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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Family Court Amendment (Commonwealth
Reforms) Bill 2024
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Family Court Act 1997
amended
3. Act amended 3
4. Section 4 amended 3
5. Section 5 amended 3
6. Section 6 amended 7
7. Section 7 amended 8
8. Section 8 amended 9
9. Section 24 amended 9
10. Section 33 amended 10
11. Section 33B inserted 11
33B. Protection of registrars 11
12. Section 37 amended 11
13. Section 43 amended 12
14. Section 43A amended 13
15. Section 43B inserted 14
43B. Transfer of proceedings to the Court --
FLA s. 46(3A) 14
16. Section 47 amended 14
17. Section 51 amended 15
18. Part 4 Division 4 inserted 16
Division 4 -- Post-separation parenting programs
59A. Admissibility of communications in
post-separation parenting programs --
FLA s. 10PA 16
187--1 page i
Family Court Amendment (Commonwealth Reforms) Bill 2024
Contents
19. Section 62 amended 17
20. Section 63 amended 17
21. Part 4AA inserted 18
Part 4AA -- Family report writers
65AA. Family report writers -- FLA s. 11H 18
65AB. Designated family reports -- FLA s. 11J 18
65AC. Regulations prescribing standards and
requirements for family report writers --
FLA s. 11K 19
65AD. Disclosure by court to
regulator -- FLA s. 11L 22
65AE. Immunity of regulator -- FLA s. 11M 22
22. Section 65G amended 22
23. Part 5 Division 1 Subdivision 1 heading amended 23
24. Section 66 replaced 23
66. Objects of Part -- FLA s. 60B 23
25. Section 66C replaced 23
66C. How a court determines what is in child's
best interests -- FLA s. 60CC 23
26. Section 66D amended 25
27. Section 66HB amended 26
28. Section 66HC amended 27
29. Section 66H amended 27
30. Section 66I amended 28
31. Section 69A inserted 29
69A. Consultation between parents on major
long-term issues -- FLA s. 61CA 29
32. Section 70 amended 29
33. Sections 70A and 70B replaced 30
70A. Effect of parenting order that provides for
joint decision-making about major
long-term issues -- FLA s. 61DAA 30
70B. No need to consult on issues that are not
major long-term issues -- FLA s. 61DAB 30
34. Section 78A amended 31
35. Section 86 amended 31
36. Section 89 amended 31
37. Section 89AAA inserted 32
89AAA. Reconsideration of final parenting
orders -- FLA s. 65DAAA 32
38. Section 89AA deleted 33
39. Sections 89AC and 89AD deleted 33
page ii
Family Court Amendment (Commonwealth Reforms) Bill 2024
Contents
40. Section 91 amended 33
41. Part 5 Division 6 Subdivisions 3 and 4 deleted 33
42. Section 106 amended 33
43. Sections 107 and 108 replaced 34
107. Obligations if certain parenting orders
have been made: taking or sending child
outside Australia -- FLA s. 65Y 34
107A. Obligations if certain parenting orders
have been made: retaining child outside
Australia -- FLA s. 65YA 35
108. Obligations if proceedings for the making
of certain parenting orders are pending:
taking or sending child outside
Australia -- FLA s. 65Z 37
108A. Obligations if proceedings for the making
of certain parenting orders are pending:
retaining child outside Australia --
FLA s. 65ZAA 38
44. Section 109 amended 40
45. Section 110 amended 41
46. Section 111 amended 43
47. Section 133 amended 43
48. Section 160 amended 43
49. Section 162B amended 44
50. Part 5 Division 8 Subdivision 4A inserted 44
Subdivision 4A -- Orders for information in
child-related proceedings
162C. Meaning of information sharing agency --
FLA s. 67ZBC 44
162D. Order to provide particulars of documents
or information relating to certain
matters -- FLA s. 67ZBD 44
162E. Order to provide documents or information
relating to certain matters -- FLA
s. 67ZBE 46
162F. Disclosure of protected material -- FLA
s. 67ZBF 48
162G. Advice to court about risk of disclosure --
FLA s. 67ZBG 50
162H. Admission of particulars, documents or
information into evidence -- FLA
s. 67ZBH 50
162I. Information sharing agencies and court
must have regard to information sharing
safeguards -- FLA s. 67ZBI 52
page iii
Family Court Amendment (Commonwealth Reforms) Bill 2024
Contents
162J. When orders may be made -- FLA
s. 67ZBJ 52
162K. Subpoena in respect of certain documents
or information -- FLA s. 67ZBK 53
51. Section 163 replaced 53
163. Orders for delivery of travel documents --
FLA s. 67ZD 53
52. Section 164 amended 54
53. Section 165 amended 54
54. Section 173 amended 55
55. Section 174 amended 55
56. Section 176 amended 56
57. Section 177 amended 56
58. Section 178 amended 56
59. Section 188 amended 57
60. Section 194A inserted 57
194A. Declarations of parentage -- FLA s. 69VA 57
61. Part 5 Division 11 Subdivision 6 inserted 58
Subdivision 6 -- Short form reasons for decisions
relating to interim parenting orders
202AA. Short form reasons for decisions relating
to interim parenting orders -- FLA s. 69ZL 58
62. Section 202K deleted 58
63. Part 5 Division 13 replaced 58
Division 13 -- Orders in proceedings relating to
contraventions of child-related orders
Subdivision 1 -- Preliminary
205A. Simplified outline -- FLA s. 70NAA 58
205B. Objects -- FLA s. 70NAB 60
205C. Meaning of contravene a child-related
order -- FLA s. 70NAC 60
205D. Meaning of reasonable excuse for
contravening a child-related order --
FLA s. 70NAD 62
205E. Burden of proof in relation to reasonable
excuse -- FLA s. 70NADA 63
205F. Standard of proof -- FLA s. 70NAE 63
Subdivision 2 -- Orders relating to contraventions of
child-related orders
205G. Court may make orders in proceedings
relating to contravention of child-related
orders -- FLA s. 70NBA 64
205H. Make-up time parenting orders --
FLA s. 70NBB 65
page iv
Family Court Amendment (Commonwealth Reforms) Bill 2024
Contents
205I. Variation and suspension of child-related
orders that are parenting orders --
FLA s. 70NBC 65
205J. Post-separation parenting programs --
FLA 70NBD 66
205K. Orders where contravention established
without reasonable excuse --
FLA s. 70NBF 67
Subdivision 3 -- Further provisions relating to
bonds and imprisonment
205L. Matters relating to bonds --
FLA s. 70NCA 68
205M. Procedure for enforcing bonds --
FLA s. 70NCB 69
205N. Matters relating to imprisonment --
FLA s. 70NCC 70
205O. Powers of court in relation to imprisoned
person -- FLA s. 70NCD 71
205P. Rules relating to child maintenance orders
and child support -- FLA s. 70NCE 72
Subdivision 4 -- Miscellaneous
205Q. Court may issue warrant for arrest of
alleged offender -- FLA s. 70NDA 73
205R. Relationship between Division and
prosecutions for offences under other
laws -- FLA s. 70NDB 73
Division 14 -- Dealing with people who have been
arrested
Subdivision 1 -- What this Division does
205S. What this Division does -- FLA s. 70P 74
Subdivision 2 -- Dealing with people who have been
arrested
205SA. Situation to which this Subdivision
applies -- FLA s. 70PA 74
205SB. Arrested person to be brought before
court -- FLA s. 70PB 75
205SC. Obligation of court where application
before it to deal with contravention --
FLA s. 70PC 76
205SD. Obligation of court where no application
before it, but application before another
court, to deal with contravention --
FLA s. 70PD 76
205SE. Obligation of court where no application
before any court to deal with
contravention -- FLA s. 70PE 78
page v
Family Court Amendment (Commonwealth Reforms) Bill 2024
Contents
205SF. Applications heard as required by
section 205SC(2) or 205SD(3)(b) --
FLA s. 70PF 78
64. Part 8 Division 1A inserted 79
Division 1A -- Overarching purpose of the family law
practice and procedure provisions
211C. Overarching purpose of the family law
practice and procedure provisions -- FLA
s. 95 79
211D. Duty to act consistently with overarching
purpose -- FLA s. 96 80
65. Section 212 amended 82
66. Section 214C amended 82
67. Section 219AI amended 82
68. Parts 8A and 8B inserted 83
Part 8A -- Suppression and non-publication orders
Division 1 -- Preliminary
219AM. Terms used -- FLA s. 102P 83
