Western Australian Current Acts

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FAMILY COURT ACT 1997 - SECT 147

147 .         Provisions about State information orders — FLA s. 67N

        (1)         This section applies to State information orders.

        (2)         Subject to section 145, a court may make a State information order in respect of a State entity if the court is satisfied that information about the child’s location is likely to be contained in, or to come into, the records of the State entity.

        (3)         A court must not make a State information order unless —

            (a)         a copy of the application for the order has been served on the person to whom the order will apply; and

            (b)         the period of 7 days after service of that copy of the application has expired or the court considers that there are special circumstances because of which the order should be made before the end of that period of 7 days.

        (4)         If an application for a State information order relates to more than one State entity then a court must not make the order in relation to more than one State entity unless the court considers it should do so because of exceptional circumstances.

        (5)         A court may state that a State information order only applies to records of a particular kind if the court considers that —

            (a)         the information sought by the order is only likely to be contained in records of that kind; and

            (b)         to apply the order to all records of the State entity concerned would place an unreasonable burden on the State entity’s resources.

        (6)         A State information order stays in force for 12 months.

        (7)         While a State information order is in force, the person to whom the order applies must, subject to subsection (9), provide the information sought by the order as soon as practicable, or as soon as practicable after the information comes into the records of the State entity concerned.

        (8)         If the person (the official ) to whom a State information order applies provides another person (in accordance with the order) with information sought by the order, the official must, at the same time, provide the other person with any information about actual or threatened violence to the child concerned, to a parent of the child, or to another person with whom the child lives, that is in the records of the State entity concerned.

        (9)         A State information order does not require the records of the State entity concerned to be searched for the information sought by the order more often than once every 3 months unless specifically so ordered by a court.

        (10)         The person to whom a State information order applies must comply with the order despite anything in any other written law.



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