Commonwealth Numbered Acts Commonwealth Numbered ActsPart 1 -- Amendments commencing 1 July 2016
Federal Court of Australia Act 1976
1 Section 4
Insert:
"administrative affairs " of the Court has a meaning affected by subsection 18A(1A).
"Australian court " means a federal court or a court of a State or Territory.
"Chief Executive Officer " means the Chief Executive Officer and Principal Registrar of the Court.
Note: The Chief Executive Officer is appointed under section 18C. A person is appointed to act as the Chief Executive Officer under section 18M.
"corporate services " of the Court has the meaning given by subsection 18A(1B).
"Family Court Chief Executive Officer " means the Chief Executive Officer of the Family Court of Australia.
"Federal Circuit Court Chief Executive Officer " means the Chief Executive Officer and Principal Registrar of the Federal Circuit Court of Australia.
"finance law " has the same meaning as in section 8 of the Public Governance, Performance and Accountability Act 2013 .
2 Section 15A (heading)
Repeal the heading, substitute:
15A Consultation between the Chief Justice of the Court and the Chief Justice of the Family Court
3 Section 15A
Omit "Chief Justice and the Chief Judge", substitute "Chief Justice of the Court and the Chief Justice".
4 Division 1 of Part IIA (heading)
Repeal the heading, substitute:
Division 1 -- Management responsibilities of Chief Justice and Chief Executive Officer
5 After subsection 18A(1)
Insert:
(1A) The administrative affairs of the Court do not include the corporate services of the Court.
(1B) The following matters relating to the Court are the corporate services of the Court:
(a) communications;
(b) finance;
(c) human resources;
(d) information technology;
(e) libraries;
(f) procurement and contract management;
(g) property;
(h) risk oversight and management;
(i) statistics;
(j) any other matter prescribed by a determination under subsection (5).
6 Subsection 18A(2)
Omit "For that purpose,", substitute "For the purpose referred to in subsection (1),".
7 Subsection 18A(4)
Omit "$250,000", substitute "$1,000,000".
8 At the end of section 18A
Add:
(5) The Attorney-General may, by legislative instrument, determine matters that are the corporate services of the Court (see paragraph (1B)(j)).
9 Section 18B (heading)
Repeal the heading, substitute:
10 Section 18B
Omit "Registrar of the Court", substitute "Chief Executive Officer".
11 After section 18B
Insert:
18BAA Arrangements with other courts
(1) The Chief Justice may arrange with the chief judicial officer (however described) of another Australian court for an officer or officers of that court to perform on behalf of the Court any or all of the following functions:
(a) the receipt of documents to be lodged with or filed in the Court;
(b) the signing and issuing of writs, commissions and process for the purposes of any proceedings in the Court;
(c) the authentication of orders of the Court;
(d) the administration of oaths and affirmations, and the witnessing of affidavits, for the purposes of any proceedings in the Court;
(e) such other non-judicial functions as are permitted by the Rules of Court to be performed under such an arrangement;
(f) such other non-judicial functions as the Chief Justice considers appropriate.
(2) If an arrangement under subsection (1) is in force in relation to the performance by an officer of an Australian court of a function on behalf of the Court, the officer may perform that function despite any other provision of this Act or any other law of the Commonwealth.
(3) A function performed on behalf of the Court in accordance with an arrangement under subsection (1) has effect as if the function had been performed by the Court.
(4) Copies of an arrangement under subsection (1) are to be made available for inspection by members of the public.
(5) For the purposes of this section, a member of the staff of an Australian court is taken to be an officer of that court.
12 Division 1A of Part IIA
Repeal the Division.
13 Division 2 of Part IIA (heading)
Repeal the heading, substitute:
Division 2 -- Appointment, powers etc. of Chief Executive Officer
14 Section 18C
Repeal the section, substitute:
18C Establishment and appointment of Chief Executive Officer
(1) There is to be a Chief Executive Officer and Principal Registrar of the Court.
(2) The Chief Executive Officer is to be appointed by the Governor-General by written instrument on the nomination of the Chief Justice.
15 Section 18D (heading)
Repeal the heading, substitute:
18D Powers of Chief Executive Officer
16 Section 18D
Omit "Registrar" (wherever occurring), substitute "Chief Executive Officer".
17 Section 18E (heading)
Repeal the heading, substitute:
18E Remuneration of Chief Executive Officer
18 Section 18E
Omit "Registrar" (wherever occurring), substitute "Chief Executive Officer".
