Western Australian Current Acts

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FAMILY COURT ACT 1997 - SECT 238

238 .         Reparation for certain losses and expenses relating to children — FLA s. 117A

        (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 or 108 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.]



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