Commonwealth Numbered Regulations - Explanatory Statements

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FAMILY LAW REGULATIONS (AMENDMENT) 1992 NO. 287

EXPLANATORY STATEMENT

STATUTORY RULES 1992 No. 287

Issued by the Authority of the Minister for Justice

Family Law Act 1975

Family Law Regulations (Amendment)

Subsection 125(1) of the Family Law Act 1975 (the Act) empowers the Governor-General to make regulations for the purposes of the Act.

Section 60H of the Act, as amended by the Law and Justice, Legislation (Amendment) Act (No 1) 1992 (the Amendment Act), precludes courts exercising jurisdiction under the Act from making orders (other than an order for child maintenance) in respect of children who are under the custody, guardianship or care and control of a person under a child welfare law unless the order is expressed to come into effect when the custody etc ceases or the written consent of the relevant child welfare officer is obtained to the institution or continuation of the proceedings.

Section 66FA of the Act, inserted by the Amendment Act, provides that an application in respect of the maintenance of a child who is under the custody, guardianship or care and control of a person under a child welfare law can only be made by the child, the relevant child welfare officer, or a parent or relative who has ongoing daily care and control of the child.

Section 60 of the Act defines "child welfare office" to be a person who holds or performs the duties of a prescribed office of a State or Territory which has responsibilities in relation to a child welfare law.

The proposed Regulations will prescribe the appropriate offices to be held by a child welfare officer in the Australian Capital Territory and the Northern Territory. The amendment will enable consent to proceedings under the Act to be obtained for the purposes of section 60H and enable child welfare officers to commence maintenance proceedings for children subject to child welfare laws.

Details of the proposed Regulations are as follows:

Regulation 1 is a formal provision.

Regulation 2 adds new regulation 12BA which prescribe the offices of the Director of Family Services and Director of Mental Health Services for the Australian Capital Territory and the office of Senior Community Welfare Worker for the Northern Territory.


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