Commonwealth Numbered Acts

FAMILY LAW AMENDMENT ACT 1987 No. 181 of 1987 - SECT 35

35. After section 70B of the Principal Act the following Divisions are
inserted in Part VII:
                           "Division 13-Injunctions
Injunctions

"70C. (1) Where proceedings are instituted in a court having jurisdiction
under this Part for an injunction in relation to a child, the court may make
such order or grant such injunction as it considers appropriate for the
welfare of the child, including:

   (a)  an injunction for the personal protection of the child;

   (b)  an injunction for the personal protection of a person who is entitled
        to the custody or guardianship of, or to access to, the child;

   (c)  an injunction restraining a person from entering or remaining in:

        (i)    a place of residence, employment or education of the child; or

        (ii)   a specified area that contains a place of a kind referred to in
               subparagraph (i); and

   (d)  an injunction restraining a person from entering or remaining in:

        (i)    a place of residence, employment or education of a person who
               is entitled to the custody or guardianship of, or to access to,
               the child; or

        (ii)   a specified area that contains a place of a kind referred to in
               subparagraph (i).

"(2) A court exercising jurisdiction under this Act in any proceedings (other
than proceedings to which subsection (1) applies) may grant an injunction in
relation to a child, by interlocutory order or otherwise, in any case in which
it appears to the court to be just or convenient to do so.

"(3) An injunction under this section may be granted unconditionally or on
such terms and conditions as the court considers appropriate.

"(4) Subsections 114 (4), (5) and (6) apply in relation to injunctions and
orders made under this section as if they were injunctions and orders made
under section 114. Powers of arrest

"70D. (1) Where, on the application of a person (in this subsection and
subsections (2) and (4) called the 'applicant'), a court having jurisdiction
under this Part grants an injunction under subsection 70C (1), the applicant
may:

   (a)  in the course of the proceedings in which the injunction is granted or
        subsequently, apply to that court for an order under subsection (2);
        or

   (b)  at any time after the injunction has been granted, apply to another
        court having jurisdiction under this Part for an order under
        subsection (2).

"(2) If the court is satisfied:

   (a)  that the person against whom the injunction was granted (in this
        subsection and subsection (3) called the 'respondent') has caused, or
        threatened to cause, bodily harm to the applicant or:

        (i)    in a case where the applicant is a child who has not attained
               18 years of age-any of the following persons:

                (A)  a person who is entitled to the custody or guardianship
                     of, or to access to, the applicant;

                (B)  any other child who is living with the person
                     first-mentioned in sub-subparagraph (A), of whom that
                     person is entitled to custody or guardianship or to whom
                     that person is entitled to access; or

        (ii)   in any other case-any child who is living with the applicant,
               of whom the applicant is entitled to custody or guardianship,
               or to whom the applicant is entitled to access; and

   (b)  that the respondent is likely to cause bodily harm to the applicant or
        a person referred to in subparagraph (a) (i) or (ii);

   (c)  that:

        (i)    notice of the intention of the applicant to apply for an order
               under this subsection has been served on the respondent; or

        (ii)   in a case where the respondent has caused bodily harm to the
               applicant or a person referred to in subparagraph (a) (i) or
               (ii)-it is appropriate, in the circumstances of the case, to
               make an order under this subsection even though such notice has
               not been served on the respondent; the court may, by order,
               authorise the arrest of the respondent under this section.

"(3) Where the court authorises the arrest of the respondent under this
section, a police officer may arrest the respondent without warrant if the
police officer believes, on reasonable grounds, that the respondent has, since
the order was made, breached the injunction:

   (a)  by causing bodily harm to a person for whose protection the injunction
        was granted; or

   (b)  by entering or remaining in any place or area specified in the
        injunction.

"(4) Subsections 114AA (3), (4), (5) and (7) apply in relation to a person
arrested under subsection (3) of this section as if the person had been
arrested under subsection 114AA (2), an order had previously been made in
relation to the person under subsection 114AA (1) and the applicant were the
person on whose application that order had been made.

"(5) An order made by a court under subsection (2) expires:

   (a)  if an expiration day earlier than 6 months after the making of the
        order is specified in the order- on that day; or

   (b)  in any other case-6 months after the making of the order.

"Division 14-Miscellaneous Institution of maintenance proceedings by
authorised authority or person

"70E. The regulations may make provision with respect to authorising a
prescribed authority of the Commonwealth or of a State or Territory, or the
person from time to time holding or acting in a prescribed office established
under a law of the Commonwealth or of a State or Territory, to institute and
prosecute, in the discretion of the authority or person, proceedings in
relation to the maintenance of a child on behalf of the child.".