Western Australian Current Acts Western Australian Current Acts (1) Where —
(a) a
court has found, for the purposes of Part 5 Division 13, that a person has, by
taking a child away from another person or by refusing or failing to deliver a
child to another person, contravened a parenting order to the extent to which
the order provides that —
(i)
a child is to live with a person; or
(ii)
a child is to spend time with a person; or
(iii)
a child is to communicate with a person;
or
(b) a
person has been convicted of an offence against section 107, 107A, 108 or 108A
in respect of a child; or
(c) a
court has found, for the purposes of Part 5 Division 13 that a person has, by
taking a child away from another person or by refusing or failing to deliver a
child to another person, contravened an injunction granted, or an order made,
under section 235; or
(d) a
person has been found to be in contempt of a court by reason of taking a child
from another person or having refused or failed to deliver a child to another
person,
a court may, subject
to subsection (2) —
(e) on
the application of the Commonwealth or the State Government order the person
to make reparation to the Commonwealth or the State Government or to a
Commonwealth or State instrumentality, by way of money payment or otherwise,
in respect of any loss suffered, or any expense incurred, by the Commonwealth
or the State Government or the instrumentality, as the case may be, in
recovering the child and returning the child to a person; or
(f) on
the application of any other person, order the first-mentioned person to make
reparation to that other person, by way of money payment or otherwise, in
respect of any loss suffered, or expense incurred, by that other person in
recovering the child and, if applicable, returning the child to a person.
(2) Nothing in
subsection (1) empowers a court to order a person to make reparation to the
Commonwealth or the State Government, to a Commonwealth or State
instrumentality or to another person in respect of any loss suffered, or any
expense incurred, where a court (whether of a kind referred to in section 8(a)
or (b) or otherwise) has, under a written law, ordered the first-mentioned
person to make reparation to the Commonwealth or the State Government, to the
Commonwealth or State instrumentality or to that other person, as the case may
be, in respect of the same loss suffered or expense incurred.
(3) In this section
—
Commonwealth or State instrumentality means a body
or authority established for a public purpose by or under a law of the
Commonwealth or of the State.
[Section 238 amended: No. 35 of 2006 s. 78 and
169; No. 49 of 2024 s. 75.]