Commonwealth Numbered Acts Commonwealth Numbered ActsPart 1 -- Amendments commencing 1 July 2016
1 Subsection 4(1)
Insert:
"administrative affairs " of the Family Court has a meaning affected by subsection 38A(1A).
2 Subsection 4(1) (definition of appropriate officer )
Repeal the definition.
3 Subsection 4(1)
Insert:
"Australian court " means a federal court or a court of a State or Territory.
4 Subsection 4(1) (definition of Chief Executive Officer )
Omit "and the Federal Circuit Court".
5 Subsection 4(1)
Insert:
"Chief Justice" means the Chief Justice of the Family Court, and includes the Deputy Chief Justice if the Deputy Chief Justice is for the time being performing the duties and exercising the powers of the Chief Justice.
6 Subsection 4(1) (definition of complaint handler )
Omit "Chief Judge" (wherever occurring), substitute "Chief Justice".
7 Subsection 4(1)
Insert:
"corporate services " of the Family Court has the meaning given by subsection 38A(1B).
"Deputy Chief Justice " means the Deputy Chief Justice of the Family Court.
"Federal Circuit Court Chief Executive Officer " means the Chief Executive and Principal Registrar of the Federal Circuit Court of Australia.
8 Paragraph 10C(1)(c)
Omit ", or engaged under subsection 38R(1A),".
9 Paragraph 10C(1)(d)
Omit ", or engaged under subsection 115(1A) of that Act,".
10 After paragraph 10C(1)(d)
Insert:
(da) a person who is engaged under subsection 18ZI(2) of the Federal Court of Australia Act 1976 as a family counsellor; or
11 Paragraph 10G(1)(c)
Omit ", or engaged under subsection 38R(1A),".
12 Paragraph 10G(1)(d)
Omit ", or engaged under subsection 115(1A) of that Act,".
13 After paragraph 10G(1)(d)
Insert:
(da) a person who is engaged under subsection 18ZI(2) of the Federal Court of Australia Act 1976 as a family dispute resolution practitioner; or
14 Paragraphs 11B(a) and (b)
Repeal the paragraphs, substitute:
(a) appointed as a family consultant under section 18ZH of the Federal Court of Australia Act 1976 ; or
15 Section 11B (note)
Omit "and Division 1A of Part 7 of the Federal Circuit Court of Australia Act 1999 ".
16 Subparagraph 11E(1)(e)(i)
Repeal the subparagraph, substitute:
(i) if the court is the Family Court--a family consultant nominated by the Chief Executive Officer; or
(ia) if the court is the Federal Circuit Court of Australia--a family consultant nominated by the Federal Circuit Court Chief Executive Officer; or
17 Subparagraph 11E(1)(e)(iii)
Omit "subparagraph (i) or (ii)", substitute "subparagraph (i), (ia) or (ii)".
18 Section 20 (definition of Chief Judge )
Repeal the definition.
19 Section 20 (definition of Deputy Chief Judge )
Repeal the definition.
20 Section 20 (definition of Judge )
Omit "Chief Judge, the Deputy Chief Judge, a Judge Administrator", substitute "Chief Justice, the Deputy Chief Justice".
21 Section 20 (definition of Judge Administrator )
Repeal the definition.
22 Paragraphs 21(3)(a) and (b)
Repeal the paragraphs, substitute:
(a) a Chief Justice; and
(b) a Deputy Chief Justice; and
23 Paragraph 21(3)(c)
Omit "Judge Administrators,".
24 Subsections 21B(1), (1A), (1B) and (2)
Omit "Chief Judge" (wherever occurring), substitute "Chief Justice".
25 Subsection 21B(3)
Repeal the subsection.
26 Subsection 21B(3A)
Omit "Chief Judge" (wherever occurring), substitute "Chief Justice".
27 Subsection 21B(3B)
Repeal the subsection, substitute:
(3B) To avoid doubt, the Chief Justice may authorise under subsection (3A):
(a) the Deputy Chief Justice; or
(b) a body that includes the Deputy Chief Justice.
28 Subsections 21B(4) and (5)
Omit "Chief Judge" (wherever occurring), substitute "Chief Justice".
29 Subsections 22(2AAA), (2AAB), (2AAC), (2AA) and (2AF)
Omit "Chief Judge" (wherever occurring), substitute "Chief Justice".
30 Subsection 22(2AFA) (heading)
Repeal the heading, substitute:
Appointment of Deputy Chief Justice
31 Subsection 22(2AFA)
Repeal the subsection, substitute:
(2AFA) If a person holding office as a Senior Judge or Judge of the Court is appointed Deputy Chief Justice, the person retains that office as Senior Judge or Judge, as the case may be, and may resign the office of Deputy Chief Justice without resigning that first-mentioned office.
