The Law Handbook 2024

1196 Index Chief Health Officer 876 Chief Psychiatrist 839–40, 849, 850 assistance from 849 contact details 850 human rights obligations 850 right of communication with 823 role and functions 839–40 suspension of leave 811 child abuse see also family violence Children at Risk Register 46 appeal against recording case in 46 court intervention 265 DFFH investigation 46 Family Court jurisdiction 39 family dispute resolution not compulsory 257 illegal internet content 749 intervention order 39, 73 Kids Helpline 305 knowmore legal 389 limitation of actions for personal injury 933 mandatory reporting 46, 160 protection orders see child protection protective intervention report 46 sexual see sexual offences against children child abuse material 160–2 accessing 161 assisting person to avoid arrest 161 definition 160–1 distributing 161 exceptions 161–2 illegal internet content 749 ISPs and ICHs reporting 749 possession 161 producing 161 Child and Family Services (CAFS) Ararat 392 Bacchus Marsh 392 Ballarat 392 Daylesford 393 Child Information Sharing Scheme (CISS) 299 child maintenance see also child support adult child 269 bankruptcy, provable debt 374, 376 order 269, 288 parent’s contribution 269 paternity disputed 288 child pornography see child abuse material child protection Aboriginal children 48 best interests of child 40, 48 care by secretary order 48 Children’s Court 39, 40, 46–50 applications 46–9 conciliation conference 47 instructions 40 legal representation 40, 47 protection orders 48–50 DFFH application for orders 47, 49 investigations 46 powers and responsibilities 46, 49–50 voluntary agreement with 46 disability, parents with 788–9 disposition report 47 dispute resolution 47 family preservation order 48 family reunification order 48 grandchildren, order regarding 892 interim accommodation order 47–8 investigations 46 long-term care order 48 magistrate’s order 48–9 permanent care orders 49 privacy protection 1124 protection orders 48–9 application for 46–9 considerations in making 48 extension of 48 family violence intervention order and 296 grounds for application 46 legal aid 63, 64 protection report 47 reports 46, 47 temporary assessment order 47 undertaking 48 wishes of child 40, 48 child support 269–75 AAT, review application to 272 adult child 269 advice 275 agreements 271 binding 271 limited 271 terminating 271 amount 270 artificially conceived child 270 assessment 270 changing 271–2 debt, of 274 default income 271 departure determination 270 fixed 270 notional 271 objection 272 bankruptcy, provable debt 374, 376 Centrelink and 273, 274–5, 288 change of circumstances 271–2 changing 271–2 child maintenance order 269 288 Child Support Scheme 269–75 collection 273–4 contacts 275 Costs of Children Table 270 court action to recover 272–3 court, application to 272–3 debt 274 deduction from salary or wages 273 departure prohibition order 274 appeal against 273 domestic relationships 288–9 enforcement order 273, 274 errors, correcting 271 estimate 271 Family Tax Benefit and 271, 273, 274 family violence and 275 fixed 270 interim care determination 270 late payment penalties 274 Legal Practitioner’s Guide 275 legislation 269 Male Total Average Weekly Earnings (MTAWE) 270–1 maximum payable 270 minimum payable 270 non-agency payments (NAP) 274 objection 272 AAT, application to 272 court, application to 272–3 online estimator 270 parentage testing 267, 269 parents’ duty to support child 269, 288 parents reconciling 271–2 paternity disputed 269 post separation costs 272 presumption of paternity 269 private collection arrangements 273 record of care arrangements 270 regular care, definition 270 same-sex parents 270 scheme 269–75 Services Australia 269–75 collection by 273–4 determination by 270 objection to decision of 272 shared care, definition 270 social security benefits and 271, 273, 274 sperm donor 270 stay order 273 tax return 271 childbirth maintenance 268 children and young people abuse see child abuse sexual see sexual offences against children adoption see adoption arrest 193 ART, conceived by 278, 280–2 parentage 278, 280–2 sperm donor 278, 280–2 baby bonus (former) 330 bail 41, 45, 201 application for 201 compelling reason, 208 hearing 198 refusal, procedure on 198 bankruptcy 367 best interests 40, 48, 265 changing name 310, 311 family violence and 303 blood transfusions 874 caution 42 changing name 310–11 child, definition 39 Children’s Court see Children’s Court contracts 352, 676–7 COVID-19 related fines 117–18 criminal cases see Children’s Court criminal record and working with 250 working with children checks 250–2 detention 44, 45, 193 DHHS powers and responsibilities 46, 49–50 disability, parents with 788–9 DNA sample offences 187 domestic relationships 278–92, 310 adoption 287–8 artificially conceived children 278–82 financial support 288–9 inheritance 285–6 name of child 282, 310 parentage 278, 280–5