At the time of the reference, the only remedy generally available to a person who had a custody order in his or her favour was to apply to the court for an order of attachment or committal for contempt against the person in default. The Commission was asked to consider whether police and authorised officers of the Department of Community Welfare should be empowered to enforce child custody and access orders without further court proceedings, that is, by physically removing the child from the person in default.
Terms of Reference
In 1974 the Commission received a general reference to review the law relating to the powers of police to enforce court orders where the custody of children was involved.
Outcomes
On 27 April 1976, the Attorney General informed the Commission that s 64 of the Law Act 1975 (Cth) covered the matter of concern and advised the Commission that the reference was withdrawn.