32 Subsections 23(1) and (2)
Omit "Chief Judge" (wherever occurring), substitute "Chief Justice".
33 Subsection 23(3)
Omit "appointed as Judge Administrators or".
34 Subsection 23(3)
Omit "Chief Judge", substitute "Chief Justice".
35 Subsection 23(4)
Repeal the subsection, substitute:
(4) The remaining Judges assigned to the Appeal Division have seniority next to the Judges to whom subsection (3) applies according to the days on which their assignments to the Appeal Division took effect.
36 Subsection 23(5)
Omit "appointments as Judge Administrator and".
37 Subsection 23(8)
Omit "Judge Administrators or".
38 Section 24 (heading)
Repeal the heading, substitute:
24 Absence or illness of Chief Justice
39 Section 24
Omit "Chief Judge" (wherever occurring), substitute "Chief Justice".
40 Subsection 25(1)
Omit "Chief Judge, Deputy Chief Judge, Judge Administrators,", substitute "Chief Justice, Deputy Chief Justice,".
41 Section 26
Omit " Chief Judge, Deputy Chief Judge, Judge Administrator, ", substitute " Chief Justice, Deputy Chief Justice, ".
42 Paragraph 26E(b)
Omit "Chief Judge", substitute "Chief Justice".
43 Subsection 26JA(2)
Omit "Chief Judge" (wherever occurring), substitute "Chief Justice".
44 Section 26M
Omit "Chief Judge", substitute "Chief Justice".
45 Subsection 27(2) (note)
Omit "Chief Judge", substitute "Chief Justice".
46 Paragraph 30(b)
Omit "Chief Judge", substitute "Chief Justice".
47 Subsections 37(1) and (2)
Omit "Chief Judge", substitute "Chief Justice".
48 Paragraph 37A(14)(b)
Omit "Chief Judge", substitute "Chief Justice".
49 Section 37B
Omit "Chief Judge" (wherever occurring), substitute "Chief Justice".
50 Section 37C
Omit "Chief Judge", substitute "Chief Justice".
51 Division 1 of Part IVA (heading)
Repeal the heading, substitute:
Division 1 -- Management responsibilities of the Chief Justice and the Chief Executive Officer
52 Subsection 38A(1)
Omit "Chief Judge", substitute "Chief Justice".
53 After subsection 38A(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).
54 Subsection 38A(2)
Omit "For that purpose, the Chief Judge", substitute "For the purpose referred to in subsection (1), the Chief Justice".
55 Subsection 38A(3)
Omit "Chief Judge" (wherever occurring), substitute "Chief Justice".
56 Subsection 38A(4)
Omit "Chief Judge to enter into a contract under which the Commonwealth is to pay or receive an amount exceeding $250,000", substitute "Chief Justice to enter into a contract under which the Commonwealth is to pay or receive an amount exceeding $1,000,000".
57 At the end of section 38A
Add:
(5) The Attorney-General may, by legislative instrument, determine matters that are the corporate services of the Court (see paragraph (1B)(j)).
Note 1: See Part IIB of the Federal Court of Australia Act 1976 for provisions relating to the corporate services of the Court.
Note 2: For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013 ), the Chief Executive Officer, the officers of the Court and the staff of the Registries are officials of the listed entity referred to in section 18ZB of the Federal Court of Australia Act 1976 .
Note 3: For the purposes of the Public Service Act 1999 , the APS employees referred to in section 38N are part of the Statutory Agency declared under section 18ZE of the Federal Court of Australia Act 1976 .
58 Section 38B
Omit "Chief Judge", substitute "Chief Justice".
59 At the end of Division 1 of Part IVA
Add:
38BAA 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.
38BAB Arrangements with agencies or organisations
(1) The Chief Justice may arrange with the chief executive officer (however described) of:
(a) an agency of the Commonwealth, a State or a Territory; or
(b) another organisation;
for an employee or employees of the agency or organisation to:
(c) receive, on behalf of the Court, documents to be lodged with or filed in the Court; or
(d) perform, on behalf of the Court, other non-judicial functions of the Court.
(2) If an arrangement under subsection (1) is in force in relation to the performance by an employee of an agency or organisation of a function on behalf of the Court, the employee 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.
60 Division 1AA of Part IVA
Repeal the Division.
61 Subsection 38C(1)
Omit "and the Federal Circuit Court".
62 Subsection 38C(2)
Omit "joint nomination of the Chief Judge of the Family Court and the Chief Judge of the Federal Circuit Court", substitute "nomination of the Chief Justice".
63 Section 38D
Omit "Chief Judge" (wherever occurring), substitute "Chief Justice".
64 Subsection 38F(4)
Omit "jointly by the Chief Judge and the Chief Judge of the Federal Circuit Court", substitute "by the Chief Justice".
