was made or an application
15 for such an order has been made; or
(e) a person who the parent of a child is to ensure, or take
all reasonable steps to ensure, the child avoids
contacting, under a responsible parenting agreement,
interim responsible parenting order or responsible
20 parenting order.
Penalty: $12 000 and imprisonment for one year.
(2) If the identified person is under 18 years of age, written
authorisation for the publication of information or material to
which subsection (1) applies may be given by both the CEO and
25 a parent of the identified person.
(3) If the identified person has reached 18 years of age, written
authorisation for the publication of information or material to
which subsection (1) applies may be given --
(a) by the identified person; or
30 (b) if the identified person is dead or cannot be found after
reasonable inquiries, by the CEO.
page 26
Parental Support and Responsibility Bill 2005
Miscellaneous Part 6
s. 39
(4) Subsection (1) does not apply to information or material
contained in a report of proceedings to which section 35(1) of
the Children's Court of Western Australia Act 1988 applies.
(5) In this section --
5 "CEO" means the CEO of the department of which the
authorised officer who entered into the agreement is a
public service officer;
"publish" means to bring to the notice of the public or a section
of the public by means of newspaper, television, radio, the
10 internet or any other form of communication.
39. Evaluation of operations under the Act
(1) The CEO may appoint a person or body to evaluate the
operations carried out under this Act and to report to the CEO
on them as often as is required by the CEO.
15 (2) The CEO must give a copy of each report to the Minister and
may publish each report (to the extent to which it does not
reveal the identity of the individuals to whom it relates).
(3) For the purposes of this section, an authorised officer, or an
officer of an information sharing agency who is authorised
20 under subsection (4), may, in accordance with the guidelines,
disclose relevant information to a person or body appointed
under subsection (1) other than information in a form that would
reveal the identity of the individuals to whom it relates.
(4) An officer of an information sharing agency may be authorised
25 for the purposes of this section by the chief executive officer or
chief employee of the officer's information sharing agency.
(5) If information is disclosed in good faith under subsection (3) --
(a) no civil or criminal liability is incurred in respect of the
disclosure;
30 (b) the disclosure is not to be regarded as a breach of any
duty of confidentiality or secrecy imposed by law; and
page 27
Parental Support and Responsibility Bill 2005
Part 6 Miscellaneous
s. 40
(c) the disclosure is not to be regarded as a breach of
professional ethics or standards or as unprofessional
conduct.
(6) The CEO must issue guidelines as to the disclosure of
5 information under subsection (3).
(7) In this section --
"CEO" means the chief executive officer of the department
principally assisting in the administration of this Act;
"chief employee" has the meaning given to that term in
10 section 3(1) of the Public Sector Management Act 1994;
"guidelines" means guidelines issued under subsection (6).
40. Annual review of operations under the Act
(1) The annual report on the Department prepared under the
Financial Administration and Audit Act 1985 is to include a
15 report on the operations carried out under this Act during the
financial year to which the annual report relates.
(2) Without limiting the Financial Administration and Audit
Act 1985, the report must --
(a) cover all of the operations carried out under this Act,
20 whether or not carried out by an officer of the
Department; and
(b) include an assessment of the extent to which the
operations have met the objects of this Act and complied
with the principles set out in it.
25 (3) The report is to be reviewed by a person or body appointed by
the Minister for the purposes of this subsection (being a person
who or body which is not connected with the administration of
this Act) and the person's or body's findings and
recommendations (if any) are to be included in the annual
30 report.
page 28
Parental Support and Responsibility Bill 2005
Miscellaneous Part 6
s. 41
(4) In this section --
"Department" means the department principally assisting in
the administration of this Act.
41. Review of Act
5 (1) The Minister is to carry out a review of the operation and
effectiveness of this Act as soon as is practicable after --
(a) the fifth anniversary of its commencement; and
(b) the expiry of each 5 yearly interval after that
anniversary.
10 (2) The Minister is to prepare a report based on the review and, as
soon as is practicable after the report is prepared (and in any
event not more than 12 months after the relevant anniversary),
cause it to be laid before each House of Parliament.
42. Regulations
15 The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
page 29
Parental Support and Responsibility Bill 2005
Part 7 Consequential amendments
Division 1 Amendment of the Children's Court of Western Australia Act
1988
s. 43
Part 7 -- Consequential amendments
Division 1 -- Amendment of the Children's Court of Western
Australia Act 1988
43. Children's Court of Western Australia Act 1988 amended
5 (1) The amendments in this section are to the Children's Court of
Western Australia Act 1988*.
[* Reprint 3 as at 10 September 2004.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 63.]
