Family Law (Child Abduction Convention) Regulations 1986
1 Subregulation 2(1) (definition of convention country )
Repeal the definition, substitute:
"convention country " means any country in respect of which the Convention has entered into force with Australia.
Note: A list of countries in respect of which the Convention has entered into force with Australia could in 2019 be viewed on the Department's website (https://www.ag.gov.au).
2 Regulation 10
Repeal the regulation.
3 Paragraph 11(2)(a)
Omit "Form 1", substitute "a form approved, in writing, by the Minister under subregulation (2A)".
4 After subregulation 11(2)
Insert:
(2A) The Minister may approve a form, in writing, for the purposes of paragraph (2)(a).
5 Paragraph 23(2)(a)
Omit "Form 3", substitute "a form approved, in writing, by the Minister under subregulation (2A)".
6 After subregulation 23(2)
Insert:
(2A) The Minister may approve a form, in writing, for the purposes of paragraph (2)(a).
7 After Part 5
Insert:
Part 6 -- Application, transitional and saving provisions
Division 1 -- Saving provisions relating to the Family Law (Child Abduction Convention) Regulations 1986
(1) Despite the amendments made by items 3, 4 and 9 of Schedule 1 to the Family Law Legislation Amendment (Miscellaneous Measures) Regulations 2019 , Form 1 in Schedule 3, as in force immediately before the commencement of those items, continues in force after that commencement until the Minister approves a form under subregulation 11(2A).
(2) Despite the amendments made by items 5, 6 and 9 of Schedule 1 to the Family Law Legislation Amendment (Miscellaneous Measures) Regulations 2019 , Form 3 in Schedule 3, as in force immediately before the commencement of those items, continues in force after that commencement until the Minister approves a form under subregulation 23(2A).
8 Schedule 2
Repeal the Schedule.
9 Schedule 3
Repeal the following:
(a) the entirety of the form titled "Form 1--Request for return of child abducted from Australia";
(b) the entirety of the form titled "Form 3--Request for access to a child in a convention country".
Family Law (Child Protection Convention) Regulations 2003
10 Subregulation 3(3)
Repeal the subregulation.
11 Subregulation 12(1)
Omit "regulation 10", substitute "regulation 11".
12 Subregulation 23(2)
Omit "regulation 25", substitute "regulation 30".
13 Schedule 1
Repeal the Schedule.
14 Subparagraph 12BA(a)(i)
Omit "Minister for Community Services", substitute "Minister for Family and Community Services".
15 Paragraph 1 2BA(b)
Omit "to the Department of Health and Human Services", substitute "of the Department of Communities Tasmania".
16 Paragraph 12BA(c)
Omit "to the Department of Human Services", substitute "of the Department of Health and Human Services".
17 Paragraph 12BA(d)
Omit "Department of Communities", substitute "Department of Child Safety, Youth and Women".
18 Subparagraph 12BA(e)(i)
Omit "Chief Executive of the Department of Education Youth and Family Services", substitute "Director-General of the Community Services Directorate".
19 Subparagraph 12BA(e)(ii)
Omit "section 112 of the Mental Health (Treatment and Care) Act 1994 (ACT)", substitute " subsection 196(1) of the Mental Health Act 2015 (ACT)".
20 Paragraph 12BA(f)
Omit "Health and Community Services", substitute "Territory Families".
21 Paragraph 12BC (table)
Repeal the table, substitute:
Registered relationships | ||
Item | Column 1 Law | Column 2 Kind of relationship |
1 | A relationship that may be registered in accordance with Part 2 of that Act | |
2 |
Relationships Act 2008 (Vic.) | A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act |
3 | A relationship that may be entered into in accordance with sections 4 and 5 of that Act | |
4 | A relationship that may be registered in accordance with Part 2 of that Act | |
5 | Relationships Act 2003 (Tas.) | A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act |
6 | A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act | |
7 | A civil union that must be registered under section 32A of that Act |
22 Paragraph 12CB(a)
Omit "Employment, Education, Training and Youth Affairs", substitute "Jobs and Small Business".
23 Paragraph 12CB(c)
Omit "and Family Services".
24 Paragraph 12CB(d)
Omit "Immigration and Multicultural Affairs", substitute "Home Affairs".
25 At the end of regulation 12CB
Add:
; (h) Department of Education and Training;
(i) Department of Social Services.
26 Regulation 13
Omit "paragraphs 65Y(2)(a), 65Z(2)(a), 65ZA(3)(a) and 65ZB(3)(a)", substitute "subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i)".
27 Regulation 15AB (table)
Repeal the table, substitute:
Item | Law |
1 | |
2 | Relationships Act 2008 (Vic.) |
3 | |
4 | |
5 | Relationships Act 2003 (Tas.) |
6 | |
7 |
28 Paragraph 19(g)
Omit " Domestic Violence and Protection Orders Act 2008 (ACT)", substitute " Family Violence Act 2016 (ACT)".
29 Paragraph 19A(c)
Omit "Communities, Child Safety and Disability Services", substitute "Child Safety, Youth and Women".
30 Paragraph 19A(d)
Omit "for Child Protection and Family Support", substitute "of Communities".
31 Paragraph 19A(e)
Omit "Education and Child Development", substitute "Child Protection".
32 Paragraph 19A(f)
Omit "Health and Human Services", substitute "Communities Tasmania".
33 Paragraph 19A(g)
Omit "Department of Community Services", substitute "Community Services Directorate".
34 Paragraph 19A(h)
Omit "the Department of Children and Families", substitute "Territory Families".