219AN. Powers of a court not affected -- FLA
s. 102PA 84
219AO. Other laws not affected -- FLA s. 102PB 84
219AP. Relationship with Part 11A -- FLA
s. 102PC 84
Division 2 -- Suppression and non-publication
orders
219AQ. Safeguarding public interest in open
justice -- FLA s. 102PD 84
219AR. Power to make orders -- FLA s. 102PE 84
219AS. Grounds for making an order -- FLA
s. 102PF 85
219AT. Procedure for making an order -- FLA
s. 102PG 86
219AU. Interim orders -- FLA s. 102PH 87
219AV. Duration of orders -- FLA s. 102PI 87
219AW. Exception for court officials -- FLA
s. 102PJ 88
219AX. Contravention of order -- FLA s. 102PK 88
Part 8B -- Decrees and orders relating to
unmeritorious, harmful, and vexatious
proceedings
Division 1 -- Preliminary
219AY. Terms used -- FLA s. 102Q 89
219AZ. Interactions between provisions and with
other powers of court -- FLA s. 102QA 91
page vi
Family Court Amendment (Commonwealth Reforms) Bill 2024
Contents
Division 2 -- Summary decrees
219AZA. Summary decrees -- FLA s. 102QAB 91
Division 3 -- Harmful proceedings orders
Subdivision 1 -- Making harmful proceedings orders
219AZB. Making harmful proceedings orders --
FLA s. 102QAC 93
Subdivision 2 -- Consequences of harmful
proceedings orders
219AZC. Proceedings in contravention of harmful
proceedings order -- FLA s. 102QAD 95
219AZD. Application for leave to institute
proceedings -- FLA s. 102QAE 96
219AZE. Dismissing application for leave --
FLA s. 102QAF 96
219AZF. Granting application for leave --
FLA s. 102QAG 97
Division 4 -- Vexatious proceedings orders
Subdivision 1 -- Making vexatious proceedings
orders
219AZG. Making vexatious proceedings orders --
FLA s. 102QB 97
219AZH. Notification of vexatious proceedings
orders -- FLA s. 102QC 99
Subdivision 2 -- Consequences of vexatious
proceedings orders
219AZI. Proceedings in contravention of vexatious
proceedings order -- FLA s. 102QD 100
219AZJ. Application for leave to institute
proceedings by person subject to
vexatious proceedings order --
FLA s. 102QE 101
219AZK. Dismissing application for leave by person
subject to vexatious proceedings order --
FLA s. 102QF 102
219AZL. Granting application for leave by person
subject to vexatious proceedings order --
FLA s. 102QG 102
69. Section 220A amended 103
70. Section 231 amended 104
71. Section 233A amended 104
72. Section 234 amended 104
73. Part 11A inserted 105
Part 11A -- Restriction on communication of
accounts and lists of proceedings
236A. Terms used -- FLA s. 114P 105
page vii
Family Court Amendment (Commonwealth Reforms) Bill 2024
Contents
236B. Indictable offence: communication to the
public of account of proceedings that
identifies parties or others involved in
proceedings -- FLA s. 114Q 105
236C. Indictable offence: communication to the
public of list of court proceedings that
refers to names of parties -- FLA s. 114R 107
236D. When a communication is not a
communication to the public -- FLA
s. 114S 108
236E. Consent of DPP required to commence
proceedings -- FLA s. 114T 110
74. Section 237 amended 110
75. Section 238 amended 111
76. Section 240 amended 111
77. Sections 242 and 243 deleted 111
78. Section 243A replaced 111
243A. Making arrests under this Act or
warrants -- FLA s. 122A 111
243B. Powers to enter and search premises, and
stop conveyances, for making arrests
under this Act or warrants -- FLA
s. 122AA 113
79. Section 244 amended 114
80. Section 245 amended 115
81. Section 247 amended 115
82. Schedule 2 Division 4 inserted 115
Division 4 -- Provisions for Family Court
Amendment (Commonwealth Reforms)
Act 2024
14. Application of amendments 115
Part 3 -- Other Acts amended
83. Adoption Act 1994 amended 121
84. Surrogacy Act 2008 amended 121
page viii
Western Australia
LEGISLATIVE ASSEMBLY
Family Court Amendment (Commonwealth
Reforms) Bill 2024
A Bill for
An Act to amend the Family Court Act 1997 and to consequentially
amend other Acts.
The Parliament of Western Australia enacts as follows:
page 1
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Family Court Amendment (Commonwealth Reforms)
4 Act 2024.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation.
page 2
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 3
1 Part 2 -- Family Court Act 1997 amended
2 3. Act amended
3 This Part amends the Family Court Act 1997.
4 4. Section 4 amended
5 (1) In section 4 delete "Without limiting section 32(2) of the
6 Interpretation Act 1984, a" and insert:
7
8 (1) A
9
10 (2) At the end of section 4 insert:
11
12 (2) A reference to "FCFCAA" followed by a section
13 designation in the heading to a section of this Act is a
14 reference to the section of the Federal Circuit and
15 Family Court of Australia Act 2021 (Commonwealth)
16 with which the section in this Act is comparable.
17 (3) Nothing in this section limits the Interpretation
18 Act 1984 section 32(2).
19
20 Note: The heading to amended section 4 is to read:
21 References in section headings and definitions to comparable
22 provisions of Commonwealth Acts
23 5. Section 5 amended
24 (1) In section 5(1) delete the following definitions and any
25 reference immediately before each definition to "FLA" followed
26 by a section designation:
27 community service order
28 contravened an order
29 Family Court of Australia
page 3
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 5
1 order under this Act affecting children
2 primary order
3 proceedings
4 reasonable excuse for contravening
5 (2) In section 5(1) insert in alphabetical order:
6
7 case guardian --
8 (a) means a person appointed by a court under the
9 rules to manage and conduct a case for a child
10 or a person with a disability; and
11 (b) includes a next friend, guardian ad litem, tutor
12 or litigation guardian;
13 (FLA s. 4(1))
14 child-related order -- see section 205G(2);
15 (FLA s. 4(1))
16 communicate -- see section 236A(1);
17 (FLA s. 4(1))
18 contravene, in relation to a child-related order -- see
19 section 205C;
20 (FLA s. 4(1))
21 conveyance includes a vehicle, a vessel and an aircraft;
22 (FLA s. 4(1))
23 designated family report -- see section 65AB;
24 (FLA s. 4(1))
25 dwelling house includes a conveyance, or a room in
26 accommodation, in which people ordinarily retire for
27 the night;
page 4
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 5
1 (FLA s. 4(1))
2 family law practice and procedure provisions has the
3 meaning given by section 211C(4);
4 (FLA s. 4(1))
5 family report writer -- see section 65AA;
6 (FLA s. 4(1))
7 Federal Circuit and Family Court of Australia means
8 the Federal Circuit and Family Court of Australia
9 (Division 1);
10 final parenting order includes a parenting order that is
11 an interlocutory order if the parenting order is not
12 expressed to be an order until further order;
13 (FLA s. 4(1))
14 information sharing agency has the meaning given by
15 section 162C;
16 (FLA s. 4(1))
17 information sharing safeguards has the meaning
18 given by section 162I(1);
19 (FLA s. 4(1))
20 proceedings --
21 (a) means a proceeding in a court, whether
22 between parties or not, and includes
23 cross-proceedings or an incidental proceeding
24 in the course of or in connection with a
25 proceeding; and
26 (b) in Part 11A, includes a part of proceedings;
27 (FLA s. 4(1))
28 protected material has the meaning given by
29 section 162F(3);
page 5
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 5
1 (FLA s. 4(1))
2 public -- see section 236A(2);
3 (FLA s. 4(1))
4 reasonable excuse, in relation to contravening a
5 child-related order, has a meaning affected by
6 section 205D;
7 (FLA s. 4(1))
8 regulator -- see section 65AC(2)(b);
9
10 (3) In section 5(1) in the definition of alleged contravention delete
11 "Division 6 Subdivision 4," and insert:
12
13 Division 14 Subdivision 2,
14
15 (4) In section 5(1) in the definition of alleged offender delete
16 "Division 6 Subdivision 4," and insert:
