Federal Register of Legislation - Australian Government

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Family Law Regulations (Amendment)

Authoritative Version
  • - F1996B04152
  • No longer in force
SR 1995 No. 297 Regulations as made
These Regulations amend the Family Law Regulations.
Administered by: Attorney-General's
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled Senate13-Nov-1995
Tabled HR20-Nov-1995
Gazetted 26 Oct 1995
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Family Law Regulations (Amendment) Proclamation 1995 No. 297

EXPLANATORY STATEMENT

STATUTORY RULES 1995 No. 297

Issued by the Authority of the Attorney-General

Family Law Act 1975

Family Law Regulations (Amendment) Proclamation

Subsection 125(1) of the Family Law Act 1975 (the Act) empowers the Governor-General to make regulations for the purposes of the Act.

The amendments to the Family Law Regulations first, give effect to Tasmania's amendment of its referral of power to the Commonwealth prescribing specific provisions of Tasmanian legislation as child welfare laws pursuant to the Family Law Act 1975 and, secondly, updates references to prescribed child welfare laws for South Australia.

The Standing Committee of Attorneys-General has agreed to amend State referral of powers legislation and section 60H of the Commonwealth Family Law Act 1975 to remedy the jurisdictional gap between the Family Court and State child welfare courts where neither court has power to make effective orders in relation to children subject to State child welfare laws. It was further agreed to amend States referral of powers legislation in relation to maintenance for children subject to State child welfare legislation.

The Commonwealth enacted the Law and Justice Legislation Amendment Act 1992 to give effect to this decision.

At present, the provisions amended by the Law and Justice Legislation Amendment Act 1992 only operate in relation to the Territories. The Governor-General must make a Proclamation pursuant to subsection 60E(6) of the Family Law Act 1975 for the amendments to apply to a State.

Tasmania was the first State to give effect to that decision and enacted the Commonwealth Powers (Family Law) Amendment Act 1994 (Tas). The amendment to the regulations give effect to Tasmania's enactment and will also slightly extend the jurisdiction of the Family Court and more clearly define the matters reserved for Tasmanian State child welfare courts. That Act will commence on 1 November 1995. A Proclamation pursuant to subsection 60E 6) of the Family Law Act 1975 declares that amendments to Part VII of the Family Law Act 1975 made by the Law and Justice Legislation Amendment Act 1992 extend to Tasmania from 1 November 1995.

South Australia has requested that laws prescribed by schedule 5 of the Family Law Regulations be up-dated to include current references to South Australian legislation that has been repealed and replaced since originally inserted in the schedule.

Section 60 of the Family Law Act 1975 defines "child welfare laws" as "a law of a State or Territory prescribed, or included in a class of laws of a State or Territory prescribed, for the purposes of this definition".

Schedule 5 to the Family Law Regulations lists laws which are prescribed as "child welfare laws" for the purposes of the definition of that term in section 60 of the Family Law Act 1975.

Details of the Family Law Regulations are as follows:

Regulation - provides for the Regulations to commence on 1 November 1995.

Regulation 2 - is a formal provision.

Regulation 3 - Regulation 3 amends Schedule 5 by referring to the Tasmanian legislation as listed in schedule 1 to the Commonwealth Powers (Family Law) Amendment Act) 1994 (Tas).

Regulation 3 also replaces the South Australian legislation with up to date references to their legislation. This will ensure that the references to South Australian legislation are current references.