Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p53
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 53/86)
Character Range: 185605–188425

without warrant.

"(2) For the purposes of subsection (1), an injunction granted under section 68B is an injunction for the personal protection of a person if, and only if, it is expressed to be for the personal protection of the person.

"(3) Subsections 114AA(3), (4), (5) and (7) apply in relation to a person arrested under this section as if:

   (a) the person had been arrested under subsection 114AA(1) because he or she was believed to have breached an injunction granted under section 114; and

   (b) the person on whose application the injunction was granted under section 68B were the person on whose application the injunction under section 114 had been granted.

"Division 10—The best interests of children and the representation of children

"Subdivision A—What this Division does

What this Division does

"68D. This Division deals with:

   (a) determining what is in a child's best interests (including in situations of family violence) (Subdivision B); and

   (b) the separate representation of children (Subdivision C).

"Subdivision B—Determining the best interests of a child

Proceedings to which Subdivision applies

"68E.(1) This Subdivision applies to any proceedings under this Part in which the best interests of a child are the paramount consideration.

"(2) This Subdivision also applies to proceedings, in relation to a child, to which subsection 60G(2), 63F(2) or 63F(6) or section 68T applies.

How a court determines what is in a child's best interests

"68F.(1) Subject to subsection (3), in determining what is in the child's best interests, the court must consider the matters set out in subsection (2).

"(2) The court must consider:

   (a) any wishes expressed by the child and any factors (such as the child's maturity or level of understanding) that the court thinks are relevant to the weight it should give to the child's wishes;

   (b) the nature of the relationship of the child with each of the child's parents and with other persons;

   (c) the likely effect of any changes in the child's circumstances, including the likely effect on the child of any separation from:

       (i) either of his or her parents; or

       (ii) any other child, or other person, with whom he or she has been living;

   (d) the practical difficulty and expense of a child having contact with a parent and whether that difficulty or expense will substantially affect the child's right to maintain personal relations and direct contact with both parents on a regular basis;

   (e) the capacity of each parent, or of any other person, to provide for the needs of the child, including emotional and intellectual needs;

   (f) the child's maturity, sex and background (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal peoples or Torres