Document ID: chunk:federal_register_of_legislation:C2008C00441:clause:2_70neb:p1
Version: federal_register_of_legislation:C2008C00441
Segment Type: clause
Provision Reference: sch 2 cl 70NEB (pt 1/3)
Character Range: 78204–80898

70NEB  Powers of court

 (1) If this Subdivision applies, the court may do any or all of the following:
 (a) make an order directing:
 (i) the person who committed the current contravention; or
 (ii) that person and another specified person;
  to attend a post‑separation parenting program;
 (b) if the current contravention is a contravention of a parenting order in relation to a child—make a further parenting order that compensates a person for time the person did not spend with the child (or time the child did not live with the person) as a result of the current contravention;
 (c) adjourn the proceedings to allow either or both of the parties to the primary order to apply for a further parenting order under Division 6 of Part VII that discharges, varies or suspends the primary order or revives some or all of an earlier parenting order;
 (d) make an order requiring the person who committed the current contravention to enter into a bond in accordance with section 70NEC;
 (e) if:
 (i) the current contravention is a contravention of a parenting order in relation to a child; and
 (ii) the current contravention resulted in a person not spending time with the child (or the child not living with a person for a particular period); and
 (iii) the person referred to in subparagraph (ii) reasonably incurs expenses as a result of the contravention;
  make an order requiring the person who committed the current contravention to compensate the person referred to in subparagraph (ii) for some or all of the expenses referred to in subparagraph (iii);
 (f) make an order that the person who committed the current contravention pay some or all of the costs of another party, or other parties, to the proceedings under this Division; and
 (g) if the court makes no other orders in relation to the current contravention—order that the person who brought the proceedings in relation to the current contravention pay some or all of the costs of the person who committed the current contravention.

Note 1: The court may also vary the primary order under Subdivision B.

Note 2: Paragraph (1)(a)—before making an order under this paragraph, the court must consider seeking the advice of a family consultant about the services appropriate to the person's needs (see section 11E).

 (2) The court must not make an order under paragraph (1)(a) directed to a person other than the person who committed the current contravention unless:
 (a) the person brought the proceedings before the court in relation to the current contravention or is otherwise a party to those proceedings; and
 (b) the court is satisfied that it is appropriate to direct the order to the person because of the connection