Estrategia de publicidad y marketing de Bodegatotal.com

The Family Law Act provides a number of different ways in which the FCA and the FCC can make a report to Child Protection in relation to a child who is subject to proceedings in that court.

Section 67Z

Where a parent or interested person (referred to as a party to proceedings) in the FCA or FCC alleges that a child has been abused or is at risk of being abuse:

• That person must file a Notice of Child Abuse, Family Violence or Risk of Family Violence form in court. This is also referred to as a Form 4.

• Upon receiving this notice the court must report to Child Protection.

• Wherever possible the FCA and the FCC will set a return to court date that allows Child Protection sufficient time to adequately respond to the request. This period is usually a minimum of 21 days.

• If the court has determined that the matter is urgent and requires an earlier hearing date, the matter may be listed within days of the application being filed. Practitioners need to read the affidavit material attached to the Form 4 or seek further information from the court to understand why the matter has been listed for an urgent hearing.

Departmental response

• Child Protection must record this as a child protection report under section 67Z in the CRIS section ‘Reporter Details, Type of Report’.

• A determination regarding the classification of the report is to be made in the same manner as other child protection reports by Intake.

• The local departmental office will acknowledge receipt of the notice by email to the registry manager or their nominee.

• Email for Melbourne Registry of the FCA and FCC is: [email protected]

• The department will usually require a minimum of 21 days to prepare its response in the form of a letter. However, if the request is urgent Child Protection must respond as soon as possible.

• If there is inadequate time to prepare a response in time for the next hearing date, Child Protection must notify the court as soon as practicable, prior to the next court date. • Child Protection Intake will proceed to classify the report (as a child wellbeing report or

protective intervention report).

• Where the report is classified as a protective intervention report and insufficient time has been allowed by the court to complete an investigation (less than three weeks) or the matter is complex and requires further assessment, a letter must be sent to the FCA or FCC determining that the assessment is incomplete and indicating the date that information will be available.

• Where an investigation will not occur the FCA or FCC must be advised of this in writing including the reasons for this decision. This can be emailed to the

<[email protected]> inbox. Section 67ZA

A section 67ZA report is one where a family law court professional, for example, a Child Dispute Services family consultant, registrar of the court or independent children’s lawyer, has formed a concern for a child and makes a report to Child Protection. This can be done either in writing or verbally and the response by the department needs to be detailed as above for section 67Z reports.

Section 91B

A section 91B report can only be made by a judge. In proceedings that affect or may affect the welfare of a child, an FCA or FCC judge may directly request that Child Protection intervenes. This is requested by the court at times where there are concerns about the viability of both parents to provide care and protection of a child.

This section of the Family Law Act (91B) also provides that once such a request has been made Child Protection may intervene in the proceedings and in doing so will be a legal party to the proceedings.

Possible departmental responses to 67Z, 67ZA and 91B

When Child Protection is responding to requests in writing we must: • advise the court what the department’s intentions are

• include the rationale for the type of response. Possible responses are:

• No investigation by the department (include your rationale).

• Investigation substantiated or not substantiated (include information that is held by Child Protection that may be of interest to the court).

• Initiate Children’s Court proceedings (it is important this is communicated to the court as this will suspend/adjourn proceedings in the family law jurisdiction until the Children’s Court proceedings have concluded).

• Intend to appear as amicus curiae (a friend of the court).

In considering this option, discussion with the Child Protection Litigation Office should occur as quickly as possible. Endorsement from the team manager is required for Child Protection to appear as a friend of the court.

• Seek leave to become party to the proceedings.

In considering intervening in the proceedings, this should be guided by what is required to protect the child, and consequently which jurisdiction will best ensure the safety of the child. A Child Protection manager will need to endorse this decision.

Memorandum of understanding