(1) In proceedings to
make or vary a family violence order, a court may revive, vary, discharge or
suspend —
(a) a
parenting order, to the extent to which it provides for a child to spend time
with a person, or expressly or impliedly requires or authorises a person to
spend time with the child; or
(b) a
recovery order (as defined in section 149) or any other order under this Act,
to the extent to which it expressly or impliedly requires or authorises a
person to spend time with a child; or
(c) an
injunction granted under section 235 or 235A, to the extent to which it
expressly or impliedly requires or authorises a person to spend time with a
child; or
(d) to
the extent to which it expressly or impliedly requires or authorises a person
to spend time with a child —
(i)
an undertaking given to, and accepted by, a court; or
(ii)
a registered parenting plan within the meaning of
section 76(6); or
(iii)
a bond entered into under an order under this Act.
(2) The court may do
so —
(a) on
its own initiative; or
(b) on
application by any person.
(3) The court must not
do so unless —
(a) it
also makes or varies a family violence order in the proceedings (whether or
not by interim order); and
(b) if
the court proposes to revive, vary, discharge or suspend an order or
injunction mentioned in subsection (1)(a), (b) or (c), the court has before it
material that was not before the court that made that order or injunction.
(4) The court must not
exercise its power under subsection (1) to discharge an order, injunction or
arrangement in proceedings to make an interim family violence order or an
interim variation of a family violence order.
(5) In exercising its
power under subsection (1), the court must —
(a) have
regard to the purposes of this Division (stated in section 173); and
(b) have
regard to whether contact with both parents is in the best interests of the
child concerned; and
(c) if
varying, discharging or suspending an order or injunction mentioned in
subsection (1)(a), (b) or (c) that, when made or granted, was inconsistent
with an existing family violence order, be satisfied that it is appropriate to
do so because a person has been exposed, or is likely to be exposed, to family
violence as a result of the operation of that order or injunction.
(6) The regulations
may require a copy of the court’s decision to revive, vary, discharge or
suspend an order, injunction or arrangement to be registered in accordance
with the regulations.
(7) Failure to comply
with any requirement of the regulations referred to in subsection (6) does not
affect the validity of the court’s decision.
[Section 176 inserted: No. 35 of 2006 s. 142(1).]