19 Section 18F (heading)
Repeal the heading, substitute:
18F Terms and conditions of appointment of Chief Executive Officer
20 Sections 18F, 18G and 18H
Omit "Registrar" (wherever occurring), substitute "Chief Executive Officer".
21 Section 18J (heading)
Repeal the heading, substitute:
18J Outside employment of Chief Executive Officer
22 Subsection 18J(1)
Omit "Registrar", substitute "Chief Executive Officer".
23 Section 18K
Omit "Registrar" (wherever occurring), substitute "Chief Executive Officer".
24 Section 18L (heading)
Repeal the heading, substitute:
18L Disclosure of interests by Chief Executive Officer
25 Section 18L
Omit "Registrar" (wherever occurring), substitute "Chief Executive Officer".
26 Section 18M (heading)
Repeal the heading, substitute:
18M Acting Chief Executive Officer
27 Section 18M
Omit "Registrar" (wherever occurring), substitute "Chief Executive Officer".
28 Section 18N (heading)
Repeal the heading, substitute:
18N Personnel other than the Chief Executive Officer
29 Subsection 18N(1)
Omit "the Registrar", substitute "the Chief Executive Officer".
30 Before paragraph 18N(1)(a)
Insert:
(aa) such Registrars as are necessary;
31 Paragraph 18N(1)(b)
Omit "Deputy Registrars and".
32 Subsection 18N(2)
Omit "Registrar", substitute "Chief Executive Officer".
33 Subsection 18N(3)
Repeal the subsection.
34 Subsections 18N(4) and (6)
Omit "Registrar", substitute "Chief Executive Officer".
35 Subsection 18N(6)
After "the purposes of ", insert "the administrative affairs of".
36 Sections 18Q and 18R
Repeal the sections.
37 Subsection 18S(1) (note)
Repeal the note.
38 At the end of section 18S
Add:
(4) A report prepared under this section may be included in a report prepared and given to the Attorney-General under section 46 of the Public Governance, Performance and Accountability Act 2013 in relation to the listed entity referred to in section 18ZB.
39 Section 18X (heading)
Repeal the heading, substitute:
18X Proceedings arising out of the administrative affairs of Court
40 Section 18X
Omit "Registrar", substitute "Chief Executive Officer".
41 Section 18Y
Omit "The Registrar, a District Registrar, a Deputy Registrar", substitute "The Chief Executive Officer, a Registrar, a District Registrar".
42 Section 18Y
Omit " Registrar, District Registrar, Deputy Registrar ", substitute " Chief Executive Officer, Registrar, District Registrar ".
43 After Part IIA
Insert:
Part IIB -- Corporate services and other matters
Division 1 -- Corporate services
(1) The Chief Executive Officer has the following functions:
(a) providing the corporate services of the Court;
(b) providing the corporate services of the Family Court of Australia (within the meaning of the Family Law Act 1975 );
(c) providing the corporate services of the Federal Circuit Court (within the meaning of the Federal Circuit Court of Australia Act 1999 ).
(2) The Chief Executive Officer has the power to do all things necessary or convenient to be done for the purpose of subsection (1).
(3) The Chief Executive Officer must consult with the following persons in relation to the Chief Executive Officer's performance of functions, or exercise of powers, under this section:
(a) the Chief Justice;
(b) the Chief Justice of the Family Court of Australia;
(c) the Chief Judge of the Federal Circuit Court;
(d) the Family Court Chief Executive Officer;
(e) the Federal Circuit Court Chief Executive Officer.
(4) A failure to comply with subsection (3) in relation to a decision does not affect the validity of the decision.
(5) When performing functions, or exercising powers, under this section, the Chief Executive Officer must not make a decision that has the effect of imposing an expenditure obligation on:
(a) the Court in relation to the administrative affairs of the Court; or
(b) the Family Court of Australia in relation to the administrative affairs of that Court (within the meaning of the Family Law Act 1975) ; or
(c) the Federal Circuit Court in relation to the administrative affairs of that Court (within the meaning of the Federal Circuit Court of Australia Act 1999) ;
unless:
(d) both:
(i) the Chief Executive Officer consults the relevant Chief Justice or Chief Judge about the decision; and
(ii) the relevant Chief Justice or Chief Judge consents to the decision; or
(e) the Attorney-General consents to the decision after consulting the relevant Chief Justice or Chief Judge about it.
