67ZBAWhere interested person makes allegation of family violence

#### 67ZBA Where interested person makes allegation of family violence (1) This section applies if an interested person in proceedings for an order under this Part in relation to a child alleges, as a consideration that is relevant to whether the court should make or refuse to make the order, that: (a) there has been family violence by one of the parties to the proceedings; or (b) there is a risk of family violence by one of the parties to the proceedings. (2) The interested person must file a notice in an approved form in the court hearing the proceedings, and serve a true copy of the notice upon the party referred to in paragraph (1)(a) or (b). (3) If the alleged family violence (or risk of family violence) is abuse of a child (or a risk of abuse of a child): (a) the interested person making the allegation must either file and serve a notice under subsection (2) of this section or under subsection 67Z(2) (but does not have to file and serve a notice under both those subsections); and (b) if the notice is filed under subsection (2) of this section, the Registry Manager must deal with the notice as if it had been filed under subsection 67Z(2). > Note: If an allegation of abuse of a child (or a risk of abuse of a child) relates to a person who is not a party to the proceedings, the notice must be filed in the court and served on the person in accordance with subsection 67Z(2). (4) In this section: > approved form means a form approved for the purposes of this section under the applicable Rules of Court. > interested person in proceedings for an order under this Part in relation to a child, means: (a) a party to the proceedings; or (b) an independent children’s lawyer who represents the interests of the child in the proceedings; or (c) any other person prescribed by the regulations for the purposes of this paragraph.