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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