New Mandatory Form – Notice of Risk – Federal Circuit Court of Australia
As of 12 January 2015, all Initiating Applications and Responses relating to parenting matters filed in the Federal Circuit Court MUST have an accompanying Notice of Risk form.
Link to the form and an extract from the Federal Circuit Court.
When is this form used?
The Notice of Risk is a mandatory form which must be used by any person who files an Initiating Application or Response seeking parenting orders on or after 12 January 2015.
It is also the prescribed notice when allegations for the purposes of subsections 67Z(2) or 67ZBA(2) of the Family Law Act 1975 are raised on or after 12 January 2015. IF YOU TICK ‘YES’ TO QUESTION 2 OF THE FORM, the prescribed child welfare authority must be provided with a copy of this Notice of Risk by the Registry Manager who may provide such other court documents and information as is required to enable investigation of the contents of the Notice of Risk.
The form also fulfils the court’s obligation under paragraph 69ZQ91)(aa) of the Family Law Act 1975. See Rule 22A.02 of the Federal Circuit Court Rules 2001
An Application or Response will not be accepted for filing without the Notice
The purpose of the Notice of Risk is to better identify a wider range of risks to children in parenting proceedings assisting the Court to fulfil its obligation pursuant to section 69ZQ of the Family Law Act 1975. It will also enable more timely notification to relevant child protection authorities and facilitate the early identification of a range of risks and ensure matters receive appropriate and targeted early intervention.
The Notice of Risk will replace the Notice of Child Abuse, Family Violence, or Risk of Family Violence (Form 4).
For further information, including information on the South Australian pilot, regarding the new form please see: Presentation on Notice of Risk
This publication has been carefully prepared, but it has been written in general terms and should be viewed as broad guidance only. It does not purport to be comprehensive or to render advice. No one should rely on the information contained in this publication without first obtaining professional advice relevant to their own specific situation.