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FAMILY COURT ACT 1997 - SECT 162A

FAMILY COURT ACT 1997 - SECT 162A

162A .         Where interested person makes allegation of family violence — FLA s. 67ZBA

        (1)         In this section —

        interested person , in proceedings for an order under this Part in relation to a child, means —

            (a)         a party to the proceedings; or

            (b)         an independent children’s lawyer who represents the interests of the 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.

        (2)         This section applies if an interested person in proceedings for an order under this Part in relation to a child alleges, as a consideration that is relevant to whether the court should make or refuse to make the order, that —

            (a)         there has been family violence by one of the parties to the proceedings; or

            (b)         there is a risk of family violence by one of the parties to the proceedings.

        (3)         The interested person must file a notice in the prescribed form in the court hearing the proceedings, and serve a true copy of the notice upon the party referred to in subsection (2)(a) or (b).

        (4)         If the alleged family violence (or risk of family violence) is abuse of a child (or a risk of abuse of a child) —

            (a)         the interested person making the allegation must either file and serve a notice under subsection (3) or under section 159(1) (but does not have to file and serve a notice under both those provisions); and

            (b)         if the notice is filed under subsection (3), the registrar must deal with the notice as if it had been filed under section 159(1).

        [Section 162A inserted: No. 13 of 2013 s. 18.]