paragraph 60CC(3)(a); and

to ensure that the best interests of children are met, including by ensuring their safety; and

to give effect to the Convention on the Rights of the Child done at New York on 20 November 1989.

consider the matters set out in subsection (2); and

if the child is an Aboriginal or Torres Strait Islander child—also consider the matters set out in subsection (3).

what arrangements would promote the safety (including safety from being subjected to, or exposed to, family violence, abuse, neglect, or other harm) of:

the child; and

each person who has care of the child (whether or not a person has parental responsibility for the child);

any views expressed by the child;

the developmental, psychological, emotional and cultural needs of the child;

the capacity of each person who has or is proposed to have parental responsibility for the child to provide for the child’s developmental, psychological, emotional and cultural needs;

the benefit to the child of being able to have a relationship with the child’s parents, and other people who are significant to the child, where it is safe to do so;

anything else that is relevant to the particular circumstances of the child.

any history of family violence, abuse or neglect involving the child or a person caring for the child (whether or not the person had parental responsibility for the child); and

any family violence order that applies or has applied to the child or a member of the child’s family.

the child’s right to enjoy the child’s Aboriginal or Torres Strait Islander culture, by having the support, opportunity and encouragement necessary:

to connect with, and maintain their connection with, members of their family and with their community, culture, country and language; and

to explore the full extent of that culture, consistent with the child’s age and developmental level and the child’s views; and

to develop a positive appreciation of that culture; and

the likely impact any proposed parenting order under this Part will have on that right.

encourage the person to act in the child’s best interests by applying the considerations set out in subsections 60CC(2) and (3).

proceedings instituted on or after the day this item commences;

proceedings instituted before, and not finally determined by, the day this item commences, other than proceedings in respect of which a final hearing has commenced by the day this item commences.

to consult each other about major long-term issues in relation to the child; and

in doing so, to have regard to the best interests of the child as the paramount consideration.

to consult each other person in relation to each such decision; and

to make a genuine effort to come to a joint decision.

has parental responsibility for the child; or

shares parental responsibility for the child with another person;

proceedings instituted on or after the day this item commences;

proceedings instituted before, and not finally determined by, the day this item commences, other than proceedings in respect of which a final hearing has commenced by the day this item commences.

the court has considered whether there has been a significant change of circumstances since the final parenting order was made; and

the court is satisfied that, in all the circumstances (and taking into account whether there has been a significant change of circumstances since the final parenting order was made), it is in the best interests of the child for the final parenting order to be reconsidered.

the reasons for the final parenting order and the material on which it was based;

whether there is any material available that was not available to the court that made the final parenting order;

the likelihood that, if the final parenting order is reconsidered, the court will make a new parenting order that affects the operation of the final parenting order in a significant way (whether by varying, discharging or suspending the final parenting order, in whole or in part, or in some other way);

(d) any potential benefit, or detriment, to the child that might result from reconsidering the final parenting order.

(a) definition of contravened;

(b) definition of order under this Act affecting children;

(c) definition of primary order.

in any court (whether exercising federal jurisdiction or not); or

in any proceedings before a person authorised by a law of the Commonwealth, of a State or of a Territory, or by the consent of the parties, to hear evidence.

an admission by an adult that indicates that a child under 18 has been abused or is at risk of abuse;

a disclosure by a child under 18 that indicates that the child has been abused or is at risk of abuse;

a make-up time parenting order;

an order varying or suspending a parenting order;

an order requiring the respondent and any other party to the proceedings to attend a post-separation parenting program.

an order requiring the respondent to enter into a bond;

an order imposing a fine on the respondent for failing to enter into a bond.

an order imposing a fine on the respondent;

an order imposing a sentence of imprisonment on the respondent.

supporting compliance with child-related orders; and

resolving difficulties associated with child-related orders that are parenting orders which have contributed to non-compliance with such orders (including by varying or making further orders); and

deterring non-compliance with child-related orders; and

upholding the authority of the court by enforcing compliance with child-related orders where the court considers this necessary and appropriate; and

providing for sanctions for a person who contravenes a child-related order without reasonable excuse.

