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Family Law Amendment Regulations 2001 (No. 2)

Authoritative Version
  • - F2001B00174
  • No longer in force
SR 2001 No. 117 Regulations as made
These Regulations amend the Family Law Regulations 1984.
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 HR07-Jun-2001
Tabled Senate18-Jun-2001
Gazetted 06 Jun 2001
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Family Law Amendment Regulations 2001 (No. 2)1

Statutory Rules 2001 No. 1172

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Family Law Act 1975.

Dated 30 May 2001

WILLIAM DEANE

Governor-General

By His Excellency’s Command

DARYL WILLIAMS


1              Name of Regulations

                These Regulations are the Family Law Amendment Regulations 2001 (No. 2).

2              Commencement

                These Regulations commence on gazettal.

3              Amendment of Family Law Regulations 1984

                Schedule 1 amends the Family Law Regulations 1984.


Schedule 1        Amendments

  

(regulation 3)

[1]         Paragraph 12BA (c)

omit

Minister for Youth and Community Services;

insert

Secretary to the Department of Human Services;

[2]         Subparagraph 12BA (d) (i)

substitute

                          (i)    Chief Executive of the Department of Education and Community Services; and

[3]         Regulation 21F, heading

substitute

21F         Provision of information by donor — Form 2

[4]         Paragraph 21F (1) (a)

substitute

                (a)    completed an affidavit in accordance with Form 2 in Schedule 1, immediately before the sampler takes the bodily sample from the donor; and

[5]         Subregulation 21F (2)

omit

[6]         Subregulation 21F (3)

omit

and the declaration referred to in subregulation (2)

[7]         Paragraphs 21K (2) (b) and (c)

substitute

               (b)    the statement completed under regulation 21J.

[8]         Schedule 1, Form 1

omit

DATED this             day of                          19  .

insert

DATED:

[9]         Schedule 1, Forms 2 and 3

substitute

Form 2        Parentage testing procedure
Affidavit by/in relation to donor

(subregulation 21F (1))

PARENTAGE TESTING PROCEDURE

AFFIDAVIT BY/IN RELATION TO DONOR

NAME OF CHILD WHOSE PARENTAGE IS IN ISSUE:  (insert child’s name)

NAME OF DONOR:  (insert donor’s name)

DATE OF BIRTH OF DONOR:  (insert donor’s date of birth)

*RELATIONSHIP/*PUTATIVE RELATIONSHIP OF DONOR TO CHILD WHOSE PARENTAGE IS IN ISSUE:  (if donor is not the child whose parentage is in issue, insert relationship of donor to child)

DATE OF COLLECTION OF SAMPLE FROM DONOR:  (insert date of collection)

I, (insert name), of (insert address), (insert occupation), *make oath and say/*affirm:

 

IMPORTANT

Either Part 1 or 2 of this form must be completed and duly sworn or affirmed by the person completing it, and the signature witnessed, on the day the donor’s sample is collected.

PART 1

Part 1 must be completed if the person swearing or affirming the affidavit is the donor.

1.      My racial background is (insert details).

2.      In the last 2 years:

(a)    I *have/*have not suffered from leukaemia

(b)    I *have/*have not received a bone marrow transplant.

3.      The particulars of the *leukaemia/*bone marrow transplant are as follows:

         (insert particulars).

4.      I *have/*have not received a transfusion of blood or a blood product within the last 6 months.

*5.    The particulars of the transfusion of blood or blood product are as follows:

         (insert particulars).

PART 2

Part 2 must be completed on behalf of a child or adult not capable of swearing or affirming the affidavit.

1.      I am the (state relationship or other status in relation to the donor) of (insert name of donor) who was born on (insert date of birth of donor).

2.      (insert name of donor) is a person whose racial background is (insert details).

3.      In the last 2 years:

(a)    the donor *has/*has not suffered from leukaemia

(b)    the donor *has/*has not received a bone marrow transplant.

*4.    The particulars of the *leukaemia/*bone marrow transplant are as follows:

         (insert particulars).

5.      The donor *has/*has not received a transfusion of blood or a blood product within the last 6 months.

*6.    The particulars of the transfusion of blood or blood product are as follows:

         (insert particulars).

*SWORN/*AFFIRMED by the
deponent at

on                                20

                                                                                             (Signature of deponent)

BEFORE ME: (insert name of person
before whom the affidavit is sworn
or affirmed
)

                                                                                             (Signature of person
                                                                                             before whom affidavit is
                                                                                             sworn or affirmed
)

*Omit if not applicable.

[10]      Schedule 1, Form 4

omit

DATED:                         19    .

insert

DATED:

[11]      Schedule 1, Form 5, Part I, item 1

omit

(insert address)

insert

(insert street address of laboratory where testing was performed)

[12]      Schedule 1, Form 5, Part I, item 4

omit everything after

(insert name

insert

and street address of *laboratory/*laboratories where testing was performed) on (insert date/s).

