Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p54
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 54/86)
Character Range: 188159–190872

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 Strait Islanders) and any other characteristics of the child that the court thinks are relevant;

   (g) the need to protect the child from physical or psychological harm caused, or that may be caused, by:

       (i) being subjected or exposed to abuse, ill-treatment, violence or other behaviour; or

       (ii) being directly or indirectly exposed to abuse, ill-treatment, violence or other behaviour that is directed towards, or may affect, another person;

    (h) the attitude to the child, and to the responsibilities of parenthood, demonstrated by each of the child's parents;

   (i) any family violence involving the child or a member of the child's family;

   (j) any family violence order that applies to the child or a member of the child's family;

   (k) whether it would be preferable to make the order that would be least likely to lead to the institution of further proceedings in relation to the child;

   (l) any other fact or circumstance that the court thinks is relevant.

"(3) If the court is considering whether to make an order with the consent of all the parties to the proceedings, the court may, but is not required to, have regard to all or any of the matters set out in subsection (2).

"(4) In paragraph (2)(f):

'Aboriginal peoples' means the peoples of the Aboriginal race of Australia;

'Torres Strait Islanders' means the descendants of the indigenous inhabitants of the Torres Strait Islands.

How the wishes of a child are expressed

"68G.(1) Paragraph 68F(2)(a) requires the court to consider any wishes expressed by a child in deciding whether to make a particular parenting order in relation to the child. This section deals with how the court informs itself of wishes expressed by a child.

"(2) The court may inform itself of wishes expressed by a child:

(a) by having regard to anything contained in a report given to the court under subsection 62G(2); or

(b) subject to the Rules of Court, by such other means as the court thinks appropriate.

Children not required to express wishes

"68H. Nothing in this Part permits the court or any person to require the child to express his or her wishes in relation to any matter.

Informing court of relevant family violence orders

"68J.(1) If 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