65 Subsection 38G(2)
Repeal the subsection, substitute:
(2) The Chief Justice may grant the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as the Chief Justice, with the approval of the Attorney-General, determines.
66 Subsection 38J(1)
Omit "Chief Judge and the Chief Judge of the Federal Circuit Court", substitute "Chief Justice".
67 At the end of subsection 38K(2)
Add:
; or (e) fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
68 Subsection 38L(1)
Omit "Chief Judge and the Chief Judge of the Federal Circuit Court", substitute "Chief Justice".
69 Subsections 38L(2) and (3)
Repeal the subsections, substitute:
(2) The Chief Executive Officer must give written notice to the Chief Justice of all material personal interests that the Chief Executive Officer has that relate to the affairs of the Family Court.
(3) Subsections (1) and (2) apply in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).
70 Section 38M
Omit "Chief Judge and the Chief Judge of the Federal Circuit Court may, in writing, jointly", substitute "Chief Justice may, in writing,".
71 Subsection 38N(2)
Omit "Chief Judge", substitute "Chief Justice".
72 Subsection 38N(3)
Repeal the subsection.
73 Subsection 38N(6)
Omit "Chief Judge", substitute "Chief Justice".
74 Subsection 38N(6)
After "the purposes of ", insert "the administrative affairs of".
75 Sections 38Q and 38R
Repeal the sections.
76 Subsection 38S(1)
Omit "Chief Judge", substitute "Chief Justice".
77 Subsection 38S(1) (note)
Repeal the note.
78 At the end of section 38S
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 of the Federal Court of Australia Act 1976 .
79 Section 38W (heading)
Repeal the heading, substitute:
38W Delegation of administrative powers of Chief Justice
80 Section 38W
Omit "Chief Judge", substitute "Chief Justice".
81 Subsection 38Y(2)
Omit "Chief Judge", substitute "Chief Justice".
82 Subsection 94AAA(3)
Omit "Chief Judge", substitute "Chief Justice".
83 Subsection 102Q(1) (paragraph (b) of the definition of appropriate court official )
After "Officer", insert "and Principal Registrar".
84 Subparagraphs 123(1)(sda)(i) and (sdb)(i)
Omit "or engaged under subsection 38R(1A)", substitute "of this Act or engaged under subsection 18ZI(2) of the Federal Court of Australia Act 1976 ".
85 Paragraphs 123(1)(sea) and (seb)
Omit "or engaged under subsection 38R(1A)", substitute "of this Act or engaged under subsection 18ZI(2) of the Federal Court of Australia Act 1976 ".
86 Paragraph 123(2)(b)
Omit "Chief Judge", substitute "Chief Justice".
87 Subsection 123(2A)
Omit "Chief Judge", substitute "Chief Justice".
88 Subsection 124(3)
Omit "Chief Judge", substitute "Chief Justice".
Part 2 -- Amendments commencing 1 January 2018
89 Subsection 4(1) (definition of Chief Executive Officer )
After "Officer" (second occurring), insert "and Principal Registrar".
90 Subsection 4(1) (paragraph (a) of the definition of Registrar )
Omit "Principal Registrar", substitute "Chief Executive Officer".
91 Section 20 (definition of Principal Registrar )
Repeal the definition.
92 Subsection 37(2)
Omit "Principal Registrar of the Court", substitute "Chief Executive Officer".
93 Subsection 37(3)
Repeal the subsection.
94 Subsection 37A(15)
Omit "Principal Registrar", substitute "Chief Executive Officer".
95 Paragraph 37B(1)(a)
Omit "Principal Registrar", substitute "Chief Executive Officer".
96 Subparagraphs 37B(1)(b)(iii) and (c)(iii)
Omit "Principal Registrar", substitute "Chief Executive Officer".
97 Subsections 37B(2) and (3)
Omit "Principal Registrar", substitute "Chief Executive Officer".
98 Subsections 37B(4) and (4A)
Omit "the Principal Registrar, a Registrar or a Deputy Registrar (or a former Principal Registrar,", substitute "a Registrar or a Deputy Registrar (or a former".
99 Section 37C
Omit "A Principal Registrar,", substitute "The Chief Executive Officer or a".
100 Section 37C
Before " Principal ", insert " Chief Executive Officer and ".
101 Section 38C
Repeal the section, substitute:
38C Establishment and appointment of Chief Executive Officer
(1) There is to be a Chief Executive Officer and Principal Registrar of the Family Court.
(2) The Chief Executive Officer is to be appointed by the Governor-General by written instrument on the nomination of the Chief Justice.
102 Paragraph 38N(1)(a)
Repeal the paragraph.
103 Subsection 102Q(1) (paragraph (a) of the definition of appropriate court official )
Omit "or Principal Registrar".