Federal Register of Legislation - Australian Government

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SLI 2006 No. 139 Regulations as made
These Regulations amend the Family Law (Child Abduction Convention) Regulations 1986 to reflect changes in child-related terminology and dispute resolution procedures made to the Family Law Act 1975 by recent reforms.
Administered by: Attorney-General's
Registered 26 Jun 2006
Tabling HistoryDate
Tabled HR08-Aug-2006
Tabled Senate08-Aug-2006
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Family Law (Child Abduction Convention) Amendment Regulations 2006 (No. 1)1

Select Legislative Instrument 2006 No. 139

I, PHILIP MICHAEL JEFFERY, 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 22 June 2006

P. M. JEFFERY

Governor-General

By His Excellency’s Command

PHILIP RUDDOCK


1              Name of Regulations

                These Regulations are the Family Law (Child Abduction Convention) Amendment Regulations 2006 (No. 1).

2              Commencement

                These Regulations commence on 1 July 2006.

3              Amendment of Family Law (Child Abduction Convention) Regulations 1986

                Schedule 1 amends the Family Law (Child Abduction Convention) Regulations 1986.


Schedule 1        Amendments

(regulation 3)

  

[1]           Regulation 23, note

substitute

Note   Paragraph 111B (4) (d) of the Act provides that, for the purposes of the Convention, subject to any order of a court that is in force, a person with whom a child is to spend time or communicate under a parenting order, should be regarded as having a right of access to the child.

[2]           Paragraph 25 (4) (a)

substitute

                (a)    an order specifying with whom a child is to spend time or communicate;

[3]           Regulation 26, heading

substitute

26            Reports by family consultants

[4]           Paragraph 26 (1) (a)

omit

a family and child counsellor or welfare officer

insert

a family consultant

[5]           Subregulation 26 (2)

substitute

         (2)   A family consultant may include in a report, in addition to the matters required to be included in the report, any other matter that relates to the care, welfare or development of the child.

[6]           Subregulations 26 (3), (4) and (5)

omit

family and child counsellor or welfare officer

insert

family consultant

[7]           Subparagraph 30 (2) (b) (v)

omit

a family counsellor, child counsellor or other welfare officer for the preparation of a report by that counsellor or officer.

insert

a family consultant for the preparation of a report by that consultant.

[8]           Schedule 3, Form 4, paragraph 5, heading

substitute

                 Details concerning rights of access/time spent or communication with the child

[9]           Schedule 3, Form 4, paragraph 5, second occurring

omit

to establish or secure contact orders under Australian law.

insert

to establish or secure a parenting order under Australian law specifying with whom a child is to spend time or communicate.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.