Delegation
(6) The Chief Executive Officer may, in writing, delegate to the holder of an office or position referred to in subparagraph 18ZB(a)(ii) or (iii) all or any of his or her functions or powers under this section.
(7) If the Chief Executive Officer delegates a function or power to a person (the delegate ) under subsection (6), the Chief Executive Officer may give written directions to the delegate in relation to the performance of the function or the exercise of the power.
(8) The delegate must comply with any directions given under subsection (7).
18ZA Proceedings in relation to corporate services
Any judicial or other proceeding relating to a matter arising out of the Chief Executive Officer's performance of functions, or exercise of powers, under section 18Z may be instituted by or against the Commonwealth, as the case requires.
Division 2 -- Application of the finance law
18ZB Application of the finance law
For the purposes of the finance law:
(a) the following group of persons is a listed entity:
(i) the Chief Executive Officer;
(ii) the officers of the Court referred to in subsection 18N(1);
(iii) the staff of the Registries referred to in subsection 18N(7);
(iv) the Family Court Chief Executive Officer;
(v) the officers of the Family Court of Australia referred to in subsection 38N(1) of the Family Law Act 1975 ;
(vi) the staff of the Registries referred to in subsection 38N(7) of the Family Law Act 1975 ;
(vii) the Federal Circuit Court Chief Executive Officer;
(viii) the officers of the Federal Circuit Court referred to in subsection 99(1) of the Federal Circuit Court of Australia Act 1999 ;
(ix) the staff of the Federal Circuit Court referred to in section 112 of the Federal Circuit Court of Australia Act 1999 ; and
(x) the Native Title Registrar;
(xi) the Deputy Registrars of the National Native Title Tribunal;
(xii) the staff assisting the National Native Title Tribunal referred to in subsection 130(1) of the Native Title Act 1993 ;
(xiii) consultants engaged under section 18ZI for the purposes of the National Native Title Tribunal; and
(b) the listed entity is to be known as the Federal Court of Australia; and
(c) the Chief Executive Officer is the accountable authority of the listed entity; and
(d) the persons referred to in paragraph (a) are officials of the listed entity; and
(e) the purposes of the listed entity include the following:
(i) the functions of the Chief Executive Officer under sections 18B and 18Z of this Act;
(ii) the functions of the Family Court Chief Executive Officer under sections 38B and 38BA of the Family Law Act 1975 ;
(iii) the functions of the Federal Circuit Court Chief Executive Officer under sections 93A and 96 of the Federal Circuit Court of Australia Act 1999 ;
(iv) the function of the Chief Executive Officer under subsection 129(1) of the Native Title Act 1993 .
18ZC Delegation of powers etc. under the finance law
Section 110 of the Public Governance, Performance and Accountability Act 2013 applies as if:
(a) for the delegation of a matter that relates to the administrative affairs of the Family Court of Australia (within the meaning of the Family Law Act 1975 )--a reference to an official were a reference to:
(i) the Family Court Chief Executive Officer; or
(ii) the holder of an office or position referred to in subparagraph 18ZB(a)(v) or (vi), being an office or position that, at the time the delegation is made, is nominated in writing by the Family Court Chief Executive Officer; and
(b) for the delegation of a matter that relates to the administrative affairs of the Federal Circuit Court (within the meaning of the Federal Circuit Court of Australia Act 1999 )--a reference to an official were a reference to:
(i) the Federal Circuit Court Chief Executive Officer; or
(ii) the holder of an office or position referred to in subparagraph 18ZB(a)(viii) or (ix), being an office or position that, at the time the delegation is made, is nominated in writing by the Federal Circuit Court Chief Executive Officer.
(1) This section applies if, in an Appropriation Act for the ordinary annual services of the Government:
(a) there is a departmental item (within the meaning of that Act) for the listed entity referred to in section 18ZB; and
(b) there is an outcome for the listed entity that relates to:
(i) the administrative affairs of the Court; or
(ii) the administrative affairs of the Family Court of Australia (within the meaning of the Family Law Act 1975 ); or
(iii) the administrative affairs of the Federal Circuit Court (within the meaning of the Federal Circuit Court of Australia Act 1999 ); or
(iv) the corporate services of the Court, the Family Court of Australia and the Federal Circuit Court, as referred to in subsection 18Z(1); and
(c) there is an amount (the outcome amount ) set out, above the departmental item and opposite the outcome, under the heading "Departmental".
