Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p50
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 50/86)
Character Range: 178179–180783

location order in relation to the child is in force and was applied for by the person—the person to whom the location order applies.

"Subdivision D—Allegations of child abuse

Where party to proceedings makes allegation of child abuse

"67Z.(1) This section applies if a party to proceedings under this Act alleges that a child to whom the proceedings relate has been abused or is at risk of being abused.

"(2) The party must file a notice in the prescribed form in the court hearing the proceedings, and serve a true copy of the notice upon the person who is alleged to have abused the child or from whom the child is alleged to be at risk of abuse.

"(3) If a notice under subsection (2) is filed in a court, the Registrar must, as soon as practicable, notify a prescribed child welfare authority.

"(4) In this section:

'prescribed form' means the form prescribed by the Rules of Court;

'Registrar' means:

    (a) in relation to the Family Court, or the Family Court of Western Australia—the Registrar, or a Deputy Registrar, of that Court; and

(b) in relation to any other court—the principal officer of that court.

Where member of the Court personnel, counsellor or mediator suspects child abuse etc.

"67ZA.(1) This section applies to a person in the course of carrying out duties, performing functions or exercising powers as:

(a) a member of the Court personnel; or

(b) a family and child counsellor; or

(c) a family and child mediator.

"(2) If the person has reasonable grounds for suspecting that a child has been abused, or is at risk of being abused, the person must, as soon as practicable, notify a prescribed child welfare authority of his or her suspicion and the basis for the suspicion.

"(3) If the person has reasonable grounds for suspecting that a child:

(a) has been ill treated, or is at risk of being ill treated; or

    (b) has been exposed or subjected, or is at risk of being exposed or subjected, to behaviour which psychologically harms the child;

the person may notify a prescribed child welfare authority of his or her suspicion and the basis for the suspicion.

"(4) The person need not notify a prescribed child welfare authority of his or her suspicion that a child has been abused, or is at risk of being abused, if the person knows that the authority has previously been notified about the abuse or risk under subsection (2) or subsection 67Z(3), but the person may notify the authority of his or her suspicion.

"(5) If notice under this section is given orally, written notice confirming the oral notice is to be given to the prescribed child welfare