17
18 Division 14 Subdivision 2,
19
20 (5) In section 5(1) immediately before the definition of Part 5
21 Order delete "(FLA s. 4(1))".
22 (6) In section 5(1) in the definition of relative:
23 (a) in paragraph (a)(vi) delete "child;" and insert:
24
25 child; or
26
page 6
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 6
1 (b) after paragraph (a)(vi) insert:
2
3 (vii) for an Aboriginal child or Torres Strait
4 Islander child -- a person who, in
5 accordance with the child's Aboriginal
6 or Torres Strait Islander culture
7 (including but not limited to any kinship
8 systems of that culture), is related to the
9 child;
10
11 (c) delete paragraph (b) and insert:
12
13 (b) in section 6(e) -- has the meaning given by
14 section 7(1); and
15 (c) in section 6(ea) -- has the meaning given by
16 section 7(2);
17
18 (7) In section 5(1) in the definition of step-parent paragraph (c)
19 after "marriage" insert:
20
21 or de facto relationship
22
23 6. Section 6 amended
24 (1) Delete section 6(b) and insert:
25
26 (b) section 66C(4)(a); and
27
28 (2) Delete section 6(e) and insert:
29
30 (e) the first person is or has been a relative of the
31 second person within the meaning of
32 section 7(1); or
page 7
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 7
1 (ea) except for the purposes of sections 66F, 66HA
2 and 66HB -- the first person is or has been a
3 relative of the second person within the
4 meaning of section 7(2); or
5
6 7. Section 7 amended
7 (1) In section 7:
8 (a) delete "For" and insert:
9
10 (1) For
11
12 (b) delete "section 6," and insert:
13
14 section 6(e),
15
16 (2) At the end of section 7 insert:
17
18 (2) For the purposes of section 6(ea), if a person is related
19 to an Aboriginal or Torres Strait Islander child in
20 accordance with the child's Aboriginal or Torres Strait
21 Islander culture (including but not limited to any
22 kinship systems of that culture), the person is a relative
23 of the child.
24
25 Note: The heading to amended section 7 is to read:
26 Meaning of relative -- FLA s. 4(1AC) and (1AD)
page 8
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 8
1 8. Section 8 amended
2 In section 8 after "4," insert:
3
4 4A, 4AA, 4B, 4C,
5
6 9. Section 24 amended
7 In section 24:
8 (a) delete "Family Court of Australia" (1st occurrence) and
9 insert:
10
11 Federal Circuit and Family Court of Australia
12
13 (b) in paragraph (a) delete "Family Court of Australia," and
14 insert:
15
16 Federal Circuit and Family Court of Australia,
17
18 (c) in paragraph (a) delete "Family Court of Australia; and"
19 and insert:
20
21 Federal Circuit and Family Court of Australia; and
22
23 (d) in paragraph (c) delete "Family Court of Australia," and
24 insert:
25
26 Federal Circuit and Family Court of Australia,
27
page 9
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 10
1 (e) in paragraph (c) delete "Family Court of Australia; and"
2 and insert:
3
4 Federal Circuit and Family Court of Australia; and
5
6 (f) in paragraph (d) delete "Family Court of Australia," and
7 insert:
8
9 Federal Circuit and Family Court of Australia,
10
11 10. Section 33 amended
12 (1) Delete section 33(3) and insert:
13
14 (3) The following powers of the Court cannot be delegated
15 to a registrar --
16 (a) the power to make a divorce order in
17 proceedings that are defended;
18 (b) the power to make a decree of nullity of
19 marriage;
20 (c) the power to make a declaration as to the
21 validity of --
22 (i) a marriage; or
23 (ii) a divorce; or
24 (iii) the annulment of a marriage;
25 (d) the power to make an excluded child order as
26 defined in subsection (4A);
27 (e) the power to make an order setting aside a
28 registered award under section 65Q or 65R.
29
page 10
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 11
1 (2) In section 33(4A) in the definition of excluded child order
2 before paragraph (c) insert:
3
4 (ba) an order made under section 205H; or
5
6 Note: The heading to amended section 33 is to read:
7 Delegation of powers to registrars -- FCFCAA s. 98
8 11. Section 33B inserted
9 At the end of Part 2 Division 3 insert:
10
11 33B. Protection of registrars
12 (1) In conducting a conference relating to a matter relevant
13 to a proceeding, a registrar of the Court has the same
14 protection and immunity as a judge has in performing
15 the functions of a judge.
16 (2) This section does not limit any other protection or
17 immunity such a registrar has (in relation to such a
18 conference or otherwise).
19
20 12. Section 37 amended
21 In section 37(1)(a) delete "a man and a woman" and insert:
22
23 2 people
24
page 11
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 13
1 13. Section 43 amended
2 (1) Delete section 43(1) and insert:
3
4 (1) This section applies if --
5 (a) proceedings for a parenting order (other than a
6 child maintenance order) or an order relating to
7 the welfare of a child are instituted in or
8 transferred to the Magistrates Court (the court);
9 and
10 (b) the court is not constituted by a family law
11 magistrate; and
12 (c) the respondent, in answer to the application by
13 which the proceedings were instituted, seeks an
14 order different from that sought in the
15 application.
16
17 (2) After section 43(3) insert:
18
19 (3A) Before transferring the proceedings, the court may
20 make such orders (including an order under
21 section 65K(1)) as it considers necessary pending the
22 disposal of the proceedings by the Court.
23
24 (3) Delete section 43(4a) and (4b).
25 (4) In section 43(7) and (8) delete "Magistrates Court" and insert:
26
27 court
28
page 12
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 14
1 (5) Delete section 43(9).
2 Note: The heading to amended section 43 is to read:
3 Transfer of proceedings from Magistrates Court in parenting
4 cases
5 14. Section 43A amended
6 (1) In section 43A(1):
7 (a) in paragraph (a) delete "other" and insert:
8
9 higher
10
11 (b) in paragraph (a) after "instituted in" insert:
12
13 or transferred to
14
15 (c) in paragraph (c) delete "are" and insert:
16
17 were
18
19 (2) In section 43A(4) after "instituted in" insert:
20
21 or transferred to
22
23 (3) In section 43A(7):
24 (a) delete "a court" and insert:
25
26 the Court
27
28 (b) delete "that court shall" and insert:
29
30 the Court must
31
page 13
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 15
1 (c) delete "that court." and insert:
2
3 the Court.
4
5 (4) After section 43A(8) insert:
6
7 (9) Subsection (8) does not affect the duty of the court to
8 comply with this section.
9
10 Note: The heading to amended section 43A is to read:
11 Transfer of proceedings from Magistrates Court in cases in
12 relation to property -- FLA s. 46
13 15. Section 43B inserted
14 After section 43A insert:
15
16 43B. Transfer of proceedings to the Court --
17 FLA s. 46(3A)
18 If proceedings under this Act are pending in the
19 Magistrates Court, and the Magistrates Court is not
20 constituted by a family law magistrate, the Court may,
21 on the application of a party or of its own motion, order
22 that the proceedings be removed to the Court.
23
24 16. Section 47 amended
25 In section 47 in the definition of family counselling:
26 (a) in paragraph (b)(ii) delete "children." and insert:
27
28 children;
29
page 14
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 17
1 (b) after paragraph (b) insert:
2
3 or
4 (c) one or more persons who may apply for a
5 parenting order under section 88 to deal with
6 issues relating to the care of children.
7
8 17. Section 51 amended
9 In section 51 in the definition of family dispute resolution
10 delete paragraph (a) and insert:
11
12 (a) in which a family dispute resolution
13 practitioner --
14 (i) helps people affected, or likely to be
15 affected, by the breakdown of a
16 relationship covered by this Act to
17 resolve some or all of their disputes
18 with each other; or
19 (ii) helps persons who may apply for a
20 parenting order under section 88 to
21 resolve some or all of their disputes
22 with each other relating to the care of
23 children;
24 and
25
page 15
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 18
1 18. Part 4 Division 4 inserted
2 At the end of Part 4 insert:
3
4 Division 4 -- Post-separation parenting programs
5 59A. Admissibility of communications in post-separation
6 parenting programs -- FLA s. 10PA
7 (1) Evidence of anything said, or of any admission made,
8 by a person attending a post-separation parenting
9 program is not admissible --
10 (a) in any court (whether of a kind referred to in
11 section 8(a) or (b) or otherwise); or
12 (b) in any proceedings before a person authorised
13 by a law of the Commonwealth, of a State or of
14 a Territory, or by the consent of the parties, to
15 hear evidence.
