EXPLANATORY STATEMENT

 

 

Select Legislative Instrument 2006 No. 256

 

 

Issued by the Authority of the Minister for Justice and Customs

 

 

Family Law Act 1975

Family Law Amendment Regulations 2006 (No. 2)

 

 

Section 41 of the Family Law Act 1975 (the Act) allows for the establishment of State family courts. The Family Court of Western Australia (the FCWA) is currently the only State family court. Section 7 states that the Act operates in Norfolk Island.

 

Subsection 125(1) of the Act provides that the Governor‑General may make regulations prescribing all matters (including court fees) required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

The purpose of the Regulations is to align the filing fee for divorce applications across jurisdictions.

 

Subregulation 11(1A) of the Family Law Regulations 1984 (the Principal Regulations) prescribes the filing fee for a proceeding for a divorce order from a court constituted by a stipendiary magistrate who is the Principal Registrar, or a Registrar, of the FCWA, and a divorce order from the Court of Petty Sessions of Norfolk Island. The fee currently payable under subregulation 11(1A) is $304.

 

The Regulations, with effect from 9 October 2006, increase the divorce fee under subregulation 11(1A) to $405. This matches the equivalent fee in the Federal Magistrates Court – which was increased by the Federal Magistrates Amendment Regulations 2006 (No. 3) – in line with Government policy that the divorce fee be consistent across Australia.

 

The Regulations also remove erroneous references in subregulation 11(1A) to subregulation 10A(2), which does not exist.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003. The Regulations commence on 9 October 2006.

 

The FCWA and the Court of Petty Sessions of Norfolk Island have been consulted in relation to this legislative instrument. This consultation is appropriate as the instrument is of a minor or machinery nature only and does not substantially alter existing arrangements. The Office of Regulation Review has advised that a Regulation Impact Statement is not required.