Western Australian Current Acts Western Australian Current Acts (1) If —
(a)
section 66H(6) to (10) apply to an application for a Part 5 Order (see section
66H(4) and (5)); and
(b)
section 66H(6) does not apply to the application because the court is
satisfied that there are reasonable grounds to believe that —
(i)
there has been abuse of the child by one of the parties
to the proceedings; or
(ii)
there has been family violence by one of the parties to
the proceedings,
a court must not hear
the application unless the applicant has indicated in writing that the
applicant has received information from a family counsellor or family dispute
resolution practitioner about the services and options (including alternatives
to court action) available in circumstances of abuse or violence.
(2) Subsection (1)
does not apply if the court is satisfied that there are reasonable grounds to
believe that —
(a)
there would be a risk of abuse of the child if there were to be a delay in
applying for the order; or
(b)
there is a risk of family violence by one of the parties to the proceedings.
(3) The validity of
—
(a)
proceedings on an application for a Part 5 Order; or
(b) any
order made in those proceedings,
is not affected by a
failure to comply with subsection (1) in relation to those proceedings.
(4) If —
(a) the
applicant indicates in writing that the applicant has not received information
about the services and options (including alternatives to court action)
available in circumstances of abuse or violence; and
(b)
subsection (2) does not apply,
the executive manager
of the court concerned must ensure that the applicant is referred to a family
counsellor or family dispute resolution practitioner in order to obtain
information about those matters.
[Section 66I inserted: No. 35 of 2006 s. 83.]
[ 66J. Deleted: No. 13 of 2013 s. 13.]