16 (2) Subsection (1) does not apply to an admission or
17 disclosure referred to in subsection (3) unless, in the
18 opinion of the court or person authorised to hear
19 evidence referred to in subsection (1), there is
20 sufficient evidence of the admission or disclosure
21 available to the court from other sources.
22 (3) For the purposes of subsection (2), the admissions and
23 disclosures are the following --
24 (a) an admission by an adult that indicates that a
25 child under 18 has been abused or is at risk of
26 abuse;
27 (b) a disclosure by a child under 18 that indicates
28 that the child has been abused or is at risk of
29 abuse.
30
page 16
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 19
1 19. Section 62 amended
2 Delete section 62(3) and insert:
3
4 (3) Despite subsection (2), a thing said or admission made
5 is admissible even if the person who said the thing or
6 made the admission had not been informed of the effect
7 of subsection (1), if --
8 (a) it is an admission by an adult that indicates that
9 a child who has not attained the age of 18 years
10 has been abused or is at risk of abuse; or
11 (b) it is a disclosure by a child who has not attained
12 the age of 18 years that indicates that a child
13 who has not attained the age of 18 years has
14 been abused or is at risk of abuse.
15 (4) Subsection (3) does not apply if, in the opinion of the
16 court, there is sufficient evidence of the admission or
17 disclosure available to the court from other sources.
18
19 20. Section 63 amended
20 (1) In section 63 delete "A family consultant has, in performing his
21 or her" and insert:
22
23 (1) A family consultant has, in performing their
24
25 (2) At the end of section 63 insert:
26
27 (2) However, if a family consultant is also a family report
28 writer, that protection and immunity --
29 (a) does not relieve the family consultant of their
30 obligations under regulations made for the
31 purposes of section 65AC; and
page 17
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 21
1 (b) does not extend to action taken to enforce such
2 regulations.
3
4 21. Part 4AA inserted
5 After section 65A insert:
6
7 Part 4AA -- Family report writers
8 65AA. Family report writers -- FLA s. 11H
9 Any individual who prepares a designated family
10 report is a family report writer.
11 65AB. Designated family reports -- FLA s. 11J
12 (1) A report that relates to a child is a designated family
13 report if --
14 (a) the report is prepared following a family
15 assessment (which usually includes the report's
16 preparer meeting with the child and others
17 significant to the child's care, welfare and
18 development and, if appropriate, advising of the
19 child's views); and
20 (b) the report sets out the expert views and advice
21 of the report's preparer on parenting
22 arrangements for the purposes of parenting
23 orders being made by a court in relation to the
24 child; and
25 (c) the report is both --
26 (i) covered by subsection (2); and
27 (ii) not excluded by regulations made for
28 the purposes of this paragraph.
page 18
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 21
1 (2) This subsection covers the following reports --
2 (a) a report prepared for the court by a family
3 consultant in relation to an appointment (or a
4 series of appointments) a party to proceedings
5 has been directed to attend, or to arrange for a
6 child to attend, with the family consultant under
7 section 65;
8 (b) a report prepared by a family consultant at the
9 direction of the court under section 73(2);
10 (c) a report about a child prepared for the use of an
11 independent children's lawyer as mentioned in
12 section 166(2);
13 (d) any other report prepared for parties to
14 proceedings before a court, or for a court for
15 the purposes of proceedings before the court.
16 65AC. Regulations prescribing standards and
17 requirements for family report writers --
18 FLA s. 11K
19 (1) The regulations may make provision for, and in
20 relation to --
21 (a) standards and requirements that family report
22 writers, or a class or classes of family report
23 writers, must comply with in connection with
24 the role of preparing designated family reports;
25 and
26 (b) consequences of non-compliance with
27 prescribed standards and requirements.
28 (2) Without limiting subsection (1)(a), regulations made
29 for the purposes of that paragraph may deal with any or
30 all of the following matters --
31 (a) recognition, monitoring and enforcement of
32 compliance with prescribed standards and
33 requirements;
page 19
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 21
1 (b) the person or persons responsible for that
2 recognition, monitoring and enforcement (each
3 such person is a regulator);
4 (c) duties of family report writers, and persons
5 intending to become family report writers, in
6 relation to establishing and maintaining
7 recognition of their compliance, including
8 duties in relation to providing information and
9 documents to a regulator;
10 (d) circumstances in which a regulator may collect,
11 use and share information and documents for
12 the purposes of meeting the regulator's
13 responsibilities;
14 (e) review of decisions that affect recognition of a
15 family report writer's compliance;
16 (f) processes for dealing with persons who make
17 false or misleading representations about a
18 family report writer's compliance;
19 (g) processes for handling complaints involving
20 family report writers;
21 (h) training for family report writers;
22 (i) the charging of fees, to family report writers,
23 for services provided to them in connection
24 with recognition, and maintenance of
25 recognition, of their compliance;
26 (j) publication of the names of family report
27 writers who are recognised as complying with
28 prescribed standards and requirements;
29 (k) publication of information about the named
30 family report writers for the purposes of
31 informing the court, parties to proceedings and
32 the public about any or all of the following --
33 (i) their qualifications, training and
34 experience;
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Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 21
1 (ii) their availability;
2 (iii) the fees they charge;
3 (iv) their compliance status, including in
4 relation to particular standards or
5 requirements;
6 (v) any relevant memberships of
7 professional associations, registration or
8 employment;
9 (vi) any other matters relevant to their role
10 of preparing designated family reports;
11 (l) standards and requirements in relation to the
12 content of designated family reports.
13 (3) Regulations dealing with the matter mentioned in
14 subsection (2)(k) must not require or allow the
15 publication of personal information (as defined in the
16 Privacy Act 1988 (Commonwealth) section 6(1)) about
17 any child or other individual to whom a report relates.
18 (4) Without limiting subsection (1)(b), regulations made
19 for the purposes of that paragraph may do any or all of
20 the following --
21 (a) prescribe offences, the penalties for which do
22 not exceed $9 390;
23 (b) provide for suspension or cancellation of
24 recognition of compliance;
25 (c) provide that, if a family report writer is not
26 recognised, or if recognition of a family report
27 writer's compliance is suspended or cancelled,
28 a court must not have regard to designated
29 family reports prepared by the family report
30 writer;
31 (d) prohibit the preparation of designated family
32 reports by family report writers who are not
33 recognised.
page 21
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 22
1 65AD. Disclosure by court to regulator -- FLA s. 11L
2 A court may disclose any of the following to a
3 regulator, for the purposes of the regulator performing
4 the regulator's functions under the regulations --
5 (a) a designated family report prepared for or at the
6 direction of the court, or for a party to
7 proceedings before the court;
8 (b) a final order made by the court in proceedings
9 for which a designated family report was
10 prepared.
11 65AE. Immunity of regulator -- FLA s. 11M
12 A regulator is not liable in civil or criminal proceedings
13 for or in relation to anything done or omitted to be
14 done, in good faith, in the performance or exercise, or
15 purported performance or exercise, of the regulator's
16 functions or powers under regulations made for the
17 purposes of section 65AC.
18
19 22. Section 65G amended
20 In section 65G(1):
21 (a) in paragraph (b) delete "65D." and insert:
22
23 65D; and
24
25 (b) after paragraph (b) insert:
26
27 (c) section 65E.
28
page 22
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 23
1 23. Part 5 Division 1 Subdivision 1 heading amended
2 In the heading to Part 5 Division 1 Subdivision 1 delete "and
3 principles".
4 24. Section 66 replaced
5 Delete section 66 and insert:
6
7 66. Objects of Part -- FLA s. 60B
8 The objects of this Part are --
9 (a) to ensure that the best interests of children are
10 met, including by ensuring their safety; and
11 (b) to give effect to the Convention on the Rights
12 of the Child done at New York on
13 20 November 1989 as ratified by Australia at
14 17 December 1990.
15 Note for this section:
16 The text of the Convention is set out in Australian Treaty
17 Series 1991 No. 4 ([1991] ATS 4). In 2024, the text of the
18 Convention in the Australian Treaty Series was accessible
19 through the Australian Treaties Library on the AustLII
20 website (www.austlii.edu.au).
