Care of Children Act 2004

58 Interpretation

• In this section and sections 59 to 62, unless the context otherwise requires,—

  allegation of violence, in relation to a party to proceedings, means an allegation that that party has physically or sexually abused—

  • (a) another party to the proceedings; or

  • (b) a child who is the subject of the proceedings; or

  • (c) a child of the family

  approved provider means a supervised contact service provider who is—

  • (a) approved—

    • (i) by the chief executive as a Community Service under section 403 of the Children, Young Persons, and Their Families Act 1989; or

    • (ii) by the Secretary; or

    • (iii) by an officer of the court appointed under section 8(2) of the Family Courts Act 1980; and

  • (b) nominated by the court or Registrar for the particular case

  child of the family, in relation to any proceedings, means—

  • (a) a child of the applicant and the respondent, or of either of them; or

  • (b) any child who was a member of the family of the applicant and the respondent, or either of them, immediately before the commencement of the proceedings

  protection order means—

  • (a) a protection order, including a temporary protection order, made under section 14 of the Domestic Violence Act 1995:

  • (b) a protection order made under section 123B of the Sentencing Act 2002

  supervised contact means direct (that is, face to face) contact between a party and a child, being contact that occurs—

  • (a) under the supervision of an approved provider; or

  • (b) in the immediate presence of a person approved by the court (for example, a relative, a friend of the family of the child, or any other person whom the court considers suitable)

  violent party means a party to the proceedings against whom—

  • (a) there is currently in force a protection order for the protection of any of the following persons:

    • (i) another party to the proceedings:

    • (ii) a child who is the subject of the proceedings:

    • (iii) a child of the family; or

  • (b) an allegation of violence is made that, on the basis of the evidence presented by, or on behalf of, the parties to the proceedings (without the court being required to make inquiries on its own initiative), the court is satisfied is proved

  Compare: 1968 No 63 s 16A

  Section 58 allegation of violence: inserted, on 16 November 2011, by section 9(1) of the Care of Children Amendment Act 2011 (2011 No 59).

  Section 58 approved provider: substituted, on 18 May 2009, by section 9 of the Care of Children Amendment Act 2008 (2008 No 74).

  Section 58 protection order: inserted, on 16 November 2011, by section 9(1) of the Care of Children Amendment Act 2011 (2011 No 59).

  Section 58 violence: repealed, on 16 November 2011, by section 9(2) of the Care of Children Amendment Act 2011 (2011 No 59).

  Section 58 violent party: added, on 16 November 2011, by section 9(1) of the Care of Children Amendment Act 2011 (2011 No 59).