35 Schedule 2
Repeal the list, substitute the following list:
Austria
Belarus
Belgium
Brunei
Canada, the following Provinces and Territories:
The Canadian Province of Alberta
The Canadian Province of British Columbia
The Canadian Province of Manitoba
The Canadian Province of New Brunswick
The Canadian Province of Newfoundland
The Canadian Province of Nova Scotia
The Canadian Province of Ontario
The Canadian Province of Prince Edward Island
The Canadian Province of Saskatchewan
The Canadian Territory of Northwest Territories
The Canadian Territory of Nunavut
The Canadian Territory of Yukon
Colombia
Cook Islands
Cyprus
Czech Republic
Denmark
Estonia
Fiji
France
Germany
Gibraltar
Hong Kong
India
Italy
Kazakhstan
Kenya
Lithuania
Luxembourg
Malawi
Malaysia
Malta
Nauru
Niue
Netherlands
New Zealand
Norway
Papua New Guinea
Poland
Portugal
Republic of Ireland
Samoa
Sierra Leone
Singapore
Slovak Republic
South Africa
Spain
Sri Lanka
Sweden
Switzerland
Tanzania (excluding Zanzibar)
Territory of Christmas Island
Territory of Cocos (Keeling) Islands
Trinidad and Tobago
Turkey
United Kingdom, including Alderney, Guernsey, Isle of Man, Jersey and Sark
United States of America
Zambia
Zimbabwe
36 Schedule 4
Omit "Federal Republic of Yugoslavia (Serbia and Montenegro)".
37 Schedule 4
Insert "Serbia and Montenegro".
38 Schedule 5 (cell at table item 5, column headed "Prescribed Law")
Omit " Adoption Act 1984 ", substitute " Adoption Act 1984 ".
39 Schedule 5 (cell at table item 6, column headed "Prescribed Law")
Omit " Children, Youth and Families Act 2005 ", substitute " Children, Youth and Families Act 2005 ".
40 Schedule 5 (cell at table item 7, column headed "Prescribed Law")
Omit " Education and Training Reform Act 2006 ", substitute " Education and Training Reform Act 2006 ".
41 Schedule 5 (cell at table item 8, column headed "Prescribed Law")
Omit " Maintenance Act 1965 ", substitute " Maintenance Act 1965 ".
42 Schedule 5 (cell at table item 9, column headed "Prescribed Law")
Omit " Mental Health Act 1986 ", substitute " Mental Health Act 2014 ".
43 Schedule 5 (cell at table item 13, column headed "Prescribed Law")
Omit " Mental Health Act 2000 ", substitute " Mental Health Act 2016 ".
44 Schedule 5 (cell at table item 18, column headed "Prescribed Law")
Omit " Mental Health Act 1996 ", substitute " Mental Health Act 2014 ".
45 Schedule 5 (after table item 20)
Insert:
20A | South Australia | |
20B |
Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 | South Australia |
46 Schedule 5 (cell at table item 22, column headed "Prescribed Law")
Repeal the cell, substitute:
47 Schedule 5 (cell at table item 26, column headed "Prescribed Law")
Repeal the cell, substitute:
48 Schedule 5 (cell at table item 28, column headed "Prescribed Law")
Repeal the cell, substitute:
49 Schedule 5 (cell at table item 32, column headed "Prescribed Law")
Repeal the cell, substitute:
50 Schedule 5 (cell at table item 34, column headed "Prescribed Law")
Repeal the cell, substitute:
51 Schedule 5 (cell at table item 35, column headed "Prescribed Law")
Repeal the cell, substitute:
Adoption of Children Act 1932 |
52 Schedule 5 (cell at table item 36, column headed "Prescribed Law")
Repeal the cell, substitute:
Child Welfare Act 2009 |
53 Schedule 5 (cell at table item 37, column headed "Prescribed Law")
Repeal the cell, substitute:
54 Schedule 5 (cell at table item 38, column headed "Prescribed Law")
Repeal the cell, substitute:
Lunacy Act 1932 |
55 Schedule 8 (cell at table item 11, column headed "Prescribed law")
Repeal the cell, substitute:
56 Schedule 9 (cell at table item 1, column headed "Prescribed agency")
Omit "Community Services", substitute "Family and Community Services".
57 Schedule 9 (cell at table item 3, column headed "Prescribed agency")
Omit "Human Services (Office for Children)", substitute "Health and Human Services".
58 Schedule 9 (cell at table item 4, column headed "Prescribed agency")
Repeal the cell, substitute:
Victoria Police (constituted under the Victoria Police Act 2013 (Vic.)) |
59 Schedule 9 (cell at table item 5, column headed "Prescribed agency")
Omit "Communities", substitute "Child Safety, Youth and Women".
60 Schedule 9 (cell at table item 7, column headed "Prescribed agency")
Omit "Community Development", substitute "Communities".
61 Schedule 9 (cell at table item 9, column headed "Prescribed agency")
Omit "Families and Communities", substitute "Child Protection".
62 Schedule 9 (cell at table item 11, column headed "Prescribed agency")
Omit "Health and Human Services", substitute "Communities Tasmania".
63 Schedule 9 (cell at table item 12, column headed "Prescribed agency")
Omit "Police and Emergency Management", substitute "Police, Fire and Emergency Management".
64 Schedule 9 (cell at table item 13, column headed "Prescribed agency")
Repeal the cell, substitute:
Community Services Directorate |
65 Schedule 9 (cell at table item 15, column headed "Prescribed agency")
Repeal the cell, substitute:
Territory Families |