(2) Before spending a part of the outcome amount for another outcome for the listed entity, the Chief Executive Officer must:
(a) both:
(i) consult the relevant Chief Justice or Chief Judge about the spending; and
(ii) obtain the consent of the relevant Chief Justice or Chief Judge to the spending; or
(b) obtain the consent of the Attorney-General to the spending.
(3) Before giving consent under paragraph (2)(b), the Attorney-General must consult the relevant Chief Justice or Chief Judge about the spending.
(4) This section does not affect the operation of the Appropriation Act in relation to the listed entity's departmental item.
Note: For example, the Appropriation Act provides that the listed entity's departmental item may be applied for the departmental expenditure of the listed entity.
Division 3 -- Application of the Public Service Act 1999 etc.
18ZE Statutory Agency etc. for purposes of the Public Service Act 1999
(1) For the purposes of the Public Service Act 1999 :
(a) the persons referred to in subsection (2) together constitute a Statutory Agency; and
(b) the Chief Executive Officer is the Head of that Statutory Agency.
(2) The persons are the following:
(a) the Chief Executive Officer;
(b) the APS employees referred to in the following provisions:
(i) section 18N of this Act;
(ii) section 38N of the Family Law Act 1975 ;
(iii) section 101, subsection 106(1), subsection 107(1), subsection 109(1), subsection 110(1), section 111A and section 112 of the Federal Circuit Court of Australia Act 1999 ;
(iv) subsection 130(3) of the Native Title Act 1993 .
18ZF Making arrangements relating to APS employees
(1) The Chief Executive Officer must make the services of APS employees who are officers of the Family Court of Australia, or staff of the Registries of the Family Court of Australia, available for the purposes of assisting the Family Court Chief Executive Officer in the performance of his or her functions under sections 38B and 38BA of the Family Law Act 1975 .
(2) While a person is performing services made available under subsection (1), that person must do so in accordance with the directions of the Chief Justice of the Family Court of Australia and the Family Court Chief Executive Officer.
(3) The Chief Executive Officer must make the services of APS employees who are officers or staff of the Federal Circuit Court available for the purposes of assisting the Federal Circuit Court Chief Executive Officer in the performance of his or her functions under sections 93A and 96 of the Federal Circuit Court of Australia Act 1999 .
(4) While a person is performing services made available under subsection (3), that person must do so in accordance with the directions of the Chief Judge of the Federal Circuit Court and the Federal Circuit Court Chief Executive Officer.
18ZG Delegation of powers etc. under the Public Service Act 1999
Subsection 78(7) of the Public Service Act 1999 applies as if:
(a) for a matter that relates to the administrative affairs of the Family Court of Australia (within the meaning of the Family Law Act 1975 )--a reference to another person were a reference to the Family Court Chief Executive Officer; and
(b) for a matter that relates to the administrative affairs of the Federal Circuit Court (within the meaning of the Federal Circuit Court of Australia Act 1999 )--a reference to another person were a reference to the Federal Circuit Court Chief Executive Officer.
Division 4 -- Other powers of the Chief Executive Officer
18ZH Appointment of other court officers
(1) The following officers are to be appointed by the Chief Executive Officer:
(a) the officers of the Court referred to in paragraphs 18N(1)(aa) to (e) of this Act;
(b) the officers of the Family Court of Australia referred to in paragraphs 38N(1)(a) to (f) of the Family Law Act 1975 ;
(c) the officers of the Federal Circuit Court referred to in paragraphs 99(1)(a) to (f) of the Federal Circuit Court of Australia Act 1999 ;
(d) the Deputy Registrars of the National Native Title Tribunal.
(2) The Chief Executive Officer may delegate his or her powers under paragraph (1)(b) to appoint any or all of the officers to the Family Court Chief Executive Officer.
(3) The Chief Executive Officer may delegate his or her powers under paragraph (1)(c) to appoint any or all of the officers to the Federal Circuit Court Chief Executive Officer.
18ZI Engagement of consultants, family counsellors and family dispute resolution practitioners
(1) The Chief Executive Officer may engage persons having suitable qualifications and experience as consultants to, or to perform services for:
(a) the Court; or
(b) the Family Court of Australia; or
(c) the Federal Circuit Court; or
(d) the National Native Title Tribunal.
