South Australian Current Acts
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FAMILY AND COMMUNITY SERVICES ACT 1972
TABLE OF PROVISIONS
Long Title
PART 1--Preliminary
1. Short title
6. Interpretation
PART 2--The promotion of family and community welfare
Division 1--Administration
8. Delegation
Division 2--Objectives and powers of the Minister and the Department
10. Objectives of the Minister and the Department
Division 4--Community aides
16. Appointment of community aides
17. Duties and functions
18. Allowances in respect of expenses
19. Training of community aides
20. Register
PART 3--The provision of family and community services
Division 1--Provision of local services
22. Provision of services from family and community services centres and other places
Division 2--Special welfare funds
23. Special funds
Division 3--Contracts for services
24. The Minister may enter into agreements for services
PART 4--Support services for children
Division 2--Services and facilities for children
Subdivision 2--Establishment of certain facilities and programmes for children
36. Establishment of facilities and programmes for children
PART 6--Maintenance obligation
Division 1--Maintenance orders
Subdivision 1--Orders with respect to children
98. Liability of near relatives for maintenance of child
99. Issue of summons for maintenance
100. Order for payment of maintenance
101. Complaints in respect of maintenance of two or more children
Subdivision 2--Orders etc in affiliation cases
102. Court may adjudge defendant to be father of child in affiliation cases
103. Warrant may issue in lieu of summons
104. Order for payment of preliminary expenses
105. Where order made during pregnancy
106. Order may be made, without complaint, in proceedings against father
107. Power of court to make order for future maintenance of child upon complaint for preliminary expenses
108. Compellability of defendant as witness in affiliation cases
109. Liability for contribution toward preliminary expenses and maintenance
110. Power to lay complaint for support of child born outside marriage against one or more persons
111. Power of Chief Executive to accept settlement in full
112. Provision for blood tests
Subdivision 3--Orders for payment of medical and hospital expenses in connection with lawful termination of pregnancy
113. Orders re payment of medical expenses etc where pregnancy terminated
Subdivision 4--Orders for medical and other expenses
117. Order for payment of medical and like expenses
Division 3--Jurisdiction and powers of Magistrates Court
130. General jurisdiction of courts of summary jurisdiction in respect of orders under this Part
131. Orders directing payment of nominal sum only
133. Interim orders for payment of maintenance
Division 4--Provisions relating to the commencement and duration of orders and to evidentiary matters
Subdivision 1--Commencement and duration of orders
134. Orders for maintenance of children etc
135. Maintenance after child's eighteenth year
136. Orders for support of wife, husband or child may include provision for past maintenance
138. Recovery of arrears after cessation of order
Subdivision 2--Evidentiary provisions
140. Evidence of mother as to paternity of child born outside marriage etc not to be accepted without corroboration except in certain cases
141. Proof of marriage
142. Evidentiary provision
Division 5--Provisions relating to the discharge, suspension, variation and revival of orders
143. Application of Division
144. General power to discharge, suspend or vary order
145. Variation of order against near relative of child
146. Effect of suspension order
147. Plural births
148. Power of court to revive suspended order
Division 6--Procedural
149. Complaints
150. Complaints in affiliation cases
151. Orders may direct mode of payment
152. Non-appearance of defendant
153. Court may set aside order made in the absence of the defendant
154. Court may require defendant to state his or her employer etc
Division 7--Enforcement of orders and supplementary provisions
Subdivision 1--Attachment of property, caveats, warrants, disobedience of orders etc
155. Attachment of property of persons against whom order is sought
156. Order for delivery of attached property
157. Attachment may be pleaded
158. Liability of persons contravening order
159. Collection by police of money due to Chief Executive
160. Caveats
161. Warrant to enforce payments under orders
162. Registration of warrant and effect thereof
163. Sale under warrant
164. Assurances to purchaser
165. Issue of warrant without previous demand
166. Effect of payment under warrant
167. Application of money received under warrant
168. Bond or security for compliance with maintenance order
169. Power to commit for failure to pay maintenance
170. Warrant may be issued upon complaint enforcing maintenance order
172. Disobedience of order and quitting State
173. Leaving child under certain circumstances an offence
174. Warrant for arrest may be issued before offence committed
Subdivision 2--Attachment of earnings
175. Interpretation
176. Application for attachment of earnings order
177. Employer to make payments under order
178. Power to make attachment of earnings order instead of other order
179. Discharge, suspension or variation of order
180. Cessation of attachment of earnings order
181. Compliance with order
182. Where two or more orders are in force
183. Notice to defendants of payments made
184. Determination as to what payments are earnings
185. Service
186. Defence to prosecution under this Subdivision
187. Dismissing an employee etc by reason of the making of an attachment of earnings order
188. Application of Subdivision
189. Payments by Crown etc
Subdivision 3--General
190. Provision where defendant supported wife, husband or child during any period
191. Duties of Registrar of court in relation to orders
192. Penalty for molesting child contrary to interstate custody order
194. Compellability of defendant as witness at hearing of complaint for non-compliance
195. Proof of payment or non-payment under maintenance order
Division 8--Reciprocal enforcement of orders
Subdivision 1--Interpretation and administration
196. Interpretation
197. Collector of Maintenance, Deputy Collector of Maintenance and Assistant Collectors of Maintenance
198. Powers of Collector
Subdivision 2--Interstate maintenance
200. Transmission of South Australian orders for enforcement in other States
201. Enforcement in this State of orders made in other Australian States
202. Collector to notify original State when defendant leaves this State
203. Application for provisional order of variation
204. Discharge, suspension or variation of order made in absence of defendant
205. Law to be applied
206. Order of variation to be provisional only
207. Procedure where provisional order remitted by court of other Australian State
208. Confirmation in this State of provisional orders made in other Australian States
209. Proceedings for enforcement
Subdivision 3--Overseas maintenance
210. Transmission of maintenance orders made in this State for enforcement in reciprocating countries
211. Power to make provisional order against person resident in reciprocating country
212. Cancellation of registration
213. Registration of overseas orders
214. Confirmation of provisional orders made overseas
215. Order enforceable in this State may be sent to another Australian State
216. Registration of overseas orders registered or confirmed in another Australian State
217. Transmission of documents where defendant not in this State
218. Cancellation of registration
219. Proceedings for enforcement
220. Defendant in this State may apply for order of variation
221. Discharge, suspension or variation of order made in absence of defendant
222. Law to be applied
223. Certain orders to be provisional only
224. Procedure where provisional order remitted by court in reciprocating country
225. Confirmation in this State of provisional orders of variation made in reciprocating countries
226. Power of Governor to declare reciprocating countries
Subdivision 4--General
227. Payments to be made to Collector
228. Collector to notify changes in orders enforceable in other Australian States or reciprocating countries
229. Collector to note changes in orders made or enforceable in South Australia
230. Conversion of currency
231. Translation of orders and records
232. Certificate of payment of arrears
233. Evidentiary
234. Service of documents
235. Audit
PART 7--Provisions of general application
236A. Hindering a person in execution of duty
236B. Impersonating an employee of the Department
237. Exclusion of persons from the hearing of certain cases
238. Restriction on publication of reports on affiliation proceedings etc
239. Institution and conduct of proceedings
240. Evidentiary provision
242. The Chief Executive may require report
243. Ascertainment of earnings
244. Appropriation of maintenance payments
245. Evidence of spouses
246. Officer of Department not to be compelled to give certain evidence etc
247. Application of Act to persons residing outside the State
248. Continuity of order
249. Orders need not be served
251. Regulations
Legislative history
Appendix--Divisional penalties and expiation fees
The Parliament of South Australia enacts as
follows:
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