Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p57
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 57/86)
Character Range: 195679–198383

section 68R contact order that is inconsistent with a family violence order.

"(2) The court must explain, or arrange for someone else to explain, the order in accordance with subsection (3) to:

(a) the applicant and the respondent in the proceedings for the section 68R contact order; and

    (b) if the person against whom the family violence order is directed is not covered by paragraph (a)—that person; and

(c) if the person protected by the family violence order is not covered by paragraph (a)—that person.

"(3) An explanation under subsection (2) must explain, in language likely to be readily understood by the person to whom the explanation is given:

(a) the purpose of the section 68R contact order; and

(b) the obligations that the order creates; and

(c) the consequences that may follow if a person fails to comply with the order; and

(d) the court's reasons for making an order that is inconsistent with a family violence order; and

(e) the circumstances in which a person may apply for the order to be revoked or varied.

"(4) In addition to the requirements mentioned in subsection (3), the court must:

    (a) include in the section 68R contact order a detailed explanation of how the contact provided for in the order is to take place; and

    (b) as soon as practicable, but not later than 14 days after making the section 68R contact order, give a copy of that order to:

       (i) the applicant and the respondent in the proceedings for the section 68R contact order; and

       (ii) if the person against whom the family violence order is directed is not covered by subparagraph (i)—that person; and

       (iii) if the person protected by the family violence order is not covered by subparagraph (i)—that person; and

       (iv) the Registrar of the court that made or last varied the family violence order; and

       (v) the Commissioner or head (however described) of the police force of the State or Territory in which the person protected by the family violence order resides.

"(5) Failure to comply with a requirement of this section does not affect the validity of a section 68R contact order.

Section 68R contact orders prevail over inconsistent family violence orders

"68S.(1) If a section 68R contact order is inconsistent with a family violence order, the section 68R contact order prevails and the family violence order is invalid to the extent of the inconsistency.

"(2) Any of the following persons may apply to a court having jurisdiction under this Part for a declaration of the extent to which a section 68R contact order is inconsistent with a family violence order:

(a) the applicant and the respondent in the proceedings for the section 68R