Commonwealth Consolidated Acts

FAMILY LAW ACT 1975 - SECT 67ZBB

  (1)   This section applies if:

  (a)   a notice is filed under subsection   67Z(2) or 67ZBA(2) in proceedings for an order under this Part   in relation to a child; and

  (b)   the notice alleges, as a consideration that is relevant to whether the court should make or refuse to make the order, that:

  (i)   there has been abuse of the child by one of the parties to the proceedings; or

  (ii)   there would be a risk of abuse of the child if there were to be a delay in the proceedings; or

  (iii)   there has been family violence by one of the parties to the proceedings; or

  (iv)   there is a risk of family violence by one of the parties to the proceedings.

  (2)   The court must:

  (a)   consider what interim or procedural orders (if any) should be made:

  (i)   to enable appropriate evidence about the allegation to be obtained as expeditiously as possible; and

  (ii)   to protect the child or any of the parties to the proceedings; and

  (b)   make such orders of that kind as the court considers appropriate; and

  (c)   deal with the issues raised by the allegation as expeditiously as possible.

  (3)   The court must take the action required by paragraphs   (2)(a) and (b):

  (a)   as soon as practicable after the notice is filed; and

  (b)   if it is appropriate having regard to the circumstances of the case--within 8 weeks after the notice is filed.

  (4)   Without limiting subparagraph   (2)(a)(i), the court must consider whether orders should be made under section   67ZBD or 67ZBE to obtain particulars, documents or information from information sharing agencies in relation to the allegation.

  (5)   Without limiting subparagraph   (2)(a)(ii), the court must consider whether orders should be made, or an injunction granted, under section   68B.

  (6)   A failure to comply with a provision of this section does not affect the validity of any order made in the proceedings for the order.