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.]