Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p42
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 42/86)
Character Range: 158367–161035

contribution towards:

   (a) the maintenance of the mother for the childbirth maintenance period in relation to the birth of the child; and

(b) the mother's reasonable medical expenses in relation to the pregnancy and birth; and

   (c) if the mother dies and the death is as a result of the pregnancy or birth, the reasonable expenses of the mother's funeral; and

   (d) if the child is stillborn, or dies and the death is related to the birth, the reasonable expenses of the child's funeral.

Matters to be taken into account in proceedings under Subdivision

"67C.(1) In proceedings under this Subdivision in relation to the birth of a child, the court must, in determining the contribution that should be made by the father of the child, take into account the following matters only:

   (a) the income, earning capacity, property and financial resources of the mother and the father of the child;

(b) commitments of each of those persons that are necessary to enable the person to support:

       (i) himself or herself; or

       (ii) any other child or another person that the person has a duty to maintain;

   (c) any special circumstances which, if not taken into account in the particular case, would result in injustice or undue hardship to any person.

"(2) In taking into account the income, earning capacity, property and financial resources of a person, the court must have regard to the capacity of the person to earn and derive income, including any assets of, under the control of or held for the benefit of the person that do not produce, but are capable of producing, income.

"(3) In taking into account the income, earning capacity, property and financial resources of the mother, the court must disregard any entitlement of the mother to an income tested pension, allowance or benefit.

"(4) Subsections (2) and (3) do not limit the matters to which the court may have regard in taking into account matters referred to in subsection (1).

Powers of court in proceedings under Subdivision

"67D.(1) In proceedings under this Subdivision in relation to the birth of a child, the court may make such order as it thinks proper.

"(2) In exercising its powers under this Subdivision, a court may do all or any of the following:

(a) order payment of a lump sum, whether in one amount or by instalments;

(b) order payment of a weekly, monthly or other periodic amount;

   (c) order that payment of an amount ordered to be paid be wholly or partly secured as the court specifies;

   (d) order that any necessary instrument be executed, and that such documents of title be produced and such other things be done, as are necessary to enable an