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COMMONWEALTHAct
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s 13D

Consequences of failure to comply with order under section 13C

In force
Volume 1s 1-90
Part IIIBCourt’s powers in relation to court and non‑court based family services
Division 3Referrals to family counselling, family dispute resolution and other family services

13D Consequences of failure to comply with order under section 13C

(1)

If a party fails to comply with an order of a court under section 13C, the family counsellor, family dispute resolution practitioner, CCS business or provider of the course, program or other service must report the failure to the court.

(1A)

A party does not fail to comply with an order of a court to make use of a children’s contact service provided by a CCS business if the CCS business refuses to provide the service to the party.

(1B)

If a CCS business refuses to provide a children’s contact service to a party, the CCS business must notify the court that they have done so.

(2)

On receiving the report, the court may make any further orders it considers appropriate.

(3)

The court may make orders under subsection (2):

(a)

on its own initiative; or

(b)

on the application of:

(i)

a party to the proceedings; or

(ii)

a lawyer independently representing a child’s interests under an order made under section 68L.

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