Family Law Reform (Consequential Amendments) Act 1995
No. 140 of 1995
An Act to make consequential amendments because of the enactment of amendments of the Family Law Act 1975, and for other purposes
[Assented to 12 December 1995]
The Parliament of Australia enacts:
Short title
1. This Act may be cited as the Family Law Reform (Consequential Amendments) Act 1995.
Commencement
2.(1) Subject to subsections (2), (3), (4) and (5), this Act commences on the day on which it receives the Royal Assent.
(2) The amendments made by Parts 1, 2, 3, 4, 6, 8, 9 and 10 of Schedule 1 commence on the commencement of section 31 of the Family Law Reform Act 1995.
(3) The amendment made by Part 5 of Schedule 1 commences on the commencement of section 54 of the Family Law Reform Act 1995.
(4) The amendments made by Part 7 of Schedule 1 commence on the commencement of section 5 of the Family Law Reform Act 1995.
(5) Schedule 2 commences 14 days after the day on which this Act receives the Royal Assent.
Schedules
3. The Acts specified in the Schedules are amended in accordance with the applicable items in the Schedules.
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SCHEDULE 1 Section 3
CONSEQUENTIAL AMENDMENTS OF ACTS
PART 1—AMENDMENT OF THE AUSTRALIAN CITIZENSHIP ACT 1948
1. Subsection 5(1) (definition of “responsible parent”):
Omit the definition, substitute:
“ ‘responsible parent’ has the meaning given by subsection (2);”.
2. After subsection 5(1):
Insert:
“(2) For the purposes of this Act, a person is a ‘responsible parent’ in relation to a child if:
(a). the person is a parent of the child except where, because of orders made under the Family Law Act 1975, the person no longer has any parental responsibility for the child; or
(b). the person (whether or not a parent of the child) has a residence order in relation to the child; or
(c). the person (whether or not a parent of the child) has a specific issues order in relation to the child under which the person is responsible for the child’s long-term or day-to-day care, welfare and development; or
(d). the person (whether or not a parent of the child) has guardianship or custody of the child, jointly or otherwise, under a law in force in a foreign country or a law of the Commonwealth, a State or a Territory, whether because of adoption, operation of law, an order of a court or otherwise.
“(2A) Expressions used in paragraphs (2)(a), (b) and (c) have the same meaning as in the Family Law Act 1975.".
PART 2—AMENDMENT OF THE CHILD SUPPORT (ASSESSMENT) ACT 1989
Division 1—Miscellaneous consequential amendments
3. Section 5 (paragraph (b) of the definition of “parent”):
Omit “60B”, substitute “60H”.
4. Section 5 (subparagraph (a)(ii) of the definition of “relevant dependent child”):
Omit “access to”, substitute “contact with”.
SCHEDULE 1—continued
5. Section 5 (definitions of “custodian entitled to child support”, “eligible custodian”, “major access”, “shared custody child” and “substantial access”):
Omit the definitions.
6. Section 5:
Insert:
“ ‘carer entitled to child support’ has the meaning given by section 31 or, in relation to a case in which the liability to pay the child support concerned arose because of the acceptance by the Registrar of a child support agreement, the meaning given by section 93;
‘eligible carer’, in relation to a child, means:
(a). a person who is the sole or principal provider of ongoing daily care for the child; or
(b). a person who has major contact with the child; or
(c). a person who shares ongoing daily care of the child substantially equally with another person; or
(d). a person who has substantial contact with the child;
‘major contact’ has the meaning given by subsection 8(3);
‘shared care child’ means a child of whom each of the parents is an eligible carer because he or she shares ongoing daily care of the child substantially equally with the other parent;
‘substantial contact’ has the meaning given by subsection 8(3);”.
7. Paragraph 8(3)(c):
Omit “major access to”, substitute “ ‘major contact’ with”.
Note: The heading to section 8 is altered by omitting “substantial access" and substituting “major and substantial contact".
8. Paragraph 8(3)(d):
Omit “substantial access to”, substitute “ ‘substantial contact’ with”.
9. Subsection 22(1):
Omit “in the custody of, or under the guardianship, care and control or supervision of,”, substitute “under the care (however described) of”.
10. Subsection 25(2):
Omit “joint custodians”, substitute “joint carers”.
