Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p78
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 78/86)
Character Range: 247562–250327

a reasonable excuse for contravening a residence order in a way that resulted in a child not living with a person in whose favour the order was made if:

      (a) the respondent believed on reasonable grounds that the actions constituting the contravention were necessary to protect the health or safety of a person (including the respondent or the child); and

      (b) the period during which, because of the contravention, the child did not live with the person in whose favour the order was made was not longer than was necessary to protect the health or safety of that person.

    "(4) A person (the 'respondent') is taken to have had a reasonable excuse for contravening a contact order in a way that resulted in a person and a child being deprived of contact they were supposed to have under the order if:

       (a) the respondent believed on reasonable grounds that the deprivation of contact was necessary to protect the health or safety of a person (including the respondent or the child); and

       (b) the deprivation of contact was not for longer than was necessary to protect the health or safety of the person referred to in paragraph (a).

    "(5) A person (the 'respondent') is taken to have had a reasonable excuse for contravening a specific issues order by acting contrary to section 65P if:

       (a) the respondent believed on reasonable grounds that the action constituting the contravention was necessary to protect the health or safety of a person (including the respondent or the child); and

       (b) the period during which, because of that action, a person in whose favour the order was made was hindered in or prevented from discharging responsibilities under the order was not for longer than was necessary to protect the health or safety of the person referred to in paragraph (a).".

Sanctions for failure to comply with orders

47. Section 112AD of the Principal Act is amended:

    (a) by inserting in subsection (1) "other than a residence order, a contact order or a specific issues order," after "order under this Act,";

(b) by inserting after subsection (1) the following subsection:

"(1A) If:

      (a) a court with jurisdiction under this Act is satisfied that a person has contravened a residence order, a contact order or a specific issues order; and

      (b) the person does not prove on the balance of probabilities that he or she had a reasonable excuse for contravening the order;

    the court may, subject to subsection (5), by order, take any action specified in subsection (2) that the court thinks appropriate.";

(c) by omitting paragraph (2)(g) and substituting the following paragraph:

      "(g) having regard to any deprivation of contact resulting from the contravention concerned, make