Commonwealth Numbered Acts Commonwealth Numbered ActsPart 1 -- Requirement to meet with the child
1 Subsections 68L(5) and (6)
Repeal the subsections.
2 After subsection 68LA(5)
Insert:
Requirement to meet with the child and give the child the opportunity to express their views
(5A) Subject to subsection (5B), the independent children's lawyer must perform the following duties (not necessarily at the same time):
(a) meet with the child;
(b) provide the child with an opportunity to express any views in relation to the matters to which the proceedings relate.
Note: A person cannot require a child to express the child's views in relation to any matter (see section 60CE).
(5AA) The independent children's lawyer has discretion in relation to the following matters (subject to any order or direction of the court with respect to the matter, for example under paragraph 68L(2)(b) or paragraph (5D)(b) of this section):
(a) when, how often and how meetings with the child take place;
(b) when, how often and how the child is provided with an opportunity to express views.
(5B) The independent children's lawyer is not required to perform a duty if:
(a) the child is under 5 years of age; or
(b) the child does not want to meet with the independent children's lawyer, or express their views (as the case requires); or
(c) there are exceptional circumstances that justify not performing the duty.
(5C) Without limiting paragraph (5B)(c), exceptional circumstances for the purposes of that paragraph include that performing the duty, would:
(a) expose the child to a risk of physical or psychological harm that cannot be safely managed; or
(b) have a significant adverse effect on the wellbeing of the child.
(5D) If the independent children's lawyer proposes not to perform a duty because of paragraph (5B)(c), the court must do the following before making final orders:
(a) determine whether it is satisfied that exceptional circumstances exist that justify not performing the duty;
(b) 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).
Note: The court may also make such other orders it considers necessary to secure the independent representation of the child's interests (see paragraph 68L(2)(b)).
3 Application provision
The amendments of the Family Law Act 1975 made by this Part apply in relation to the following proceedings:
(a) proceedings instituted on or after the day this item commences;
(b) 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.
Part 2 -- Convention on the Civil Aspects of International Child Abduction
4 Subsection 68L(1)
Repeal the subsection, substitute:
(1) This section applies to proceedings under this Act in which a child's best interests are, or a child's welfare is, the paramount, or a relevant, consideration. This includes any such proceedings arising under regulations made for the purposes of section 111B.
Note: Section 111B is about the Convention on the Civil Aspects of International Child Abduction.
5 Subsection 68L(3)
Repeal the subsection.
6 Application provision for items 4 and 5
The amendments of the Family Law Act 1975 made by items 4 and 5 of this Part apply in relation to the following proceedings:
(a) proceedings instituted on or after the day this item commences;
(b) 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.
7 Subsection 111B(1B)
Repeal the subsection.