11. Subsection 25(4):
Omit “under the guardianship of, in the custody of, or care and control of,”, substitute “under the care (however described) of”.
SCHEDULE 1—continued
12. Paragraph 31(l)(a):
Omit “custodian entitled to child support”, substitute “ ‘carer entitled to child support’ ”.
13. Paragraph 31(l)(b):
Omit “liable parent”, substitute “ ‘liable parent’ ”.
14. Heading to Subdivision D of Division 2 of Part 5:
Omit “Custodial”, substitute “Carer”.
15. Section 43:
Omit “entitled custodian”, substitute “entitled carer”.
16. Paragraph 48(b):
Omit “Custodial”, substitute “Carer”.
17. Paragraph 48(da):
Omit “to whom the parent has substantial access”, substitute “with whom the parent has substantial contact”.
18. Paragraph 48(e):
Omit “to whom a parent has major access”, substitute “with whom a parent has major contact”.
19. Paragraph 48(e):
Omit “to whom a parent has substantial access”, substitute “with whom a parent has substantial contact”.
20. Heading to Subdivision G of Division 2 of Part 5:
Omit “custodians”, substitute “carers”.
21. Paragraph 54(l)(b):
Omit the paragraph, substitute:
“(b) the child support percentage of the liable parent in relation to the carer entitled to child support is to be taken to be the child support percentage that would, apart from this section but subject to paragraph (c), be applicable in relation to the liable parent multiplied by the factor calculated using the formula:
SCHEDULE 1—continued
where:
‘number of children in carer’s care’ is the number of children in relation to whom the liable parent is a liable parent in relation to the carer entitled to child support (with the number attributed to each child with whom a carer has major contact taken to be 0.65, the number attributed to each child with whom a carer has substantial contact taken to be 0.35 and the number attributed to each shared care child of the liable parent and the carer entitled to child support taken to be 0.5);
‘total number of children’ is the number of children in relation to whom the liable parent is a liable parent in relation to all of the carers entitled to child support (with the number attributed to each shared care child of the liable parent taken to be 0.5); and”.
22. Section 81:
Add at the end:
“Note: A parenting plan under the Family Law Act 1975 may, subject to the requirements of this Division, be a child support agreement.”.
23. Paragraph 84(7)(a):
Omit “child agreement”, substitute “parenting plan”.
24. Paragraph 93(1)(d):
Omit “custodian entitled to child support”, substitute “ ‘carer entitled to child support’ ”.
25. Paragraph 93(1)(e):
Omit “liable parent”, substitute “ ‘liable parent’ ”.
26. Subparagraph 117(2)(a)(iv):
Omit “access to”, substitute “contact with”.
27. Sub-subparagraph 117(2)(b)(i)(A):
Omit “access to”, substitute “contact with”.
28. Subsection 117(3):
Omit “access to”, substitute “contact with”.
29. Heading to Division 5 of Part 7:
Omit “custodian”, substitute “carer”,
30. Subsection 150(9):
Omit “64A(9)’ substitute “67M(6)”.
SCHEDULE 1—continued
Division 2—Consequential amendments of the words “custodian”, “custodians”, “custodian’s” and “custody”
31. Amendment of references to “custodian”:
Omit "custodian" (wherever occurring, unless otherwise indicated) from the following provisions, substitute "carer":
section 5 (paragraph (b) of the definition of “child support income amount” and definition of “disregarded income amount”)
subsection 12(2)
subsection 12(4)
subsection 17(1)
paragraph 25(1)(a)
subsection 25(4)
paragraph 31(1)(c)
paragraph 31(1)(d)
subsection 31(2)
section 43 (other than the reference amended by item 14 of this Schedule)
subsection 44(2)
paragraph 46(1)(b)
paragraph 47(1)(b)
paragraph 48(c)
paragraph 50(b)
paragraph 52(2)(d)
paragraph 54(1)(a)
the examples at the end of section 54
paragraph 56(4)(a)
paragraph 56(4)(b)
paragraph 57(8)(a)
paragraph 57(8)(b)
section 59 (paragraph (a) of the definition of “income amount order”)
subsection 66(1)
subsection 67(1)
subparagraph 74(1)(b)(i)
paragraph 75(3)(c)
subsection 76(1)
paragraph 76(2)(e)
paragraph 76(2)(j)