Commonwealth Consolidated Acts

FAMILY LAW ACT 1975 - SECT 70NBF

Orders for contraventions without reasonable excuse

  (1)   If the court finds that the respondent has contravened a child - related order without having a reasonable excuse, the court may make any of the following orders:

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

  (b)   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;

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

  (i)   an order imposing a fine not exceeding 60 penalty units;

  (ii)   an order imposing a term of imprisonment.

Note:   For subparagraph   (d)(ii), see subsection   (4), subsection   70NCC(2) and section   70NCE for limits on how and when the court may impose a term of imprisonment on the respondent.

Matters to be considered by the court

  (2)   In making an order mentioned in subsection   (1), the court must have regard to:

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

  (b)   the seriousness of the contravention.

  (3)   Without limiting the matters the court may take into account, the following matters must be taken into account by the court when having regard to the seriousness of the contravention:

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

  (b)   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);

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

  (4)   The court may sentence the respondent to imprisonment under subparagraph   (1)(d)(ii) only if the court is satisfied that, in all the circumstances of the case, it would not be appropriate for the court to deal with the contravention in any other way under subsection   (1).