Supplementary Order Paper No 199

No 199

House of Representatives

Supplementary Order Paper

Tuesday, 15 April 2008

Family Courts Matters Bill


Proposed amendments

Hon Rick Barker, in Committee, to move the following amendments:

Clause 10

To omit this clause (lines 29 to 34 on page 24) and substitute the following clause:

10 Interpretation
  • Section 58 is amended by repealing the definition of approved provider and substituting the following definition:

    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.

New clauses 34A to 34C

To insert the following clauses after clause 34 (after line 4 on page 40):

34A Interpretation
  • Section 2 is amended by inserting the following definitions in their appropriate alphabetical order:

    approved provider has the meaning given to it by section 58 of the Care of Children Act 2004

    contact has the meaning given to it by section 8 of the Care of Children Act 2004

    supervised contact has the meaning given to it by section 58 of the Care of Children Act 2004.

34B Court may impose special conditions
  • Section 27 is amended by repealing subsection (2) and substituting the following subsections:

    • (2) Without limiting subsection (1), a condition imposed under that subsection may relate to either or both of the following matters:

      • (a) the manner in which the respondent or the associated respondent, or both, are to have contact with a child, and any arrangements necessary to facilitate that manner of contact:

      • (b) the manner and circumstances in which the respondent or the associated respondent, or both, may make contact with any other protected person.

    • (2A) Where a condition imposed under subsection (1) relating to the matter set out in subsection (2)(a) requires the contact between a child and either the respondent or the associated respondent, or both, to be supervised contact, the Court must specify in the order whether the supervised contact is to occur—

      • (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).

34C New section 28A inserted
  • The following section is inserted after section 28:

    28A Costs of formal supervised contact
    • (1) This section applies only to a supervised contact that—

      • (a) is imposed as a condition of a protection order under section 27(1); and

      • (b) is supervised by an approved provider.

      (2) The number of sessions of the contact that will be funded out of public money must be determined in accordance with regulations made under section 127(aa) or, in the absence of regulations of that kind, by the Registrar or the Court.

      (3) Fees in respect of the contact—

      • (a) must be determined in accordance with regulations made under section 127(ab) or, in the absence of regulations of that kind, by the Registrar or the Court; and

      • (b) are payable out of public money appropriated by Parliament for the purpose.

New clause 41A

To insert after clause 41 (after line 36 on page 42) the following clause:

41A Regulations
  • Section 127 is amended by inserting the following paragraphs after paragraph (a):

    • (aa) providing for the determination, for the purposes of section 28A(2), of the number of sessions of supervised contact (imposed as a condition of a protection order under section 27(1), and supervised by an approved provider) that will be funded out of public money:

    • (ab) providing for the determination, for the purposes of section 28A(3), of the amount of fees and expenses, including minimum and maximum amounts, payable to approved providers in respect of supervised contact carried out as a condition of a protection order imposed under section 27(1), which fees and expenses may differ—

      • (i) according to the number of sessions of supervised contact determined to be carried out under section 28A(2); and

      • (ii) according to whether supervised contact is to be carried out in a specified number of proceedings during a specified period:


Explanatory note

This Supplementary Order Paper sets out amendments to the Family Courts Matters Bill.

The amendments—

  • substitute a new expanded definition of approved provider in section 58 of the Care of Children Act 2004 so that this term also means a supervised contact service provider approved by the Secretary for Justice or by an officer of the Family Court, and must be nominated by the Family Court or Registrar (refer clause 10):

  • provide that, where supervised contact with a child is imposed as a special condition of a protection order under the Domestic Violence Act 1995, the Court must specify whether the supervised contact is to occur under the supervision of an approved provider or in the immediate presence of a person approved by the Court (refer new clauses 34A and 34B):

  • provide for the number of sessions of supervised contact supervised by an approved provider and for the fees in respect of that contact to be determined in accordance with regulations or, in the absence of regulations, the Registrar of the Court (refer new clause 34C and 41A).