21
22 25. Section 66C replaced
23 Delete section 66C and insert:
24
25 66C. How a court determines what is in child's best
26 interests -- FLA s. 60CC
27 (1) Subject to subsection (4), in determining what is in the
28 child's best interests, the court must --
29 (a) consider the matters set out in subsection (2);
30 and
page 23
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 25
1 (b) if the child is an Aboriginal or Torres Strait
2 Islander child -- also consider the matters set
3 out in subsection (4).
4 (2) For the purposes of subsection (1)(a), the court must
5 consider the following matters --
6 (a) what arrangements would promote the safety
7 (including safety from being subjected to, or
8 exposed to, family violence, abuse, neglect, or
9 other harm) of --
10 (i) the child; and
11 (ii) each person who has care of the child
12 (whether or not a person has parental
13 responsibility for the child);
14 (b) any views expressed by the child;
15 (c) the developmental, psychological, emotional
16 and cultural needs of the child;
17 (d) the capacity of each person who has or is
18 proposed to have parental responsibility for the
19 child to provide for the child's developmental,
20 psychological, emotional and cultural needs;
21 (e) the benefit to the child of being able to have a
22 relationship with the child's parents, and other
23 people who are significant to the child, where it
24 is safe to do so;
25 (f) anything else that is relevant to the particular
26 circumstances of the child.
27 (3) In considering the matters set out in subsection (2)(a),
28 the court must include consideration of --
29 (a) any history of family violence, abuse or neglect
30 involving the child or a person caring for the
31 child (whether or not the person had parental
32 responsibility for the child); and
page 24
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 26
1 (b) any family violence order that applies or has
2 applied to the child or a member of the child's
3 family.
4 (4) For the purposes of subsection (1)(b), the court must
5 consider the following matters --
6 (a) the child's right to enjoy the child's Aboriginal
7 or Torres Strait Islander culture, by having the
8 support, opportunity and encouragement
9 necessary --
10 (i) to connect with, and maintain their
11 connection with, members of their
12 family and with their community,
13 culture, country and language; and
14 (ii) to explore the full extent of that culture,
15 consistent with the child's age and
16 developmental level and the child's
17 views; and
18 (iii) to develop a positive appreciation of
19 that culture;
20 (b) the likely impact any proposed parenting order
21 under this Part will have on that right.
22 (5) If the court is considering whether to make an order
23 with the consent of all the parties to the proceedings,
24 the court may, but is not required to, have regard to all
25 or any of the matters set out in subsection (2) or (4).
26
27 26. Section 66D amended
28 In section 66D(1) delete "66C(3)(a)" and insert:
29
30 66C(2)(b)
31
page 25
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 27
1 27. Section 66HB amended
2 (1) Delete section 66HB(1).
3 (2) In section 66HB(2):
4 (a) in paragraph (a)(i) delete "a prescribed government
5 agency; or" and insert:
6
7 an information sharing agency; or
8
9 (b) in paragraph (a)(ii) delete "a prescribed government
10 agency;" and insert:
11
12 an information sharing agency;
13
14 (3) In section 66HB(3):
15 (a) in paragraph (a)(i) delete "a prescribed government
16 agency; or" and insert:
17
18 an information sharing agency; or
19
20 (b) in paragraph (a)(ii) delete "a prescribed government
21 agency;" and insert:
22
23 an information sharing agency;
24
25 Note: The heading to amended section 66HB is to read:
26 Informing court of notifications to, and investigations by,
27 information sharing agencies -- FLA s. 60CI
page 26
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 28
1 28. Section 66HC amended
2 Delete section 66HC(2)(b) and insert:
3
4 (b) encourage the person to act in the child's best
5 interests by applying the considerations set out
6 in section 66C(2) and (4).
7
8 29. Section 66H amended
9 (1) Delete sections 66H(1), (3), (4) and (5).
10 (2) In section 66H(7):
11 (a) in paragraph (d) delete "issues." and insert:
12
13 issues;
14
15 (b) after paragraph (d) insert:
16
17 (e) a certificate to the effect that the person began
18 attending family dispute resolution with the
19 practitioner and the other party or parties to the
20 proceedings in relation to the issue or issues
21 that the order would deal with, but that the
22 practitioner considers, having regard to the
23 matters prescribed by the regulations for the
24 purposes of this paragraph, that it would not be
25 appropriate to continue the family dispute
26 resolution.
27
page 27
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 30
1 30. Section 66I amended
2 (1) Delete section 66I(1) and insert:
3
4 (1) Subsection (1A) applies if --
5 (a) an application is made for a Part 5 Order in
6 relation to a child; and
7 (b) section 66H(6) does not apply to the application
8 because the court is satisfied that there are
9 reasonable grounds to believe that --
10 (i) there has been abuse of the child by one
11 of the parties to the proceedings; or
12 (ii) there has been family violence by one of
13 the parties to the proceedings.
14 (1A) A court must not hear the application unless the
15 applicant has indicated in writing that the applicant has
16 received information from a family counsellor or
17 family dispute resolution practitioner about the services
18 and options (including alternatives to court action)
19 available in circumstances of abuse or violence.
20
21 (2) In section 66I(2) delete "(1)" and insert:
22
23 (1A)
24
25 (3) Delete section 66I(3) and insert:
26
27 (3) A failure to comply with subsection (1A) in relation to
28 proceedings on an application for a Part 5 Order does
29 not affect the validity of --
30 (a) those proceedings; or
page 28
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 31
1 (b) any order made in those proceedings.
2
3 31. Section 69A inserted
4 After section 69 insert:
5
6 69A. Consultation between parents on major long-term
7 issues -- FLA s. 61CA
8 If it is safe to do so, and subject to any court orders, the
9 parents of a child who is not yet 18 are encouraged --
10 (a) to consult each other about major long-term
11 issues in relation to the child; and
12 (b) in doing so, to have regard to the best interests
13 of the child as the paramount consideration.
14
15 32. Section 70 amended
16 After section 70(2) insert:
17
18 (3) A parenting order that deals with the allocation of
19 responsibility for making decisions about major
20 long-term issues in relation to the child may provide
21 for joint or sole decision-making in relation to all or
22 specified major long-term issues.
23
page 29
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 33
1 33. Sections 70A and 70B replaced
2 Delete sections 70A and 70B and insert:
3
4 70A. Effect of parenting order that provides for joint
5 decision-making about major long-term issues --
6 FLA s. 61DAA
7 (1) If a parenting order provides for joint decision-making
8 by persons in relation to all or specified major
9 long-term issues in relation to a child, then, except to
10 the extent the order otherwise specifies, the order is
11 taken to require each of the persons --
12 (a) to consult each other person in relation to each
13 such decision; and
14 (b) to make a genuine effort to come to a joint
15 decision.
16 (2) To avoid doubt, this section does not require any other
17 person to establish, before acting on a decision about
18 the child communicated by one of those persons, that
19 the decision has been made jointly.
20 70B. No need to consult on issues that are not major
21 long-term issues -- FLA s. 61DAB
22 (1) If a child is spending time with a person at a particular
23 time under a parenting order, the order is taken not to
24 require the person to consult a person to whom
25 subsection (2) applies about decisions that are made in
26 relation to the child during that time on issues that are
27 not major long-term issues.
page 30
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 34
1 (2) For the purposes of subsection (1), this subsection
2 applies to a person who --
3 (a) has parental responsibility for the child; or
4 (b) shares parental responsibility for the child with
5 another person.
6 (3) Subsection (1) applies subject to any provision to the
7 contrary made by a parenting order.
8
9 34. Section 78A amended
10 (1) Delete section 78A(2)(a) and (b).
11 (2) Delete section 78A(3) and (4).
12 35. Section 86 amended
13 Delete section 86(1)(b) and (c).
14 36. Section 89 amended
15 (1) In section 89(1) delete "sections 70A and" and insert:
16
17 section
18
19 (2) In section 89(2) delete "section 70A and".
