Commonwealth Numbered Regulations - Explanatory Statements

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FAMILY LAW REGULATIONS (AMENDMENT) 1992 NO. 376

EXPLANATORY STATEMENT

STATUTORY RULES 1992 No. 376

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) provides that the Governor-General may make regulations for the purposes of the Act.

Subsection 41(2) of the Act provides that where a State has created a Family Court the Governor-General may make a Proclamation that section 41 applies to that Court. On 4 November 1991 the Governor-General made a Proclamation under subsection 41(2) declaring that section 41 of the Family Law Act applied to the Family Court of Western Australia.

Where a Proclamation is made under subsection 41(2), subsection 41(3) provides that the Act has effect in relation to proceedings instituted in the State Family Court as if those proceedings had been instituted in the Supreme Court of the State and invests the State Family Court with federal jurisdiction as if the State Family Court were a State Supreme Court.

Regulation 7A of the Family Law Regulations provides for the Chief Justice of the Family Court of Australia to approve persons, who are suitable by reason of their training and experience, as mediators for the purposes of conducting court referred mediation under sections 19A and 19B of the Act.

It is not appropriate for the Chief Justice of the Family Court of Australia to approve persons to mediate in the Family Court of Western Australia.

The Regulations provide for the Chief Judge of the Family Court of Western Australia to approve persons, who are suitable by reason of their training and experience, as mediators for the purposes of section 19A and 19B of the Family Law Act.

Details of the Regulations are as follows:

Regulation 1 is formal.

Regulation 2 inserts Regulation 7B-Approved mediators-Family Court of Western Australia after the present Regulation 7A.

Regulation 7B follows the wording of the current Regulation 7A but differs in that the Chief Judge of the Family Court of Western Australia may approve persons as mediators in Western Australia for the purposes of sections 19A and 19B of the Family Law Act.


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