Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p56
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 56/86)
Character Range: 193131–195918

may be directed to:

(a) a parent of the child; or

(b) a person who has a residence order or a contact order in relation to the child; or

   (c) a person who has a specific issues order in relation to the child under which the person is responsible for the child's long-term or day-to-day care, welfare and development.

"Division 11—Family violence

What this Division does

"68N. This Division deals with the relationship between Division 11 contact orders (as defined in section 68P) and family violence orders.

Note: Other provisions dealing with family violence and family violence orders are:
(a) section 60D (which contains the relevant definitions); and
(b) paragraphs 65F(2)(b) and 68F(2)(i) and (j); and
(c) sections 68J and 68K.

Interpretation

"68P. In this Division:

'Division 11 contact order' means:

(a) a contact order; or

   (b) any of the following, to the extent that it requires or authorises (expressly or impliedly) contact between a child and another person or other persons:

       (i) a recovery order, a specific issues order or any other order (however described) made under this Act;

       (ii) an injunction granted under section 68B or 114;

       (iii) an undertaking given to, and accepted by, a court exercising jurisdiction under this Act;

       (iv) a parenting plan registered in a court under section 63E;

       (v) a recognizance entered into pursuant to an order under this Act;

'section 68R contact order' means:

(a) a contact order; or

   (b) any of the following, to the extent that it requires or authorises (expressly or impliedly) contact between a child and another person or other persons:

       (i) a recovery order, a specific issues order or any other order (however described) made under this Act;

       (ii) an injunction granted under section 68B or 114.

Purposes of Division

"68Q. The purposes of this Division are:

(a) to resolve inconsistencies between Division 11 contact orders and family violence orders; and

(b) to ensure that Division 11 contact orders do not expose people to family violence; and

    (c) to respect the right of a child to have contact, on a regular basis, with both the child's parents where:

       (i) contact is diminished by the making or variation of a family violence order; and

       (ii) it is in the best interests of the child to have contact with both parents on a regular basis.

Provisions about making an order for contact that is inconsistent with a family violence order

"68R.(1) This section applies if a court makes a section 68R contact order that is inconsistent with a family violence order.

"(2) The court must explain, or arrange for someone else to explain, the order in accordance with subsection (3) to:

(a) the applicant and the respondent in the