10 (2) Section 20 is amended as follows:
(a) after paragraph (c) by deleting "and";
(b) after paragraph (d) by deleting the full stop and inserting
instead --
"
15 ; and
(e) under section 14 or 15 of the Parental Support
and Responsibility Act 2005.
".
(3) After section 23 the following section is inserted --
20 "
24. Criminal jurisdiction as regards adults
(1) The Court has exclusive jurisdiction to hear and
determine --
(a) a charge alleging an offence under
25 section 21(1) of the Parental Support and
Responsibility Act 2005; and
page 30
Parental Support and Responsibility Bill 2005
Consequential amendments Part 7
Amendment of the Children's Court of Western Australia Act Division 1
1988
s. 43
(b) a charge alleging an offence under
section 131(1) of the Sentencing Act 1995
constituted by the breach of a conditional
release order or a community based order
5 imposed by the Court when sentencing a person
who has been convicted of an offence under
section 21(1) of the Parental Support and
Responsibility Act 2005.
(2) This section applies if section 19 does not apply.
10 ".
(4) After section 36(1)(a) the following paragraph is inserted --
"
(ab) a responsible parenting order or an interim
responsible parenting order is made in respect
15 of a child under the Parental Support and
Responsibility Act 2005; or
".
(5) Section 40 is amended as follows:
(a) in subsection (1) by deleting "child" in both places
20 where it occurs and inserting instead --
" person ";
(b) in subsection (2)(a) by deleting "child" and inserting
instead --
" person ";
25 (c) in subsection (2)(b) by inserting before "by the CEO" --
" if the person is a child, ".
page 31
Parental Support and Responsibility Bill 2005
Part 7 Consequential amendments
Division 2 Amendment of the Young Offenders Act 1994
s. 44
Division 2 -- Amendment of the Young Offenders Act 1994
44. Young Offenders Act 1994 amended
(1) The amendment in this section is to the Young Offenders
Act 1994*.
5 [* Reprinted as at 8 December 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 511.]
(2) After section 15A(3) the following subsections are inserted --
"
10 (3a) Upon being requested to do so by an authorised officer,
the chief executive officer is to provide --
(a) the officer with information relating to a child
who is, or was, a young offender or detainee,
for the purposes of proceedings for or in respect
15 of a responsible parenting order in respect of
the child; or
(b) an appointed person or body with information
relating to a person who is, or was, a young
offender or detainee, for the purposes of
20 section 39 of that Act.
(3b) The information provided under subsection (3a)(b)
must be in a form that would not reveal the identity of
the person.
(3c) In subsection (3a) --
25 "appointed person or body" means a person or body
appointed under section 39(1) of the Parental
Support and Responsibility Act 2005;
"authorised officer" has the meaning given to that
term in section 3 of the Parental Support and
30 Responsibility Act 2005;
"child" means a person who is under 15 years of age;
page 32
Parental Support and Responsibility Bill 2005
Consequential amendments Part 7
Amendment of the Young Offenders Act 1994 Division 2
s. 44
"proceedings for or in respect of a responsible
parenting order" has the meaning given to
"proceedings for or in respect of an order" in
section 26 of the Parental Support and
5 Responsibility Act 2005.
".
page 33
Parental Support and Responsibility Bill 2005
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
appointed person or body ........................................................................... 44(2)
authorised officer ................................................................................... 3, 44(2)
CEO ................................................................................................38(5), 39(7)
CEO (Child Protection).................................................................................... 3
CEO (Corrective Services) ............................................................................... 3
CEO (Education).............................................................................................. 3
chief employee........................................................................................... 39(7)
child ...................................................................................................... 3, 44(2)
Court ............................................................................................................... 3
decision ......................................................................................................... 22
department....................................................................................................... 3
Department ................................................................................................ 40(4)
government agency .......................................................................................... 3
guidelines ........................................................................................10(8), 39(7)
income support ................................................................................................ 3
information sharing agency .............................................................................. 3
interim responsible parenting order................................................................... 3
Judge ............................................................................................................. 22
lawyer........................................................................................................ 30(4)
Minister ..................................................................................................... 12(2)
officer.............................................................................................................. 3
official ....................................................................................................... 12(2)
parent .............................................................................................................. 3
party to the initial proceedings........................................................................ 22
proceedings for or in respect of a responsible parenting order ..................... 44(2)
proceedings for or in respect of an order ......................................................... 26
publish....................................................................................................... 38(5)
relevant information......................................................................................... 3
representation ............................................................................................ 32(4)
responsible parenting agreement....................................................................... 3
responsible parenting order .............................................................................. 3
school .............................................................................................................. 3
service agency............................................................................................ 10(8)
page 34
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