the person is a person (other than a child) to whom the order applies and:

the person intentionally fails to comply with the order; or

the person makes no reasonable attempt to comply with the order; or

the person is not a person to whom the order applies, and the person is not a child, but:

the person intentionally prevents compliance with the order by a person to whom the order applies; or

the person aids or abets a contravention of the order by a person to whom the order applies.

the person contravened the order because at the time of the contravention the person did not understand the obligations imposed by the order; and

the court considers that the person ought to be excused in respect of the contravention.

the obligations imposed on the person by the order; and

the consequences that may follow if the person contravenes the order again.

the person contravened the order because the person reasonably believed that the person’s actions constituting the contravention were necessary to protect the health or safety of the person, a child or any other person; and

the period of the contravention was not longer than necessary to protect the health or safety of the person, child or other person.

(a) an issue arises in the proceedings about whether a person (the respondent) has contravened a child-related order; and

a party to the proceedings makes an application for an order under this Subdivision in relation to the issue.

a make-up time parenting order under section 70NBB;

an order varying or suspending a parenting order under section 70NBC;

an order requiring the respondent and any other party to the proceedings to attend a post-separation parenting program under section 70NBD.

a parenting order;

an injunction granted by the court:

under section 68B; or

under section 114 in so far as the injunction is for the protection of a child;

a bond entered into:

under a parenting order; or

under paragraph 70NBF(1)(a); or

for the purposes of subsection 70NCC(3);

an undertaking given to, and accepted by, the court that relates to, or to the making of, an order, injunction or bond referred to in any of paragraphs (a) to (c);

a subpoena issued under the applicable Rules of Court that:

relates to, or to the making of, an order, injunction or bond referred to in any of paragraphs (a) to (c); and

is issued to a party to the proceedings for the order, injunction or bond, as the case may be.

the provider considers that a person ordered to attend the program is unsuitable to attend the program; or

a person ordered to attend the program fails to attend the entire program, or any part of it.

an order requiring the respondent to enter into a bond in accordance with section 70NCA;

if an order is made under paragraph (a), and the respondent fails, without having a reasonable excuse, to enter into the bond—an order imposing a fine not exceeding 10 penalty units on the respondent;

(c) where the contravention resulted in a child not spending time with, or living with, a person (the affected person) for a period—an order requiring the respondent to compensate the affected person for some or all of any expenses the affected person reasonably incurred as a result of the contravention;

where the court is satisfied beyond reasonable doubt that the respondent contravened the order:

an order imposing a fine not exceeding 60 penalty units;

an order imposing a term of imprisonment.

the likely effects of making the order on any child, or any other person; and

the seriousness of the contravention.

whether a court has previously found that the respondent has contravened a child-related order without having a reasonable excuse;

whether the respondent behaved in a way that showed a serious disregard of the respondent’s obligations under the child-related order mentioned in subsection (1);

the behaviour of any person with whom the child is to live or spend time under the child-related order mentioned in subsection (1).

with or without surety; and

with or without security.

to attend a post-separation parenting program; or

to attend an appointment (or a series of appointments) with a family consultant; or

to attend family counselling; or

to attend family dispute resolution; or

to be of good behaviour.

the purpose and effect of the proposed requirement; and

the consequences that may follow if the respondent:

fails to enter into the bond; or

having entered into the bond—fails to act in accordance with the bond.

the court finds that the respondent has contravened a child-related order without having a reasonable excuse; and

the respondent has entered into a bond in accordance with an order made under paragraph 70NBF(1)(a); and

the respondent fails, without having a reasonable excuse, to comply with the bond.

without prejudice to the continuance of the bond, impose a fine not exceeding 10 penalty units on the respondent; or

revoke the bond and deal with the respondent in any manner in which the respondent could have been dealt with for the contravention of the child-related order if:

the bond had not been entered into; and

the respondent was before the court under this Division in respect of the contravention of the child-related order.

the fact that the bond was entered into;

anything done pursuant to the bond;

any fine imposed, and any other order made, for or in respect of the contravention of the child-related order.

for a specified period of no more than 12 months; or

for a period ending at the earlier of:

the time when the respondent complies with the child-related order concerned; or

the time when the respondent has been imprisoned under the sentence for 12 months, or such lesser period as is specified by the court ordering the sentence.

state the reasons why it is satisfied as mentioned in subsection 70NBF(4); and

cause those reasons to be entered in the records of the court.

suspend the sentence upon the terms and conditions determined by the court; and

terminate such a suspension.