20 (3) Delete section 89(3).
page 31
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 37
1 37. Section 89AAA inserted
2 After section 89 insert:
3
4 89AAA. Reconsideration of final parenting orders --
5 FLA s. 65DAAA
6 (1) If a final parenting order is in force in relation to a
7 child, a court must not reconsider the final parenting
8 order unless --
9 (a) the court has considered whether there has been
10 a significant change of circumstances since the
11 final parenting order was made; and
12 (b) the court is satisfied that, in all the
13 circumstances (and taking into account whether
14 there has been a significant change of
15 circumstances since the final parenting order
16 was made), it is in the best interests of the child
17 for the final parenting order to be reconsidered.
18 (2) For the purposes of determining whether the court is
19 satisfied as mentioned in subsection (1)(b), and without
20 limiting section 66C, the court may have regard to any
21 matters that the court considers relevant, including the
22 following --
23 (a) the reasons for the final parenting order and the
24 material on which it was based;
25 (b) whether there is any material available that was
26 not available to the court that made the final
27 parenting order;
28 (c) the likelihood that, if the final parenting order is
29 reconsidered, the court will make a new
30 parenting order that affects the operation of the
31 final parenting order in a significant way
32 (whether by varying, discharging or suspending
page 32
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 38
1 the final parenting order, in whole or in part, or
2 in some other way);
3 (d) any potential benefit, or detriment, to the child
4 that might result from reconsidering the final
5 parenting order.
6 (3) Despite subsection (1), the court may reconsider a final
7 parenting order with the agreement or consent of all the
8 parties to that order.
9 (4) The failure of a court to comply with subsection (1)
10 does not affect the validity of any order made by the
11 court.
12
13 38. Section 89AA deleted
14 Delete section 89AA.
15 39. Sections 89AC and 89AD deleted
16 Delete sections 89AC and 89AD.
17 40. Section 91 amended
18 Delete section 91(4).
19 41. Part 5 Division 6 Subdivisions 3 and 4 deleted
20 Delete Part 5 Division 6 Subdivisions 3 and 4.
21 42. Section 106 amended
22 In section 106(2):
23 (a) delete "108" and insert:
24
25 108, 108A
26
page 33
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 43
1 (b) delete "107" and insert:
2
3 107, 107A
4
5 43. Sections 107 and 108 replaced
6 Delete sections 107 and 108 and insert:
7
8 107. Obligations if certain parenting orders have been
9 made: taking or sending child outside Australia --
10 FLA s. 65Y
11 (1) A person commits a crime if --
12 (a) a parenting order to which this Subdivision
13 applies is in force in relation to a child; and
14 (b) the person intentionally or recklessly takes or
15 sends, or attempts to take or send, the child
16 from the State to a place outside Australia; and
17 (c) the child is not taken or sent, or attempted to be
18 taken or sent, from the State to a place outside
19 Australia --
20 (i) with the consent in writing
21 (authenticated as prescribed) of each
22 person in whose favour the parenting
23 order was made; or
24 (ii) in accordance with an order of a court
25 (whether of a kind referred to in
26 section 8(a) or (b) or otherwise) made,
27 under this Part, under the Family Law
28 Act Part VII or under a law of any other
29 State or a Territory, at the time of, or
30 after, the making of the parenting order;
31 and
page 34
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 43
1 (d) the person --
2 (i) is or was a party to the proceedings in
3 which the parenting order was made; or
4 (ii) is acting on behalf of, or at the request
5 of, a person who is or was a party to the
6 proceedings in which the parenting
7 order was made.
8 Penalty for this subsection: imprisonment for 3 years
9 and a fine of $56 340.
10 Summary conviction penalty for this subsection:
11 imprisonment for 18 months and a fine of $28 170.
12 (2) Subsection (1) does not apply if --
13 (a) the person (whether or not the person is or was
14 the party to the proceedings) takes or sends, or
15 attempts to take or send, the child from the
16 State to a place outside Australia because the
17 person believes the conduct is necessary to
18 prevent family violence; and
19 (b) the conduct is reasonable in the circumstances
20 as the person perceives them.
21 107A. Obligations if certain parenting orders have been
22 made: retaining child outside Australia --
23 FLA s. 65YA
24 (1) A person commits a crime if --
25 (a) a parenting order to which this Subdivision
26 applies is in force in relation to a child; and
27 (b) the child has been taken or sent from the State
28 to a place outside Australia, by or on behalf of a
29 party to the proceedings in which the parenting
30 order was made --
31 (i) with the consent in writing
32 (authenticated as prescribed) of each
page 35
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 43
1 person in whose favour the parenting
2 order was made; or
3 (ii) in accordance with an order of a court
4 (whether of a kind referred to in
5 section 8(a) or (b) or otherwise) made,
6 under this Part, under the Family Law
7 Act Part VII or under a law of any other
8 State or a Territory, at the time, or after,
9 the parenting order was made;
10 and
11 (c) the person intentionally or recklessly retains, or
12 attempts to retain, the child outside Australia
13 otherwise than in accordance with a consent or
14 order of a kind mentioned in paragraph (b)
15 (whether or not the person took or sent the child
16 as mentioned in that paragraph); and
17 (d) the person --
18 (i) was a party to the proceedings in which
19 the parenting order was made; or
20 (ii) is retaining, or attempting to retain, the
21 child on behalf of, or at the request of,
22 such a party.
23 Penalty for this subsection: imprisonment for 3 years
24 and a fine of $56 340.
25 Summary conviction penalty for this subsection:
26 imprisonment for 18 months and a fine of $28 170.
27 (2) Subsection (1) does not apply if --
28 (a) the person (whether or not the person was the
29 party to the proceedings) retains, or attempts to
30 retain, the child as mentioned in
31 subsection (1)(c) because the person believes
32 the conduct is necessary to prevent family
33 violence; and
page 36
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 43
1 (b) the conduct is reasonable in the circumstances
2 as the person perceives them.
3 108. Obligations if proceedings for the making of certain
4 parenting orders are pending: taking or sending
5 child outside Australia -- FLA s. 65Z
6 (1) A person commits a crime if --
7 (a) proceedings (the Part 5 proceedings) are
8 pending for the making of a parenting order to
9 which this Subdivision applies in relation to a
10 child; and
11 (b) the person intentionally or recklessly takes or
12 sends, or attempts to take or send, the child
13 from the State to a place outside Australia; and
14 (c) the child is not taken or sent, or attempted to be
15 taken or sent, from the State to a place outside
16 Australia --
17 (i) with the consent in writing
18 (authenticated as prescribed) of each
19 other party to the Part 5 proceedings; or
20 (ii) in accordance with an order of a court
21 (whether of a kind referred to in
22 section 8(a) or (b) or otherwise) made,
23 under this Part, under the Family Law
24 Act Part VII or under a law of any other
25 State or a Territory, after the institution
26 of the Part 5 proceedings;
27 and
28 (d) the person is --
29 (i) a party to the Part 5 proceedings; or
page 37
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 43
1 (ii) acting on behalf of, or at the request of,
2 a person who is a party to the Part 5
3 proceedings.
4 Penalty for this subsection: imprisonment for 3 years
5 and a fine of $56 340.
6 Summary conviction penalty for this subsection:
7 imprisonment for 18 months and a fine of $28 170.
8 (2) Subsection (1) does not apply if --
9 (a) the person (whether or not the person is the
10 party to the Part 5 proceedings) takes or sends,
11 or attempts to take or send, the child from the
12 State to a place outside Australia because the
13 person believes the conduct is necessary to
14 prevent family violence; and
15 (b) the conduct is reasonable in the circumstances
16 as the person perceives them.
17 108A. Obligations if proceedings for the making of certain
18 parenting orders are pending: retaining child
19 outside Australia -- FLA s. 65ZAA
20 (1) A person commits a crime if --
21 (a) proceedings (the Part 5 proceedings) for the
22 making, in relation to a child, of a parenting
23 order to which this Subdivision applies are
24 pending; and
25 (b) the child has been taken or sent from the State
26 to a place outside Australia by or on behalf of a
27 party to the Part 5 proceedings --
28 (i) with the consent in writing
29 (authenticated as prescribed) of each
30 other party to the Part 5 proceedings; or
page 38
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 43
1 (ii) in accordance with an order of a court
2 (whether of a kind referred to in
3 section 8(a) or (b) or otherwise) made,
4 under this Part, under the Family Law
5 Act Part VII or under a law of any other
6 State or a Territory, after the institution
7 of the Part 5 proceedings;
8 and
9 (c) the person intentionally or recklessly retains, or
10 attempts to retain, the child outside Australia
11 otherwise than in accordance with a consent or
12 order of a kind mentioned in paragraph (b)
13 (whether or not the person took or sent the child
14 as mentioned in that paragraph); and
15 (d) the person is a party to the Part 5 proceedings,
16 or is retaining, or attempting to retain, the child
17 on behalf of, or at the request of, such a party.
