Family Violence Protection Act 2008

This section applies if the court decides to make a family violence intervention order against a respondent who is a child.

In addition to the matters to which the court must have regard under section 82 in deciding whether to include an exclusion condition in the family violence intervention order, the court must consider the following—

the desirability of the child being supported to gain access to appropriate educational services and health services;

the desirability of allowing the education, training or employment of the child to continue without interruption.

Despite section 80, the court may include an exclusion condition in the order only if it is satisfied that if the child is excluded from the residence the child will have appropriate alternative accommodation and appropriate care and supervision.

If the child is an Aboriginal or Torres Strait Islander child, for the purposes of deciding under subsection (3) whether the child will have appropriate alternative accommodation and appropriate care and supervision, the court must have regard to the following—

as a priority, an Aboriginal or Torres Strait Islander child should live within the child's Aboriginal or Torres Strait Islander extended family or relatives or, if that is not possible, other extended family or relatives;

the need for the child to keep the child's culture and identity through contact with the child's community.

If the court includes an exclusion condition in the family violence intervention order, the court must notify the Secretary to the Department of Human Services that the order has been made.