Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p55
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 55/86)
Character Range: 190663–193330

a party to the proceedings is aware that a family violence order applies to the child, or a member of the child's family, that party must inform the court of the family violence order.

"(2) If a person who is not a party to the proceedings is aware that a family violence order applies to the child, or a member of the child's family, that person may, subject to the Rules of Court, inform the court of the family violence order.

"(3) Failure to inform the court of the family violence order does not affect the validity of any order made by the court.

Court to consider risk of family violence

"68K.(1) In considering what order to make, the court must, to the extent that it is possible to do so consistently with the child's best interests being the paramount consideration, ensure that the order:

(a) is consistent with any family violence order; and

(b) does not expose a person to an unacceptable risk of family violence.

"(2) For the purposes of paragraph (l)(b) the court may include in the order any safeguards that it considers necessary for the safety of those affected by the order.

"Subdivision C—Separate representation of children

Court orders for separate representation

"68L.(1) This section applies to proceedings under this Act in which a child's best interests are, or a child's welfare is, the paramount, or a relevant, consideration.

"(2) If it appears to the court that the child ought to be separately represented, the court may order that the child is to be separately represented, and may also make such other orders as it considers necessary to secure that separate representation.

"(3) A court may make an order for separate representation:

(a) on its own initiative; or

(b) on the application of:

       (i) the child; or

       (ii) an organisation concerned with the welfare of children; or

       (iii) any other person.

Order that child be made available for examination

"68M.(1) This section applies if, in proceedings under this Act, a child is separately represented by a person (the 'child's representative') under an order under section 68L.

"(2) The court may, on application by the child's representative, order a person mentioned in subsection (3) to make the child available, as specified in the order, for a psychiatric or psychological examination to be made for the purpose of preparing a report about the child for use by the child's representative in connection with the proceedings.

"(3) The order may be directed to:

(a) a parent of the child; or

(b) a person who has a residence order or a contact order in relation to the child; or

   (c) a person who has a specific issues order in relation