18 Penalty for this subsection: imprisonment for 3 years
19 and a fine of $56 340.
20 Summary conviction penalty for this subsection:
21 imprisonment for 18 months and a fine of $28 170.
22 (2) Subsection (1) does not apply if --
23 (a) the person (whether or not the person is the
24 party to the Part 5 proceedings) retains, or
25 attempts to retain, the child as mentioned in
26 subsection (1)(c) because the person believes
27 the conduct is necessary to prevent family
28 violence; and
29 (b) the conduct is reasonable in the circumstances
30 as the person perceives them.
31
page 39
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 44
1 44. Section 109 amended
2 (1) Delete section 109(1) to (3) and insert:
3
4 (1) A person (the first person) commits an offence if --
5 (a) a parenting order to which this Subdivision
6 applies is in force in relation to a child; and
7 (b) the first person is a captain, owner or charterer
8 of an aircraft or vessel; and
9 (c) another person (the carer) in whose favour the
10 parenting order was made has served on the
11 first person a statutory declaration that --
12 (i) relates to the parenting order; and
13 (ii) complies with subsection (4);
14 and
15 (d) the statutory declaration was made by the carer
16 not earlier than 7 days before the date of
17 service; and
18 (e) the first person intentionally or recklessly, and
19 without reasonable excuse, permits the child to
20 leave a place in the State in the aircraft or
21 vessel; and
22 (f) the destination of the aircraft or vessel is
23 outside Australia; and
24 (g) the child does not leave --
25 (i) in the company, or with the consent in
26 writing (authenticated as prescribed), of
27 the carer; or
28 (ii) in accordance with an order of a court
29 (whether of a kind referred to in
30 section 8(a) or (b) or otherwise) made,
31 under this Part, under the Family Law
32 Act Part VII or under a law of any other
page 40
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 45
1 State or a Territory, at the time of, or
2 after, the making of the parenting order.
3 Penalty for this subsection: a fine of $18 780.
4
5 (2) In section 109(4) delete "A statutory declaration referred to in
6 subsection (1)(b)" and insert:
7
8 The statutory declaration
9
10 45. Section 110 amended
11 (1) Delete section 110(1) to (3) and insert:
12
13 (1) A person (the first person) commits an offence if --
14 (a) proceedings (the Part 5 proceedings) are
15 pending for the making of a parenting order to
16 which this Subdivision applies in relation to a
17 child; and
18 (b) the first person is a captain, owner or charterer
19 of an aircraft or vessel; and
20 (c) a party (the carer) to the Part 5 proceedings has
21 served on the captain, owner or charterer a
22 statutory declaration that --
23 (i) relates to the Part 5 proceedings; and
24 (ii) complies with subsection (4);
25 and
26 (d) the statutory declaration was made by the carer
27 not earlier than 7 days before the date of
28 service; and
29 (e) the first person intentionally or recklessly, and
30 without reasonable excuse, permits the child to
page 41
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 45
1 leave a place in the State in the aircraft or
2 vessel; and
3 (f) the destination of the aircraft or vessel is
4 outside Australia; and
5 (g) the child does not leave --
6 (i) in the company, or with the consent in
7 writing (authenticated as prescribed), of
8 the carer; or
9 (ii) in accordance with an order of a court
10 (whether of a kind referred to in
11 section 8(a) or (b) or otherwise) made,
12 under this Part, under the Family Law
13 Act Part VII or under a law of any other
14 State or a Territory, after the institution
15 of the Part 5 proceedings.
16 Penalty for this subsection: a fine of $18 780.
17
18 (2) In section 110(4):
19 (a) delete "A statutory declaration referred to in
20 subsection (1)(b)" and insert:
21
22 The statutory declaration
23
24 (b) in paragraph (a) delete "relevant proceedings referred to
25 in subsection (1)(a)," and insert:
26
27 Part 5 proceedings,
28
29 (c) in paragraph (b) delete "proceedings referred to in
30 subsection (1)(a)" and insert:
31
32 Part 5 proceedings
33
page 42
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 46
1 46. Section 111 amended
2 In section 111(1) delete "109(1)(b) or 110(1)(b)" and insert:
3
4 109 or 110
5
6 47. Section 133 amended
7 In section 133 after paragraph (c) insert:
8
9 (ca) orders for information in child-related
10 proceedings (Subdivision 4A); and
11
12 48. Section 160 amended
13 In section 160(1):
14 (a) in paragraph (f) delete "interests." and insert:
15
16 interests; or
17
18 (b) after paragraph (f) insert:
19
20 (g) a family report writer who is recognised, in
21 accordance with regulations made for the
22 purposes of section 65AC, as complying with
23 prescribed standards and requirements.
24
page 43
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 49
1 49. Section 162B amended
2 In section 162B(4) delete "202K to obtain documents or
3 information from prescribed government agencies" and insert:
4
5 162D or 162E to obtain particulars, documents or information
6 from information sharing agencies
7
8 50. Part 5 Division 8 Subdivision 4A inserted
9 After Part 5 Division 8 Subdivision 4 insert:
10
11 Subdivision 4A -- Orders for information in child-related
12 proceedings
13 162C. Meaning of information sharing agency --
14 FLA s. 67ZBC
15 If the regulations prescribe an agency of a State or
16 Territory, a part of such an agency, or a part of a
17 Commonwealth agency that provides services on
18 behalf of a State or Territory, for the purposes of this
19 section, the prescribed agency, or prescribed part, is an
20 information sharing agency.
21 162D. Order to provide particulars of documents or
22 information relating to certain matters --
23 FLA s. 67ZBD
24 (1) A court may make an order, in child-related
25 proceedings, requiring an information sharing agency
26 to --
27 (a) inform the court whether the agency has in its
28 possession or control any documents or
29 information relating to a matter mentioned in
30 subsection (2); and
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Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 50
1 (b) if it has -- give the court particulars of the
2 documents or information.
3 (2) The matters are the following --
4 (a) abuse, neglect or family violence to which a
5 child to whom the proceedings relate has been,
6 or is suspected to have been, subjected or
7 exposed;
8 (b) family violence to which a party to the
9 proceedings has been exposed, or in which a
10 party to the proceedings has engaged, to the
11 extent it may affect a child to whom the
12 proceedings relate;
13 (c) any risk or potential risk of a child to whom the
14 proceedings relate being subjected or exposed
15 to abuse, neglect or family violence;
16 (d) any risk or potential risk of a party to the
17 proceedings being subjected to, or engaging in,
18 family violence, to the extent any such family
19 violence may affect a child to whom the
20 proceedings relate.
21 (3) The order may (but is not required to) include
22 descriptions of the kinds of documents or information
23 that the court considers the agency may have in its
24 possession or control relating to a matter mentioned in
25 subsection (2).
26 (4) Any descriptions mentioned in subsection (3) do not
27 limit the scope of the order.
28 (5) The following are examples of descriptions of kinds of
29 documents or information that may be included in an
30 order --
31 (a) notifications to the agency of suspected abuse
32 of a child to whom the proceedings relate;
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Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 50
1 (b) notifications to the agency of suspected abuse,
2 by a party to the proceedings, of any child.
3 (6) The agency may, on its own initiative --
4 (a) produce to the court any documents the
5 particulars of which are required by the order;
6 or
7 (b) give to the court any information the particulars
8 of which are required by the order; or
9 (c) give to the court any other particulars that the
10 agency considers useful to characterise
11 documents or information particulars of which
12 are required by the order.
13 (7) If the agency produces a document or gives
14 information or particulars on its own initiative under
15 subsection (6), the agency must consider --
16 (a) redacting the document if the document
17 contains protected material; or
18 (b) not providing the information or particulars to
19 the extent that the information is, or the
20 particulars would reveal, protected material.
21 (8) A written law has no effect to the extent that it would,
22 apart from this subsection, hinder or prevent the
23 agency --
24 (a) complying with the order; or
25 (b) providing documents, information or particulars
26 on its own initiative under subsection (6).