(a) a contravention of an administrative assessment of child support made under the Child Support (Assessment) Act 1989; or

a breach of a child support agreement made under that Act; or

a contravention of an order made by a court under Division 4 of Part 7 of that Act for a departure from such an assessment (including such an order that contains matters mentioned in section 141 of that Act).

(a) a child-related order that is a parenting order provides that a child is to live with, spend time with or communicate with a person (the complainant); and

the court is satisfied that there are reasonable grounds for believing that the respondent has contravened the order on any of the grounds mentioned in any of items 1 to 3 of the table in subsection 70NAC(2); and

the issue of the warrant is necessary to ensure that the respondent will attend before the court to be dealt with under this Division for the alleged contravention.

an act or omission by the respondent:

constitutes an alleged contravention of a child-related order; and

also constitutes an alleged offence under any law; and

the respondent is prosecuted in respect of the offence.

dismiss proceedings in relation to the alleged contravention of the child-related order; or

adjourn those proceedings until the prosecution has been completed.

is arrested under a warrant issued under subsection 70NDA(1) (warrants for arrest of persons alleged to have contravened a child-related order); or

is arrested without warrant under a recovery order.

ensure that the alleged offender is brought before a court having jurisdiction under this Part before the end of the holding period applicable under subsection (4); and

take all reasonable steps to ensure that, before the alleged offender is brought before a court, the person who applied for the warrant or recovery order is aware:

that the alleged offender has been arrested; and

of the court before which the alleged offender is to be brought.

if a Saturday, Sunday or public holiday starts within 24 hours after the arrest of the alleged offender—the longer of the following periods:

the period starting with the arrest and ending 48 hours later;

the period starting with the arrest and ending at the end of the next day after the day of the arrest that is not a Saturday, Sunday or public holiday; or

in any other case—the period starting with the arrest and ending 24 hours later.

the alleged offender is brought before a court under section 70PB; and

there is an application before the court for the alleged offender to be dealt with under Division 13A for the alleged contravention.

the alleged offender is brought before a court under section 70PB; and

there is no application, or no longer any application, before the court for the alleged offender to be dealt with under Division 13A for the alleged contravention; and

the court is aware that there is an application before another court for the alleged offender to be dealt with under Division 13A for the alleged contravention.

order that the alleged offender is to be released from custody on entering into a recognisance (with or without surety or security) that the alleged offender will attend before the other court on a date, at a time and at a place specified by the court; or

order the arresting person to arrange for the alleged offender to be brought before the other court on such date and at such time as the court specifies, being a date and time such that the alleged offender is to be brought before the other court as soon as practicable, and in any event not more than 72 hours, after the order is made.

subject to paragraph (c), the alleged offender may be kept in custody until brought before the other court; and

if the alleged offender is brought before the other court as required by the order, the other court must, without delay, proceed to hear and determine the application mentioned in paragraph (1)(c); and

if the alleged offender is not brought before the other court as required by the order, the alleged offender must be released without delay.

the alleged offender is brought before a court under section 70PB; and

there is no application, or no longer any application, before the court for the alleged offender to be dealt with under Division 13A for the alleged contravention; and

so far as the court is aware, there is no application, or no longer any application, before any other court for the alleged offender to be dealt with under Division 13A for the alleged contravention.

order the alleged offender to be kept in such custody as the court considers appropriate during the adjournment; or

order that the alleged offender is to be released from custody, either on entering into a recognisance (with or without surety or security) that the alleged offender will attend before the court on the resumption of the hearing or otherwise.

is expressed to be for a period of more than 24 hours; or

continues for more than 24 hours.

a child-related order; or

subsection 70NBD(1);

subsection 70NBD(1);

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act or the Family Law Act 1975;

(e) directly amend the text of this Act or the Family Law Act 1975.

