Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 70NBD

Post - separation parenting programs

Post - separation parenting program orders

  (1)   The court may, at any stage of the proceedings, make an order requiring the respondent and, if appropriate, one or more other parties to the proceedings, to attend a post - separation parenting program or other specified program.

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

Note 2:   Things said, or admission made by, a person in a post - separation parenting program are generally not admissible in a court: see section   10PA.

Duty of principal executive officer to notify program provider

  (2)   The principal executive officer of the court must advise the provider of the program of the making of an order under subsection   (1) as soon as reasonably practicable after the order is made.

Unsuitability to attend program or failure to attend program

  (3)   The provider of the program must inform the court, and any other party to the proceedings, if:

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

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

  (4)   The court may make any order (other than an order under paragraph   70NBF(1)(d)) that it considers appropriate if a person ordered to attend a program is considered as being unsuitable to attend the program, or fails to attend any part of the program.

  (5)   If the court has found that the respondent has contravened the child - related order without having a reasonable excuse, then the court must take into account the seriousness of that contravention when making an order under subsection   (4).



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