Meaning of reasonable excuse for contravening a child‑related order
70NAD Meaning of reasonable excuse for contravening a child‑related order
Where person did not understand obligations
A person has a reasonable excuse for contravening a child‑related order if:
the person contravened the order because at the time of the contravention the person did not understand the obligations imposed by the order; and
the court considers that the person ought to be excused in respect of the contravention.
If the court decides that a person has a reasonable excuse under subsection (1) for contravening a child‑related order, the court must explain to the person, in language likely to be readily understood by the person:
the obligations imposed on the person by the order; and
the consequences that may follow if the person contravenes the order again.
Protection of health or safety of a person
A person has a reasonable excuse for contravening a child‑related order if:
the person contravened the order because the person reasonably believed that the person’s actions constituting the contravention were necessary to protect the health or safety of the person, a child or any other person; and
the period of the contravention was not longer than necessary to protect the health or safety of the person, child or other person.
Section does not limit circumstances of a reasonable excuse
This section does not limit the circumstances in which a person may have a reasonable excuse for contravening a child‑related order.
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