67NProvisions about Commonwealth information orders

#### 67N Provisions about Commonwealth information orders (1) This section applies to Commonwealth information orders. Requirements for making a Commonwealth information order (2) Subject to section 67L, a court having jurisdiction under this Part or section 111CX, or exercising jurisdiction in proceedings arising under regulations made for the purposes of Part XIIIAA, may make a Commonwealth information order if it is satisfied that information about the child’s location is likely to be contained in, or to come into, the records of the Department or Commonwealth instrumentality concerned. (3) A court must not make a Commonwealth information order unless: (a) a copy of the application for the order has been served in accordance with the applicable Rules of Court on the person to whom the order will apply (being the Secretary of the Department concerned or an appropriate authority of the Commonwealth instrumentality concerned); and (b) if that Department or Commonwealth instrumentality is prescribed for the purposes of this paragraph—either: (i) the period of 7 days after service of that copy of the application has expired; or (ii) the court considers that there are special circumstances because of which the order should be made before the end of that period of 7 days. (4) If an application for a Commonwealth information order relates to more than one Department or Commonwealth instrumentality, the court must not make the order in relation to more than one of them unless the court considers it should do so because of exceptional circumstances. Content of a Commonwealth information order (5) A Commonwealth information order may require either: (a) a one‑off search for information sought by the order; or (b) periodic searches for the information sought by the order for the period during which the order is in force, which must not exceed 12 months. (6) A Commonwealth information order that requires periodic searches for information does not require the records of the Department or Commonwealth instrumentality concerned to be searched more often than once every 3 months unless specifically so ordered by the court. (7) Unless a Commonwealth information order specifies otherwise, the order does not require the searching of records that are more than 2 years old on the day the order is made. (8) A court may state that a Commonwealth information order only applies to records of a particular kind if the court considers that an unreasonable burden would be placed on the resources of the Department or Commonwealth instrumentality concerned if the order applied to all of its records. (9) In addition to requiring information about a child’s location, a Commonwealth information order may also require the person to whom the order applies to provide any information, that is in the records of the relevant Department or Commonwealth instrumentality, about actual or threatened violence to any one or more of the following: (a) the child; (b) a person who is related to the child within the meaning of subsection 67NA(1); (c) a person who has a connection to the child that the court considers relevant. (10) A Commonwealth information order seeking information about actual or threatened violence to a person mentioned in paragraph (9)(c) must specify either the person or the nature of the connection between the person and the child. (11) If a Commonwealth information order seeks information about actual or threatened violence to a person mentioned in paragraph (9)(b) or (c), the person to whom the order applies is only required to provide information about the person if they can be identified using the records of the relevant Department or Commonwealth instrumentality. (12) A Commonwealth information order seeking information about actual or threatened violence under subsection (9) may specify that such information is to be sought within the following records: (a) a particular record, or particular kinds of records; (b) records held in relation to particular individuals; (c) records made within a particular period, or before or after a particular time. Revocation of a Commonwealth information order (13) If a Commonwealth information order requires periodic searches for information, the court must: (a) revoke the order before the order ceases to be in force if satisfied that the purpose of the order has been achieved; or (b) if the court receives notice of a child’s return under subsection 67Y(2)—consider revoking the order if satisfied that the purpose of the order has been achieved. Disclosure requirements (14) If a person is required to conduct a search under a Commonwealth information order, the person to whom the order applies must provide the information sought by the order: (a) if a time is specified by the Court—by that time; or (b) if a time is not specified—as soon as practicable. (15) To avoid doubt, if a Commonwealth information order seeks information about actual or threatened violence under subsection (9), the person to whom the order applies must provide any information about actual or threatened violence to the persons specified in paragraphs (9)(a) to (c) that is found in the records of the relevant period, even if no information about the location of the child is found. (16) This section applies despite a provision of a law of the Commonwealth or of a State or Territory that prohibits: (a) the communication, disclosure or publication of information; or (b) the production of, or the publication of the contents of, a document; whether enacted before, at or after the commencement of this section. (17) A Commonwealth information order: (a) does not override an order of the High Court or a court created by the Parliament under Chapter III of the Constitution; and (b) does not apply in relation to information relevant to proceedings on foot in any such court. #### 67NA Persons who are related to a child for the purposes of paragraph 67N(9)(b) (1) For the purposes of paragraph 67N(9)(b), the following persons are related to a child: (a) a parent, adoptive parent or step‑parent of the child; (b) a grandparent or step‑grandparent of the child; (c) a sibling, half‑sibling or step‑sibling of the child; (d) an uncle or aunt of the child; (e) a niece or nephew of the child; (f) a cousin of the child; (g) any other person biologically related to the child; (h) if the child is in a foster arrangement—a person: (i) who fosters the child; or (ii) who is a spouse, or de facto partner within the meaning of section 60EA, of a person who fosters the child; or (iii) who is an intimate partner (within the meaning of subsection (2)) of a person who fosters the child (whether or not residing with the person); or (iv) who would be related to the child in accordance with paragraph (b), (c), (d), (e), (f) or (g) if a person who fosters the child were the child’s parent. (2) For the purposes of subparagraph (1)(h)(iii), 2 persons, who are not each other’s spouse or de facto partner within the meaning of section 60EA, are intimate partners of each other if they have an intimate relationship (whether or not they live together). (3) For the purposes of subsection (2), factors that indicate whether 2 persons have an intimate relationship include (but are not limited to) the following: (a) the extent to which each is personally dependent on the other; (b) the extent to which each is financially dependent on the other (including any arrangements for financial support); (c) the length of the relationship; (d) the frequency of contact between each other; (e) if there is, or has been, a sexual relationship; (f) the extent to which each is involved in, or knows about, the other’s personal life; (g) the degree of mutual commitment to a shared life; (h) if they share care or support for children or other dependents.