The Law Handbook 2024

Index 1197 parental responsibilities 289–90 registration of birth 286–8 social security benefits 286, 290–1 surname 282 drugs and alcohol apprehension and detention 142 federal offences 146, 148 supply to 138, 139, 143 trafficking to 138 volatile substances search 141 evidence by 41 ground rules hearings 215 sexual offence victims 165–6 Family Dispute Resolution Service (FDRS) 65–7 Family Law Act proceedings 265–8 female genital mutilation 155 fingerprints 185–6 forensic procedures 189 foster care 48, 49 grandparents’ rights 891–3 human tissue donations 874 incest 157–8 independent children’s lawyer 266–7 infringement notice system (CAYPINS) 40, 103, 118 internet access 748–50 interrogation 179, 193 independent person 193 intestate estate 911, 915 Kids Helpline 305 legal capacity 676–7 maintenance see child support medical treatment, consent to 291, 869 non-therapeutic treatment 291, 869 transgender/transsexual procedures 291–2 Melbourne Youth Justice Centre 45 name 282, 310–11 adopted children 311 changing 310–11 de facto couples 282, 310 dispute between parents 310–11 registration of 282, 286, 310 surname 282 parentage see parentage parental leave 1056 parental responsibility 265–8, 289–90 abuse or family violence 265–6 adoption 267 best interests of child 265 conduct of parents 266 domestic relationship 289–90 family consultant’s report 267 Federal Circuit and Family Court jurisdiction 267 independent children’s lawyer 266–7 information, order for 268 legislation 265 Magistrates’ Court jurisdiction 267–8 overseas travel 267 parentage testing 266 parenting orders 268 same-sex parents 289–90 shared 265 sperm donor 280–2 status quo 266 supervision orders 267 terminology 265 wishes of child 266 parenting orders 265, 268 application for 268 arrest for breach 268 cessation 268 death of parent, effect 268 family dispute resolution 65 Family Law Act 256 family violence intervention orders and 297 grandparents 892 interference with child subject to 268 recovery order 268 sperm donor seeking 280–2 variation 268 parenting plans 289 child support and 270 family dispute resolution 65 parents with disability 788–9 parole 45 paternity see parentage permanent care order 49 personal injury damages, limitation of actions 933 police cautioning program 42 police interview 179, 184, 193 independent person 193 protection see child protection public transport fines 105 recovery orders 268 registration of birth 286–8 remand in custody 41, 193 residence orders 268, 289 death, effect on 268 Ropes Program 42 same-sex couples 278–82, 289, 310 school see school sexual offences against see sexual offences against children shared parental responsibility 265 single parents 282–3 Centrelink benefits 282–3, 286, 288 spent convictions 243–4 surname 282 therapeutic treatment order 50 therapeutic treatment (placement) order 50 UN Convention on Rights of the Child 1006 wills 899 working with children checks 250–2 Youth Parole Board 45 children and young persons infringement notice system (CAYPINS) 40, 103 COVID-19 related fines 118 Children at Risk Register 46 appeal against recording case in 46 Children’s Court 19, 39–50 adjournment of hearing 41 appeals 45 attendance at hearing 41 bail 41, 45, 195 best interests of child 40, 48 family violence and 303 cases heard in 39 character witnesses 43 child, definition 39 child protection 39, 40, 46–50 applications 46–9 conciliation conference 47 DFFH initiating application 47 DFFH investigation 46 grounds for application 46 instructions 40 investigations 46 legal representation 40, 47 permanent care orders 49 protection orders 46, 48–9 protection report 47 reports 46, 47 temporary assessment order 47 voluntary agreement with DFFH 46 wishes of child 40, 48 committal proceedings 39, 44–5 compensation order 44 conciliation conference 47 conciliation counselling 49 contact details 28–9, 50 criminal cases 39 appeals 45 committal proceedings 39, 44–5 dismissal of charge 43 evidence 41 legal representation 40 pre-sentence report 36, 41 procedure 41 sentencing 43–4 serious offences now heard in County Court 39 trial 45 Criminal Division 39, 40 deferral of sentencing 41 detention, sentences of 44 dismissal of charge 43 undertaking, with 43 dispute resolution 47 diversion programs 42–3 evidence, giving 41 Family Division 39 legal representation, 40 family preservation order 48 family reunification order 48 fines 43 fingerprints, order for 186 good behaviour bonds 43 group conferencing 41–2 hearings 41 infringement notice system (CAYPINS) 40, 103, 118 interim accommodation order 47–8 interpreters 41 intervention order applications 39 irreconcilable differences applications 39, 49 jurisdiction 39 Koori Court 40, 50 legal aid 63, 64 legal representation 40, 47 locations 29, 50 Neighbourhood Justice Centre 40, 50 permanent care orders 49 president 39 probation 44 procedure 41 protection orders 46–50 protection report 47 restitution order 44 Ropes Program 42 secure welfare service placement 47–8 sentencing 43–4 deferral of 41