Commonwealth Numbered Regulations - Explanatory Statements

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FAMILY LAW AMENDMENT RULES 1999 (NO. 1) 1999 NO. 61

STATUTORY RULES 1999 No. 61

Issued by the authority of the

Judges of the Family Court of Australia

AMENDMENT OF THE FAMILY LAW RULES

Section 123 of the Family Law Act 1975 provides that the Judges of the Family Court of Australia, or a majority of them, may make Rules of Court providing for the practice and procedure to be followed in the Family Court and other courts exercising jurisdiction under the Family Law Act.

Section 123(2) of the Family Law Act provides that Sections 48, 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to the Rules of Court as if references in those sections to regulations were references to Rules of Court.

The present Family Law Rules came into operation on 2 January 1985. They, have been regularly reviewed and amended since that date.

DETAILS OF THE PROVISIONS OF THE AMENDMENT

The purpose of the rule is to delegate. certain judicial powers to Registrars including the power to make parenting orders until further order. The additional delegated powers are set out in sub-rule (1AC). The amendment in sub-rule (1AD) ensures that only Registrars approved by a majority of Judges and with whom an arrangement has been made under Section 37B(2) are authorised to exercise the substantive delegated, powers mentioned in sub-rule (1AC). The combination of sub-rule (1AD) with other provisions (notably review) provide for supervision by the Judges of the Registrars in exercising the jurisdiction delegated to them.

The powers contained in sub-rule (1AC) may only be exercised by those, persons appointed to the new category of SES Band 2 Registrars.