71Exclusion of child respondent from residence

71 Exclusion of child respondent from residence (1) This section applies if the court decides to make a personal safety intervention order against a respondent who is a child. (2) In making a decision about whether to include an exclusion condition in the personal safety intervention order, the court must have regard to all the circumstances of the case, including the following— (a) the desirability of minimising disruption to the protected person and any child living with the protected person and the importance of maintaining social networks and support which may be lost if the protected person and the child were required to leave the residence or were unable to return to or move into the residence; (b) the desirability of continuity and stability in the care of any child living with the protected person; (c) the desirability of allowing any childcare arrangements, education, training or employment of the protected person or any child living with the protected person to continue without interruption or disturbance; (d) the desirability of the respondent being supported to gain access to appropriate educational services and health services; (e) the desirability of allowing the education, training or employment of the respondent to continue without interruption. (3) The court may include an exclusion condition in the order only if it is satisfied that if the respondent is excluded from the residence the respondent will have appropriate alternative accommodation and appropriate care and supervision. (4) If the respondent is an Aboriginal or Torres Strait Islander child, for the purposes of deciding under subsection (3) whether the respondent will have appropriate alternative accommodation and appropriate care and supervision, the court must have regard to the following— (a) as a priority, an Aboriginal or Torres Strait Islander child should live within the child's Aboriginal or Torres Strait Islander extended family or relatives or, if that is not possible, other extended family or relatives; (b) the need for the child to keep the child's culture and identity through contact with the child's community. (5) If the court includes an exclusion condition in the personal safety intervention order, the court must notify the Secretary to the Department of Human Services that the order has been made.