[13]      Schedule 1, Form 5, Part I, items 6, 7 and 8

substitute

*6.     I report that the results of the parentage testing *procedure/*procedures carried out on the bodily *sample/*samples of the donors specified above show that (insert name of putative parent) is not excluded from identification as the *father/*mother of (insert name of child whose parentage is in issue).

[OR]

*6.     I report that the results of the parentage testing *procedure/*procedures carried out on the bodily *sample/*samples of the donors specified above show that (insert name of putative parent) is excluded from identification as the *father/*mother of (insert name of child whose parentage is in issue).

*7.     I further report that the probability that (insert name of putative parent) is the genetic *father/*mother of (insert name of child whose parentage is in issue) has been calculated as follows:

                 Putative *father/*mother is (insert figure) times more likely to produce a child with the required alleles than a *man/*woman drawn randomly from the general population.  This equates to a Relative Chance of *Paternity/*Maternity of (insert figure).

[OR]

*7.     I further report that the exclusion is based on contradictions of the laws of genetic inheritance in (insert amount) of the (insert amount) genetic markers: (insert the names of the genetic markers and whether the contradictions are of the first or second order).

*8.     I further report (if necessary, provide further explanation of results detailed in item 6 or 7, or both).

[14]      Schedule 1, Form 5, Part II, item 1

substitute

1.      The bodily *sample/*samples referred to in Part I of this report were received at (insert name and street address of laboratory at which parentage testing *procedure was/*procedures were carried out) on the following date/s:

(a)    (specify sample¾ (insert date)

*(b)  (specify sample¾ (insert date)

*(c)  (specify sample¾ (insert date)

*(d)  (specify sample¾ (insert date)

*(e)  (specify sample¾ (insert date).

[15]      Schedule 1, Form 5, Part II, both items 4

substitute

         Item applying if parentage testing procedure carried out was red cell antigen blood grouping, red cell enzyme blood grouping, HLA tissue typing or testing for serum markers

*4.    The results set out above in item 3 refer to the parentage testing *procedure/*procedures carried out *by me/*under my supervision on (insert date/s).  The bodily *sample was/*samples were tested with the same reagents and in parallel with appropriate known controls. Results from controls show that all reagents were of correct specificity and normal potency.  I am satisfied that the results obtained are true and that they have been correctly transcribed from the laboratory records.

[OR]

         Item applying if parentage testing procedure carried out was DNA typing

*4.     The results set out above in item 3 refer to the parentage testing *procedure/*procedures carried out *by me/*under my supervision on (insert date/s).  The bodily *sample was/*samples were tested with the same probes/primers and in parallel with appropriate known controls.  Fragment length and/or hybridisation patterns were in accordance with scientifically accepted standards.  I am satisfied that the results obtained have been correctly coded from the fragment and/or hybridisation pattern and that they have been correctly transcribed from the laboratory records.

[16]      Schedule 1, Form 5, after item 4, second occurring

omit

DATED:                         19    .

insert

DATED:

[17]      Schedule 5, item 22

substitute

22

Child Protection Act 1999

Queensland

[18]      Schedule 5, items 42 and 43

substitute

42

Children, Young Persons and Their Families Act 1997 (sections 11, 20, 21, 22, 26, 42, 44, 46, 76, 97 and 98)

Tasmania

[19]      Schedule 5, item 57

substitute

57

Children and Young People Act 1999:

·    Chapter 7 (Division 2 of Part 1, Divisions 1, 2 and 3 of Part 2, and Divisions 1 to 7 of Part 3)

·    Chapter 8

Australian Capital Territory

Notes

1.       These Regulations amend Statutory Rules 1984 No. 426, as amended by 1985 No. 183; 1986 Nos. 140 and 393; 1987 Nos. 85 and 175; 1988 Nos. 42, 44, 164 and 165; 1989 Nos. 8, 53, 74, 155, 205, 235 and 326; 1990 Nos. 294 and 373; 1991 Nos. 401 and 447 (disallowed by the Senate on 3 March 1992); 1992 Nos. 33, 160, 287, 376 and 404; 1994 Nos. 86 and 343; 1995 Nos. 297, 400 and 419; 1996 Nos. 71, 188 (as amended by 1996 No. 201), 253 and 265; 1997 Nos. 157 (disallowed by the Senate on 24 November 1997), 232, 251 and 376; 1998 Nos. 39, 121, 222, 270 and 329; 1999 Nos. 39 and 173; 2000 Nos. 16, 81, 207 and 254; 2001 No. 31.

2.       Notified in the Commonwealth of Australia Gazette on 6 June 2001.