Commonwealth Numbered Regulations - Explanatory Statements

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FAMILY LAW REGULATIONS (AMENDMENT) 1997 NO. 376

STATUTORY RULES 1997 No. 376

Issued by the Authority of the Attorney-General

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.

The purpose of the amendments to the Family Law Regulations (the Regulations) is to provide that people who were taken to be "nominated reporters" for the purpose of conducting and reporting to Courts in relation to parentage testing under Regulation 7 of the Family Law Regulations (Statutory Rules 1996 No. 265), will continue to be nominated reporters until 31 March 1998; and to amend Form 5 of Schedule 1 to the Act so that it includes a requirement to note the date on which a parentage testing procedure was carried out.

Section 69W of the Act enables a Court to order parentage testing where the parentage of a child is in issue. Section 69ZB provides that the Regulations may make provision relating to the carrying out of parentage testing procedures under a Court order and for the preparation of reports relating to the information obtained as a result of carrying out such procedures.

Part IIA of the Regulations makes provision for the medical procedures and reports.

Regulation 21F, which was repealed by an earlier amendment to the Family Law Regulations (Statutory Rules 1996 No. 265), provided that a person may be appointed by the Attorney-General to conduct parentage tests and prepare reports for the Court. Transitional provisions in Regulation 7 of Statutory Rules 1996 No. 265, provided that appointments under the former Regulation 21F would continue for a period of 12 months until 31 December 1997. During that 12 months a new scheme would be established under which parentage testing laboratories are encouraged to obtain accreditation by the National Association of Testing Authorities (NATA). The amendment to the Regulations provides that these appointments will now expire on 31 March 1998. This will provide parentage testing laboratories with a further 3 months in which to obtain accreditation, while allowing their employees to continue performing parentage testing for the purposes of the Act.

Form 5 in Schedule 1 of the Act must be completed by nominated reporters when performing parentage testing for the purposes of the Act. The Form does not currently require the reporter to include the date on which a parentage testing procedure was performing . The amendments will provide for the date to be included.

The details of the amendments to the Regulations are set out in the attachment.

This Minute recommends that the Regulations be made in the form proposed and commence on 1 January 1998.

NOTES ON REGULATIONS

Regulation 1 provides for the commencement of the amending Regulations on 1 January 1998.

Regulation 2 is a formal provision.

Regulation 3 amends Schedule 1, Form 5, to provide that the date on which a parentage test is undertaken must be noted on the Form.

Regulation 4 is a transitional amendment which extends the effect of the Attorney General's appointment of nominated reporters for parentage testing purposes until 31 March 1998.