Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p45
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 45/86)
Character Range: 165817–168609

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; or

   (d) any other person concerned with the care, welfare or development of the child.

Child's best interests paramount consideration in making a location order

"67L. In deciding whether to make a location order in relation to a child, a court must regard the best interests of the child as the paramount consideration.

Note: Division 10 deals with how a court determines a child's best interests.

Provisions about location orders, other than Commonwealth information orders

"67M.(1) This section applies to location orders other than Commonwealth information orders.

"(2) Subject to section 67L, a court having jurisdiction under this Part may make a location order if it is satisfied that the person to whom the order applies is likely to have information about the child's location.

"(3) If the person to whom a location order applies holds an office or position in, or in relation to, a Department or a Commonwealth instrumentality, the order does not apply to information that the person has or obtains because of holding that office or position.

"(4) A location order stays in force for 12 months or such longer period as the court considers appropriate.

"(5) While a location order is in force, the person to whom it applies must provide the information sought by the order as soon as practicable, or as soon as practicable after the person obtains it.

"(6) The person to whom a location order applies must comply with the order in spite of anything in any other law.

Provisions about Commonwealth information orders

"67N.(1) This section applies to Commonwealth information orders.

"(2) Subject to section 67L, a court having jurisdiction under this Part may make a Commonwealth information order if it is satisfied that information about the child's location is likely to be contained in, or to come into, the records of the Department or Commonwealth instrumentality concerned.

"(3) A court must not make a Commonwealth information order unless:

    (a) a copy of the application for the order has been served in accordance with the Rules of Court on the person to whom the order will apply (being the Secretary of the Department concerned or an appropriate authority of the Commonwealth instrumentality concerned); and

    (b) if that Department or Commonwealth instrumentality is prescribed for the purposes of this paragraph—either:

       (i) the period of 7 days after service of that copy of the application has expired; or

       (ii) the court considers that there are special circumstances because of which the order should be made before