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Tuesday, 23 August 1994
Page: 89

Senator SPINDLER (6.48 p.m.) —by leave—I move:

2.Clause 9, page 8, after subclause (2), insert the following subclauses:

"(2A)Where a person who is a participant has or is granted custody of a child, the memorandum of agreement must contain an agreement by the participant to comply with the terms of the court order relating to that custody.

  "(2B)The memorandum of agreement must not contain any term, condition or other inclusion in relation to any consequence that could or would arise if the evidence given by the participant to the court differs from the evidence that is expected to be given by the participant.".

4.Clause 13, page 11, after paragraph (2)(f) insert the following paragraph:

  "(fa)where a person has a right of access to a child who is relocated with the witness—providing that person with such payments as are reasonable to defray the cost of exercising that right; and".

5.Clause 13, page 12, after subclause (2) insert the following subclause:

"(2A)Subject to subsection (2B), that action may not include relocating a child who is, or is reasonably believed to be, in the custody or the joint custody of, or subject to rights of access by, a person other than the witness.

  "(2B)Subsection (2A) does not apply if:

    (a)the person other than the witness agrees in writing to the relocation of the child; or

    (b)a court orders the relocation of the child.

  "(2C)Action of the kind specified in subsection (2) must not be taken if, in all the circumstances, it would expose any member of the public to an unreasonable risk of harm.  ".

Having moved amendments Nos 2, 4 and 5 together, I can inform the committee that I shall not be moving amendment No. 3. It is important that the bill specifically protects the interests of non-custodial parents, of custodial parents and particularly of children involved in arrangements which would have the potential to change the obligations of the person proposed to be a protected witness. The bill is silent on these matters. I believe that it is an important amendment.