Document ID: chunk:federal_register_of_legislation:C2004A00736:clause:1_70ng:p1
Version: federal_register_of_legislation:C2004A00736
Segment Type: clause
Provision Reference: sch 1 cl 70NG (pt 1/2)
Character Range: 17770–20410

70NG  Powers of court

 (1) If this Subdivision applies, the court may do any or all of the following:
 (a) make an order in respect of the person who committed the current contravention, or (subject to subsection (2)) in respect of both that person and another specified person, as follows:
 (i) directing the person or each person to attend before the provider of a specified appropriate post‑separation parenting program so that the provider can make an initial assessment as to the suitability of the person concerned to attend such a program;
 (ii) if a person so attending before a provider is assessed by the provider to be suitable to attend such a program or a part of such a program and the provider nominates a particular appropriate program for the person to attend—directing the person to attend that program or that part of that program;
 (b) make a further parenting order that compensates for contact forgone as a result of the current contravention;
 (c) adjourn the proceedings to allow either or both of the parties to the primary order to apply for a further parenting order under Division 6 of Part VII that discharges, varies or suspends the primary order or revives some or all of an earlier parenting order.

 (1A) In deciding whether to adjourn the proceedings as mentioned in paragraph (1)(c), the court must have regard to the following:
 (a) whether the primary order was made by consent;
 (b) whether either or both of the parties to the proceedings in which the primary order was made were represented in those proceedings by a legal practitioner;
 (c) the length of the period between the making of the primary order and the occurrence of the current contravention;
 (d) any other matters that the court thinks relevant.

 (2) The court must not make an order under paragraph (1)(a) directed to a person other than the person who committed the current contravention unless:
 (a) the person brought the proceedings before the court in relation to the current contravention or is otherwise a party to those proceedings; and
 (b) the court is satisfied that it is appropriate to direct the order to the person because of the connection between the current contravention and the carrying out by the person of his or her parental responsibilities in relation to the child or children to whom the primary order relates.

 (3) If the court makes an order under paragraph (1)(a) that a person is to attend before the provider of a program for assessment, or is to attend a program, the court must cause the provider of the program to be notified, in accordance with the applicable Rules of Court, of the making of the