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FAMILY COURT ACT 1997 - SECT 159

FAMILY COURT ACT 1997 - SECT 159

159 .         Where interested person in proceedings makes allegation of child abuse — FLA s. 67Z

        (1A)         In this section —

        interested person , in proceedings under this Act, means —

            (a)         a party to the proceedings; or

            (b)         an independent children’s lawyer who represents the interests of a child in the proceedings; or

            (c)         any other person prescribed by the regulations for the purposes of this paragraph;

        prescribed form means the form approved by the Chief Judge of the Court for the purposes of this section.

        (1)         If an interested person in proceedings under this Act alleges that a child to whom the proceedings relate has been abused or is at risk of being abused then the interested person must —

            (a)         file a notice in the prescribed form in the court hearing the proceedings; and

            (b)         serve a copy of the notice upon the person who is alleged to have abused the child or from whom the child is alleged to be at risk of abuse.

        (2)         If a notice under subsection (1) is filed in a court, the registrar of the court must, as soon as practicable, notify the CEO.

        (3)         If a registrar notifies the CEO under subsection (2) the registrar may make such disclosures of other information as the registrar reasonably believes are necessary to enable the CEO to properly manage the matter the subject of the notification.

        [Section 159 amended: No. 34 of 2004 Sch. 2 cl. 10(7); No. 13 of 2013 s. 17.]