Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p58
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 58/86)
Character Range: 198148–200904

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 contact order;

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

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

"(3) The court to which an application for a declaration is made must hear and determine the application and make such declaration as it considers appropriate.

Variation etc. of Division 11 contact order by court making etc. family violence order

"68T.(1) If proceedings (the 'family violence proceedings') for the making or variation of a family violence order are before a court of a State or Territory that has jurisdiction in relation to matters arising under this Part,

the court may, subject to this section, exercise that jurisdiction, in the course of the family violence proceedings, to make, revive, vary, discharge or suspend a Division 11 contact order.

"(2) The court's power to make, revive, vary, suspend or discharge a Division 11 contact order in the family violence proceedings is subject to the following provisions:

   (a) the court must not exercise that power unless, whether by interim order or otherwise, it makes or varies a family violence order in those proceedings:

   (b) the court must exercise that power having regard to the purposes of this Division (as stated in section 68Q) and to the best interests of any relevant child;

   (c) if section 68R applied to the making of a Division 11 contact order—the court must not exercise the power to vary, discharge or suspend the order unless it is satisfied that it is appropriate to do so:

       (i) because a person has been exposed, or is likely to be exposed, to family violence as a result of the operation of the order; and

       (ii) having regard to the matters mentioned in paragraph (b);

   (d) if the court makes an interim family violence order, or an interim order varying a family violence order, the court must not discharge a Division 11 contact order in those proceedings.

  Note: Division 10 deals with how a court determines a child's best interests.

"(3) This Part, and the Rules of Court, apply to the making, revival, variation, discharge or suspension of a Division 11 contact order in the family violence proceedings subject to the following qualifications:

(a) the following provisions do not apply:

       (i) sections 65C, 608K and 69N and subsection 65F(2);

       (ii) any provisions (for example, section 65E) that would otherwise make the best interests of