Commonwealth Numbered Regulations - Explanatory Statements
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FAMILY LAW AMENDMENT REGULATIONS 2011 (NO. 1) (SLI NO 20 OF 2011)
Select Legislative Instrument 2011 No. 20
ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL
FAMILY LAW ACT 1975
FAMILY LAW AMENDMENT REGULATIONS 2011 (No. 1)
Subsection 125(1) of the Family Law Act 1975 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters 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 amend the Family Law Regulations 1984 (the Principal Regulations) to reflect various amendments to family law legislation that has or will come into force in New South Wales, Victoria, Queensland and South Australia. The relevant legislation is the Children, Youth and Families Act 2005 (Vic), the Education and Training Reform Act 2006 (Vic), the Adoption Act 2009 (Qld), the Intervention Orders (Prevention of Abuse) Act 2009 (SA), the Surrogacy Act 2010 (NSW) and amendments to the Family Relationships Act 1975 (SA).
In particular, the Regulations:
- prescribe laws in New South Wales and South Australia to recognise court orders determining the parentage of children born under surrogacy arrangements;
- update the list of prescribed family violence order laws for South Australia;
- update the list of prescribed child welfare laws to reflect changes to Victorian and Queensland legislation;
- update the definition of child welfare officer under the Regulations to reflect changes to Queensland administrative arrangements; and
- update a reference to the relevant Queensland child welfare department in a Schedule to the Regulations to reflect changes to administrative arrangements in that State.
The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments or on the commencement of the relevant State legislation.
Details of the Regulations are as follows:
Regulation 1 - Name of Regulations
This regulation provides that the title of the Regulations is the Family Law Amendment Regulations 2011 (No. 1).
Regulation 2 - Commencement
This regulation provides for the Regulations to commence as follows:
a) on the day after they are registered - Regulations 1 to 3 and Schedule 1;
b) on the later of the day after these Regulations are registered and the commencement of section 12 of the Surrogacy Act 2010 (NSW) - Schedule 2;
c) on the later of the day after these Regulations are registered and the commencement of the Intervention Orders (Prevention of Abuse) Act 2009 (SA) - Schedule 3.
Regulation 3 - Amendment of Family Law Regulations 1984
This regulation provides that the Family Law Regulations 1984 (the Principal Regulations) are amended as set out in the Schedules.
Schedule 1 - Amendments commencing on the day after registration
Item [1]: Paragraph 12BA(d)
This item amends paragraph 12BA(d) of the Principal Regulations to substitute the reference to the Chief Executive of the Department of Child Safety with a reference to the Chief Executive of the Department of Communities.
This ensures that the Chief Executive of the Queensland Department of Communities is recognised as a child welfare officer for the purposes of the Act.
Item [2]: Regulation 12CAA, table, after item 4
This item amends regulation 12CAA of the Principal Regulations to include section 10HB of the Family Relationships Act 1975 (SA) as a prescribed law relating to children born under surrogacy arrangements in South Australia.
This ensures that court orders regarding the parentage of children born under surrogacy arrangements in South Australia are recognised for the purposes of subsection 60HB(1) of the Act.
Item [3]: Schedule 5, table, items 5, 6 and 7
This item removes the words 'Subject to subsection 3(2A) of the Commonwealth Powers (Family Law - Children) Act 1986, the' from items 5 and 6 of the table of prescribed child welfare laws in Schedule 5 to the Principal Regulations. This ensures clarity by removing superfluous words in the Principal Regulations that already have effect by the operation of subsection 3(2A) of the Commonwealth Powers (Family Law - Children) Act 1986 (Vic).
The Adoption Act 1984 (Vic) remains prescribed as a child welfare law. This item also prescribes the Children, Youth and Families Act 2005 (Vic) and the Education and Training Reform Act 2006 (Vic) as child welfare laws. This reflects the passage of legislation changing the titles of the former Children and Young Persons Act 1989 (Vic) and Community Services Act 1970 (Vic) to, respectively, the Children, Youth and Families Act 2005 (Vic) and the Education and Training Reform Act 2006 (Vic).
This ensures that the child welfare laws of Victoria are recognised for the purposes of the Act.
Item [4]: Schedule 5, item 10
This item amends Schedule 5 to the Principal Regulations to substitute the reference to the Adoption of Children Act 1964 (Qld) with a reference to the Adoption Act 2009 (Qld) in the list of prescribed child welfare laws in Queensland.
This ensures that the Adoption Act 2009 (Qld) is recognised under the Act as a child welfare law for Queensland.
Item [5]: Schedule 9, item 5
This item amends Schedule 9 to the Principal Regulations to substitute the reference to the Department of Child Safety with a reference to the Department of Communities.
This ensures that a court under the Act may make an order under subsection 69ZW(1) of the Act in child-related proceedings requiring the Department of Communities to provide the court with the documents or information specified in the order relating to child abuse or family violence.
Schedule 2 - Amendment commencing on the later of the day after registration and commencement of section 12 of the Surrogacy Act 2010 (NSW)
Item [1]: Regulation 12CAA, table, after item 5
This item amends regulation 12CAA of the Principal Regulations to include section 12 of the Surrogacy Act 2010 (NSW) as a prescribed law relating to children born under surrogacy arrangements in New South Wales.
This ensures that court orders regarding the parentage of children born under surrogacy arrangements in New South Wales are recognised for the purposes of subsection 60HB(1) of the Act.
Schedule 3 - Amendment commencing on the later of the day after registration and the commencement of the Intervention Orders (Prevention of Abuse) Act 2009 (SA)
Item [1]: Paragraph 19(e)
This item amends paragraph 19(e) of the Principal Regulations to substitute the reference to the Domestic Violence Act 1994 (SA) with a reference to the Intervention Orders (Prevention of Abuse) Act 2009 (SA).
This ensures that prescribed South Australian family violence laws can continue to operate concurrently with the Act.
Item [2]: Schedule 8, items 7 and 8
This item amends Schedule 8 to the Principal Regulations to substitute references to the Domestic Violence Act 1994 (SA) and the Summary Procedure Act 1921 (SA) with a reference to the Intervention Orders (Prevention of Abuse) Act 2009 (SA) as prescribed family violence order laws for South Australia.
This ensures that family violence orders made in South Australia continue to be recognised under the Act after the commencement of the Intervention Orders (Prevention of Abuse) Act 2009 (SA).
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