FAMILY COURT ACT 1997 - SECT 174
FAMILY COURT ACT 1997 - SECT 174
174 . Obligations of court making an order or granting an injunction under this Act that is inconsistent with an existing family violence order — FLA s. 68P
(1) This section
applies if —
(a) a
court —
(i)
makes a parenting order that provides for a child to
spend time with a person, or expressly or impliedly requires or authorises a
person to spend time with a child; or
(ii)
makes a recovery order (as defined in section 149) or any
other order under this Act that expressly or impliedly requires or authorises
a person to spend time with a child; or
(iii)
grants an injunction under section 235 or 235A that
expressly or impliedly requires or authorises a person to spend time with a
child;
and
(b) the
order made or injunction granted is inconsistent with an existing family
violence order.
(2) The court must, to
the extent to which the order or injunction provides for the child to spend
time with a person, or expressly or impliedly requires or authorises a person
to spend time with the child —
(a)
specify in the order or injunction that it is inconsistent with an existing
family violence order; and
(b) give
a detailed explanation in the order or injunction of how the contact that it
provides for is to take place; and
(c)
explain (or arrange for someone else to explain) the order or injunction to
—
(i)
the applicant and respondent in the proceedings for the
order or injunction; and
(ii)
the person against whom the family violence order is
directed (if that person is not the applicant or respondent); and
(iii)
the person protected by the family violence order (if
that person is not the applicant or respondent);
and
(d)
include (or arrange to be included) in the explanation, in language those
persons are likely to readily understand —
(i)
the purpose of the order or injunction; and
(ii)
the obligations created by the order or injunction,
including how the contact that it provides for is to take place; and
(iii)
the consequences that may follow if a person fails to
comply with the order or injunction; and
(iv)
the court’s reasons for making an order or granting
an injunction that is inconsistent with a family violence order; and
(v)
the circumstances in which a person may apply for
variation or revocation of the order or injunction.
(3) As soon as
practicable after making the order or granting the injunction (and no later
than 14 days after making or granting it), the court must give a copy to
—
(a) the
applicant and respondent in the proceedings for the order or injunction; and
(b) the
person against whom the family violence order is directed (if that person is
not the applicant or respondent); and
(c) the
person protected by the family violence order (if that person is not the
applicant or respondent); and
(d) the
registrar, executive manager or other appropriate officer of the court that
last made or varied the family violence order; and
(e) the
Commissioner or head (however described) of the police force of the State or
Territory in which the person protected by the family violence order resides;
and
(f) a
child welfare officer in relation to the State or Territory in which the
person protected by the family violence order resides.
(4) Failure to comply
with this section does not affect the validity of the order or injunction.
[Section 174 inserted: No. 35 of 2006 s. 142(1).]