Section 70NAD — Family Law Act 1975: Meaning of reasonable excuse for contravening a child-related order

Where person did not understand obligations (1) A person has a reasonable excuse for contravening a child-related order if: (a) the person contravened the order because at the time of the contravention the person did not understand the obligations imposed by the order; and (b) the court considers that the person ought to be excused in respect of the contravention. (2) If the court decides that a person has a reasonable excuse under subsection (1) for contravening a child-related order, the court must explain to the person, in language likely to be readily understood by the person: (a) the obligations imposed on the person by the order; and (b) the consequences that may follow if the person contravenes the order again. Protection of health or safety of a person (3) A person has a reasonable excuse for contravening a child-related order if: (a) the person contravened the order because the person reasonably believed that the person’s actions constituting the contravention were necessary to protect the health or safety of the person, a child or any other person; and (b) the period of the contravention was not longer than necessary to protect the health or safety of the person, child or other person. Section does not limit circumstances of a reasonable excuse (4) This section does not limit the circumstances in which a person may have a reasonable excuse for contravening a child-related order.