(ba) a further parenting order made under paragraph 70NDB(1)(c), 70NEB(1)(b) or 70NFB(2)(c) of the Family Law Act 1975; or

(ba) an order made under Family Law Act 1975; orsection 70NBB (make-up time parenting orders) of the

for an Aboriginal child or Torres Strait Islander child—a person who, in accordance with the child’s Aboriginal or Torres Strait Islander culture (including but not limited to any kinship systems of that culture), is related to the child; and

in paragraph (1AB)(e)—has the meaning given by subsection (1AC); and

in paragraph (1AB)(ea)—has the meaning given by subsection (1AD).

the first person is or has been a relative of the second person within the meaning of subsection (1AC); or

except for the purposes of sections 60CF, 60CH and 60CI—the first person is or has been a relative of the second person within the meaning of subsection (1AD); or

proceedings instituted on or after the day this item commences; and

proceedings instituted before, and not finally determined by, the day this item commences, other than proceedings in respect of which a final hearing has commenced by the day this item commences.

meet with the child;

provide the child with an opportunity to express any views in relation to the matters to which the proceedings relate.

when, how often and how meetings with the child take place;

when, how often and how the child is provided with an opportunity to express views.

the child is under 5 years of age; or

the child does not want to meet with the independent children’s lawyer, or express their views (as the case requires); or

there are exceptional circumstances that justify not performing the duty.

expose the child to a risk of physical or psychological harm that cannot be safely managed; or

have a significant adverse effect on the wellbeing of the child.

determine whether it is satisfied that exceptional circumstances exist that justify not performing the duty;

if the court determines that those circumstances do not exist—make an order requiring the independent children’s lawyer to meet with the child or provide the child with an opportunity to express their views (as the case requires).

proceedings instituted on or after the day this item commences;

proceedings instituted before, and not finally determined by, the day this item commences, other than proceedings in respect of which a final hearing has commenced by the day this item commences.

proceedings instituted on or after the day this item commences;

proceedings instituted before, and not finally determined by, the day this item commences, other than proceedings in respect of which a final hearing has commenced by the day this item commences.

each other; or

any other power that a court has to deal with proceedings.

the first party is prosecuting the proceedings or that part of the proceedings; and

the court is satisfied that the other party has no reasonable prospect of successfully defending the proceedings or that part of the proceedings.

the first party is defending the proceedings or that part of the proceedings; and

the court is satisfied that the other party has no reasonable prospect of successfully prosecuting the proceedings or that part of the proceedings.

hopeless; or

bound to fail;

the other party would suffer harm if the first party instituted further proceedings against the other party; or

in the case of child-related proceedings (within the meaning of Part VII)—the child who is the subject of the proceedings would suffer harm if the first party instituted further proceedings against the other party.

psychological harm or oppression;

major mental distress;

a detrimental effect on the other party’s capacity to care for a child;

financial harm.

the history of the proceedings under this Act between the first party and the other party; and

whether the first party has frequently instituted or conducted proceedings against the other party in any Australian court or tribunal (including proceedings instituted (or attempted to be instituted) or conducted, and orders made, before the commencement of this section); and

the cumulative effect, or any potential cumulative effect, of any harm resulting from the proceedings referred to in paragraphs (a) and (b).

that the application has been made;

if the application is dismissed—that the application has been dismissed.

the person must not institute proceedings in the court without the leave of the court under section 102QAG; and

another person must not, acting in concert with the person, institute proceedings in the court without the leave of the court under section 102QAG.

an order declaring proceedings are proceedings to which subsection (2) applies; and

any other order in relation to the stayed proceedings it considers appropriate, including an order for costs.

subject to a harmful proceedings order prohibiting the person from instituting further proceedings under this Act in a court having jurisdiction under this Act; or

acting in concert with another person who is subject to an order mentioned in paragraph (a).

lists all the occasions on which the applicant has applied for leave under this section; and

discloses all relevant facts about the application, whether supporting or adverse to the application, that are known to the applicant.

