Queensland Consolidated Acts

STATUS OF CHILDREN ACT 1978 - SECT 11

11 Order requiring evidence to be given about paternity or parentage testing procedure to be carried out

(1) This section applies to a proceeding in relation to an application under section 10 .

(2) The court may make the following orders—

(a) an order requiring a named person to give evidence material to any question in issue in the proceeding;

(b) an order directing a named person to submit himself or herself or a child or adult mentioned in subsection (4) (b) or (c) , within the time stated in the order, to the carrying out of a parentage testing procedure on himself or herself or the child or adult (a
"parentage testing order" ).

(3) The order may be subject to conditions.

(4) A parentage testing procedure must not be carried out on a person under a parentage testing order unless—

(a) if the person does not have impaired capacity and is an adult or is a child who is 16 or 17 years—the person consents to the carrying out of the procedure; or

(b) if the person is a child who is under 16 years or is a child who is 16 or 17 years with impaired capacity—the child’s parent or guardian or a person exercising parental responsibility in relation to the child consents to the carrying out of the procedure; or

(c) if the person is an adult with impaired capacity—a person who may exercise powers in relation to personal matters for the adult under a power of attorney under the Powers of Attorney Act 1998 , or a guardian for the adult under the Guardianship and Administration Act 2000 , consents to the carrying out of the procedure.

(5) If a person fails to take any step required of the person for giving effect to a parentage testing order, the court may draw whatever inferences from that fact the court considers appropriate in the circumstances.

(6) For subsection (5) , a person is taken to have failed to take a step required of the person for giving effect to a parentage testing order if the person—

(a) is named in the order; and

(b) fails to consent to a parentage testing procedure being carried out on—

(i) himself or herself; or

(ii) a child or adult mentioned in subsection (4) (b) or (c) named in the order.

(7) However, the person is not liable to any penalty in relation to the contravention.

(8) In this section—

"impaired capacity" means capacity that is impaired capacity under the Guardianship and Administration Act 2000 .

"personal matter" means a matter that is a personal matter under the Powers of Attorney Act 1998 .