(2) The Chief Executive Officer may engage persons to perform:
(a) family counselling services under the Family Law Act 1975 ; or
(b) family dispute resolution services under the Family Law Act 1975 .
(3) An engagement under subsection (1) or (2) is to be made:
(a) on behalf of the Commonwealth; and
(b) by written agreement.
(4) The Chief Executive Officer may delegate his or her powers under subsections (1) and (2) in relation to the Family Court of Australia to the Family Court Chief Executive Officer.
(5) The Chief Executive Officer may delegate his or her powers under subsections (1) and (2) in relation to the Federal Circuit Court to the Federal Circuit Court Chief Executive Officer.
18ZJ Subdelegation of powers under this Division
(1) If, under subsection 18ZH(2) or 18ZI(4), the Chief Executive Officer delegates any powers to the Family Court Chief Executive Officer, the Family Court Chief Executive Officer may, in writing, delegate all or any of those powers to the holder of an office or position referred to in subparagraph 18ZB(a)(v) or (vi).
(2) If, under subsection 18ZH(3) or 18ZI(5), the Chief Executive Officer delegates any powers to the Federal Circuit Court Chief Executive Officer, the Federal Circuit Court Chief Executive Officer may, in writing, delegate all or any of those powers to the holder of an office or position referred to in subparagraph 18ZB(a)(viii) or (ix).
(3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply to a delegation under this section in the same way as they apply to a delegation under section 18ZH or 18ZI.
18ZK Officers of the Court, the Family Court of Australia and the Federal Circuit Court
(1) A person may be an officer of one or more of the following courts:
(a) the Court;
(b) the Family Court of Australia;
(c) the Federal Circuit Court.
(2) Subsection (1) has effect despite anything in this Act, the Family Law Act 1975 and the Federal Circuit Court of Australia Act 1999 .
44 Subsection 23CQ(1)
Omit "the Registrar, a Deputy Registrar,", substitute "the Chief Executive Officer, a Registrar,".
45 Subsection 23HA(2)
Omit "the Registrar or any Deputy Registrar,", substitute "the Chief Executive Officer or any Registrar,".
46 Subsection 34(3)
Omit "The Registrar", substitute "The Chief Executive Officer".
47 Subsection 35A(8)
Omit "the Registrar, a Deputy Registrar,", substitute "the Chief Executive Officer, a Registrar,".
48 Subsection 36(3)
Omit "Registrar", substitute "Chief Executive Officer".
49 Section 37
Omit "the Registrar" (wherever occurring), substitute "the Chief Executive Officer".
50 Paragraph 37AO(3)(b)
Omit "Registrar of the Court", substitute "Chief Executive Officer".
51 Subsection 37AP(1)
Omit "Registrar of the Court", substitute "Chief Executive Officer".
52 Subsection 37AP(2)
Omit "Registrar", substitute "Chief Executive Officer".
53 Paragraph 37AQ(4)(b)
Omit "Registrar of the Court", substitute "Chief Executive Officer".
54 Subsection 41(2)
Omit "Registrar", substitute "Chief Executive Officer".
55 Subsection 44(2)
Omit "The Registrar", substitute "The Chief Executive Officer".
56 Paragraph 44(2)(a)
Omit "Deputy Registrar,", substitute "Registrar,".
57 Paragraph 45(1)(a)
Omit "the Registrar, a Deputy Registrar,", substitute "the Chief Executive Officer, a Registrar,".
58 Subsection 58DD(5)
Omit "the Registrar or any Deputy Registrar,", substitute "the Chief Executive Officer or any Registrar,".
59 Subsection 58DE(4)
Omit "Registrar", substitute "Chief Executive Officer".
60 Subsection 58FB(2)
Omit "Registrar" (wherever occurring), substitute "Chief Executive Officer".
61 Subsection 58FD(3)
Omit "Registrar", substitute "Chief Executive Officer".
62 Paragraph 59(2C)(b)
Omit "Registrar", substitute "Chief Executive Officer".
Part 2 -- Amendments commencing 1 January 2018
Federal Court of Australia Act 1976
63 Section 4 (definition of Family Court Chief Executive Officer )
After "Officer" (second occurring), insert "and Principal Registrar".
64 Paragraph 18ZH(1)(b)
Omit "paragraphs 38N(1)(a) to (f)", substitute "paragraphs 38N(1)(b) to (f)".