proceedings instituted on or after the day this item commences;

proceedings instituted before, and not finally determined by, the day this item commences.

in a way that ensures the safety of families and children; and

in relation to proceedings under this Act in which the best interests of a child are the paramount consideration—in a way that promotes the best interests of the child; and

according to law; and

as quickly, inexpensively and efficiently as possible.

the just determination of all such proceedings;

the efficient use of the judicial and administrative resources available for the purposes of courts exercising jurisdiction in such proceedings;

the efficient disposal of the overall caseload of courts exercising jurisdiction in such proceedings;

the disposal of all such proceedings in a timely manner;

the resolution of disputes at a cost that is proportionate to the importance and complexity of the matters in dispute.

the applicable Rules of Court;

(b) any other provision made by or under this Act, or any other Act, with respect to the practice and procedure of the Federal Circuit and Family Court of Australia or any other court.

take account of the duty imposed on the party by subsection (1); and

assist the party to comply with the duty.

the likely duration of the proceedings or part of the proceedings; and

the likely amount of costs that the party will have to pay in connection with the proceedings or part of the proceedings (including the costs that the lawyer will charge to the party).

proceedings instituted on or after the day this item commences;

proceedings instituted before, and not finally determined by, the day this item commences, other than proceedings in respect of which a final hearing has commenced by the day this item commences.

in relation to the Federal Circuit and Family Court of Australia (Division 1)—has the meaning given by subsection 67(4); and

in relation to the Federal Circuit and Family Court of Australia (Division 2)—has the meaning given by subsection 190(4).

proceedings instituted before that day that were not finally determined before that commencement; and

proceedings instituted on or after that day.

in Part XIVB—see subsection 114P(1); and

otherwise—means a proceeding in a court, whether between parties or not, and includes cross-proceedings or an incidental proceeding in the course of or in connection with a proceeding.

publication in a book, newspaper, magazine or other written publication;

broadcast by radio or television;

public exhibition;

broadcast or publication or other communication by means of the internet.

the person communicates to the public an account of proceedings under this Act; and

the account identifies:

a party to the proceedings; or

a witness in the proceedings; or

a person who is related to, or is associated with, a party to the proceedings; or

a person who is, or is alleged to be, in any other way concerned in the matter to which the proceedings relate.

in accordance with a direction of a court; or

otherwise approved by a court.

a picture, recording, or physical description of the person;

a name or title that identifies the person;

an address or location where the person resides or works;

details of the person’s employment, paid or voluntary;

the relationship or other connection between the person and an identified person or business;

the person’s political, philosophical or religious beliefs;

any real or personal property associated with the person.

a court;

an officer of a court investigating or dealing with a matter in accordance with this Act, the regulations or the applicable Rules of Court;

a tribunal established by or under a law of the Commonwealth or of a State or Territory.

the communication is the publication, by the court, officer or tribunal, of a list of proceedings the court, officer or tribunal is to deal with; or

the communication is:

in accordance with a direction of a court or otherwise approved by a court; or

in accordance with the applicable Rules of Court.

the person or body has a significant and legitimate interest in the subject matter of the communication; and

that interest is substantially greater than, or different from, the interests of members of the public generally.

a private communication between a party to proceedings and one or more persons who are members of the party’s family or friends of the party;

a communication of a pleading, transcript of evidence, or other document for use in connection with any of the following proceedings, to a person concerned in those proceedings:

proceedings in a court;

proceedings before an officer of a court investigating or dealing with a matter in accordance with this Act, the regulations or the applicable Rules of Court;

proceedings in a tribunal established by or under a law of the Commonwealth or of a State or Territory;

a communication of a pleading, transcript of evidence, or other document, to a prescribed authority of a State or Territory that has responsibilities relating to the welfare of children;

a communication of a pleading, transcript of evidence, or other document, to:

a body that is responsible for disciplining members of a profession in a State or Territory; or

a person concerned in disciplinary proceedings against a member of a profession in a State or Territory (being proceedings before a body that is responsible for disciplining members of that profession in that State or Territory);

a communication of a pleading, transcript of evidence, or other document, to a body that grants assistance by way of legal aid for the purpose of facilitating a decision as to whether assistance by way of legal aid should be granted, continued or provided in a particular case;

a communication of material intended primarily for use by the members of any profession (being part of a series of law reports or any other publication of a technical character);

a communication of an account of proceedings to a member of a profession in connection with:

the person’s practice of that profession; or

any form of professional training in which that person is involved;

a communication of an account of proceedings to a student in connection with the student’s studies.

does not relieve the family consultant of their obligations under regulations made for the purposes of section 11K (regulations prescribing standards and requirements for family report writers); and

does not extend to action taken to enforce such regulations.

the report is prepared following a family assessment (which usually includes the report’s preparer meeting with the child and others significant to the child’s care, welfare and development and, if appropriate, advising of the child’s views); and

the report sets out the expert views and advice of the report’s preparer on parenting arrangements for the purposes of parenting orders being made by the court in relation to the child; and

the report is both:

covered by subsection (2); and

not excluded by regulations made for the purposes of this paragraph.

a report prepared for the court by a family consultant in relation to an appointment (or a series of appointments) a party to proceedings has been directed to attend, or to arrange for a child to attend, with the family consultant under section 11F;

a report prepared for the court by a family consultant for the purposes of subsection 55A(2) (report regarding arrangements for the care, welfare and development of a child of a marriage);

a report prepared by a family consultant at the direction of the court under subsection 62G(2) (direction to give report in relation to proceedings in which the care, welfare and development of a child under 18 is relevant);

a report about a child prepared for the use of an independent children’s lawyer as mentioned in subsection 68M(2);

any other report prepared for parties to proceedings before the court, or for the court for the purposes of proceedings before the court.

standards and requirements that family report writers, or a class or classes of family report writers, must comply with in connection with the role of preparing designated family reports; and

consequences of non-compliance with prescribed standards and requirements.

recognition, monitoring and enforcement of compliance with prescribed standards and requirements;

(b) the person or persons responsible for that recognition, monitoring and enforcement (each such person is a regulator);

duties of family report writers, and persons intending to become family report writers, in relation to establishing and maintaining recognition of their compliance, including duties in relation to providing information and documents to a regulator;

circumstances in which a regulator may collect, use and share information and documents for the purposes of meeting the regulator’s responsibilities;

review of decisions that affect recognition of a family report writer’s compliance;

processes for dealing with persons who make false or misleading representations about a family report writer’s compliance;

processes for handling complaints involving family report writers;

training for family report writers;

the charging of fees, to family report writers, for services provided to them in connection with recognition, and maintenance of recognition, of their compliance;

publication of the names of family report writers who are recognised as complying with prescribed standards and requirements;

publication of information about the named family report writers for the purposes of informing the court, parties to proceedings and the public about any or all of the following:

their qualifications, training and experience;

their availability;

the fees they charge;

their compliance status, including in relation to particular standards or requirements;

any relevant memberships of professional associations, registration or employment;

any other matters relevant to their role of preparing designated family reports;

standards and requirements in relation to the content of designated family reports.

prescribe offences, the penalties for which do not exceed 30 penalty units;

prescribe civil penalty provisions, the penalties for which do not exceed 30 penalty units;

provide for suspension or cancellation of recognition of compliance;

provide that, if a family report writer is not recognised, or if recognition of a family report writer’s compliance is suspended or cancelled, the court must not have regard to designated family reports prepared by the family report writer;

prohibit the preparation of designated family reports by family report writers who are not recognised.

each regulator;

the Secretary of the Department.

the Federal Court of Australia;

the Federal Circuit and Family Court of Australia;

a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

a designated family report prepared for or at the direction of the court, or for a party to proceedings before the court;

a final order made by the court in proceedings for which a designated family report was prepared.

may be appointed to the office of Judge of the Federal Circuit and Family Court of Australia (Division 1), regardless of whether the person holds an office of Judge of a Family Court of a State; and

may serve in that office of Judge of the Federal Circuit and Family Court of Australia (Division 1) even if the person continues to hold, and serve in, the office of Judge of the Family Court of that State.