27 162E. Order to provide documents or information relating
28 to certain matters -- FLA s. 67ZBE
29 (1) A court may make an order, in child-related
30 proceedings, requiring an information sharing agency
31 to produce to the court any documents, and give the
page 46
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 50
1 court any information, in the agency's possession or
2 control relating to a matter mentioned in subsection (2).
3 (2) The matters are the following --
4 (a) abuse, neglect or family violence to which a
5 child to whom the proceedings relate has been,
6 or is suspected to have been, subjected or
7 exposed;
8 (b) family violence to which a party to the
9 proceedings has been exposed, or in which a
10 party to the proceedings has engaged, to the
11 extent it may affect a child to whom the
12 proceedings relate;
13 (c) any risk or potential risk of a child to whom the
14 proceedings relate being subjected or exposed
15 to abuse, neglect or family violence;
16 (d) any risk or potential risk of a party to the
17 proceedings being subjected to, or engaging in,
18 family violence, to the extent any such family
19 violence may affect a child to whom the
20 proceedings relate.
21 (3) The order may (but is not required to) include
22 descriptions of the kinds of documents or information
23 that the court considers the agency may have in its
24 possession or control relating to a matter mentioned in
25 subsection (2).
26 (4) Any descriptions mentioned in subsection (3) do not
27 limit the scope of the order.
28 (5) The following are examples of descriptions of kinds of
29 documents or information that may be included in an
30 order --
31 (a) notifications to the agency of suspected abuse
32 of a child to whom the proceedings relate;
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Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 50
1 (b) notifications to the agency of suspected abuse,
2 by a party to the proceedings, of any other
3 child.
4 (6) The agency may, on its own initiative --
5 (a) produce to the court other documents, or give
6 the court other information, in the agency's
7 possession or control that, in the agency's
8 opinion, relates to a matter mentioned in
9 subsection (2); or
10 (b) give to the court particulars of those other
11 documents or information.
12 (7) If the agency produces a document or gives
13 information or particulars on its own initiative under
14 subsection (6), the agency must consider --
15 (a) redacting the document if the document
16 contains protected material; or
17 (b) not providing the information or particulars to
18 the extent that the information is, or the
19 particulars would reveal, protected material.
20 (8) A written law has no effect to the extent that it would,
21 apart from this subsection, hinder or prevent the
22 agency --
23 (a) complying with the order; or
24 (b) providing documents, information or particulars
25 on its own initiative under subsection (6).
26 162F. Disclosure of protected material -- FLA s. 67ZBF
27 (1) An order made under section 162D or 162E does not
28 require, but allows, an information sharing agency
29 to --
30 (a) give the court particulars of a document or
31 information, to the extent that the particulars
32 would reveal protected material; or
page 48
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 50
1 (b) produce a document to the court, to the extent
2 that the document contains protected material;
3 or
4 (c) give the court information that is protected
5 material.
6 (2) If the agency does not give the court particulars or
7 information, or does not produce a document, on the
8 grounds that the particulars would reveal, or the
9 document contains or the information is, protected
10 material, the agency must inform the court --
11 (a) that the agency has not provided, or, that in the
12 agency's opinion it is not required to provide,
13 certain particulars, documents or information;
14 and
15 (b) in the agency's opinion, which of
16 subsections (3)(a) to (c) apply to the particulars,
17 document or information.
18 (3) Protected material is information --
19 (a) that is the subject of legal professional
20 privilege; or
21 (b) that discloses, or would enable a person to
22 ascertain, the identity of a person who
23 communicated information to the agency in
24 confidence; or
25 (c) the disclosure of which would --
26 (i) endanger a person's life or present an
27 unreasonable risk of harm to a person;
28 or
29 (ii) prejudice legal proceedings (including
30 proceedings in a tribunal and a coronial
31 inquiry, investigation and inquest); or
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Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 50
1 (iii) contravene a court order or law that,
2 disregarding sections 162D(8)
3 and 162E(8), would restrict the
4 publication or other disclosure of
5 information in connection with legal
6 proceedings; or
7 (iv) be contrary to the public interest.
8 162G. Advice to court about risk of disclosure --
9 FLA s. 67ZBG
10 (1) This section applies if, under an order made under
11 section 162D or 162E, or under section 162D(6)
12 or 162E(6), an information sharing agency --
13 (a) gives the court particulars of a document or
14 information; or
15 (b) produces documents to the court; or
16 (c) gives the court information.
17 (2) The agency must advise the court about any risks the
18 court should consider when disclosing the particulars,
19 documents or information, including any risk to --
20 (a) a party to the proceedings; or
21 (b) a child to whom the proceedings relate; or
22 (c) a person who communicated information to the
23 agency in confidence; or
24 (d) any other person.
25 162H. Admission of particulars, documents or information
26 into evidence -- FLA s. 67ZBH
27 (1) The court must admit into evidence any particulars,
28 documents or information provided under an order
29 made under section 162D or 162E, or under
page 50
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 50
1 section 162D(6) or 162E(6), on which the court intends
2 to rely.
3 (2) Subsection (3) applies if a particular, a document or
4 information is or relates to --
5 (a) a notification to the agency of suspected child
6 abuse or family violence; or
7 (b) an assessment by the agency of investigations
8 into a notification of that kind or the findings or
9 outcomes of those investigations; or
10 (c) a report commissioned by the agency in the
11 course of investigating a notification of that
12 kind.
13 (3) Despite subsection (1), the court must not disclose the
14 identity of the person (the notifier) who made the
15 notification, or information that could identify the
16 notifier, unless --
17 (a) the notifier consents to the disclosure; or
18 (b) the notifier is a party to the proceedings; or
19 (c) the court is satisfied that the notifier's identity,
20 or information that could identify the notifier, is
21 critically important to the proceedings and that
22 failure to make the disclosure would prejudice
23 the proper administration of justice.
24 (4) Before making a disclosure for the reasons set out in
25 subsection (3)(b) or (c), the court must --
26 (a) ensure that the agency is notified about the
27 intended disclosure and given an opportunity to
28 respond; and
29 (b) have regard to any advice given to the court
30 under section 162G.
page 51
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 50
1 (5) The court is not required to admit into evidence any
2 particulars, documents or information that the court
3 only intends to rely on to assist in case management.
4 162I. Information sharing agencies and court must have
5 regard to information sharing safeguards --
6 FLA s. 67ZBI
7 (1) An information sharing agency must, when providing
8 particulars, documents or information under an order
9 made under section 162D or 162E, or under
10 section 162D(6) or 162E(6), have regard to the matters
11 prescribed by the regulations for the purposes of this
12 subsection (the information sharing safeguards).
13 (2) The court must have regard to the information sharing
14 safeguards when using particulars, documents or
15 information provided by an information sharing agency
16 under an order made under section 162D or 162E, or
17 under section 162D(6) or 162E(6).
18 (3) For the purposes of subsection (2), use includes handle,
19 store and access.
20 162J. When orders may be made -- FLA s. 67ZBJ
21 (1) A court may make an order under section 162D
22 or 162E at any time after the commencement of
23 child-related proceedings and before making final
24 orders.
25 (2) A court may make an order under section 162E in
26 relation to an information sharing agency without first
27 making an order under section 162D in relation to that
28 agency.
page 52
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 51
1 162K. Subpoena in respect of certain documents or
2 information -- FLA s. 67ZBK
3 If an order has been made under section 162E in the
4 course of child-related proceedings requiring an
5 information sharing agency to provide documents or
6 information, a party to those proceedings must not,
7 without the court's permission, request the issue of a
8 subpoena requiring that agency to provide documents
9 or information in relation to those proceedings.
10
11 51. Section 163 replaced
12 Delete section 163 and insert:
13
14 163. Orders for delivery of travel documents --
15 FLA s. 67ZD
16 If a court having jurisdiction under this Part considers
17 that there is a possibility or threat that a child may be
18 removed from Australia, it may order that the
19 following documents be ordered up to the court on
20 such conditions as the court considers appropriate --
21 (a) any Australian travel document (as defined in
22 the Australian Passports Act 2005
23 (Commonwealth) section 6(1)) that has been
24 issued to the child or any other person
25 concerned;
26 (b) any passport or other travel document that has
27 been issued to the child or any other person
28 concerned by or on behalf of the government of
29 a foreign country.
30
page 53
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 52
1 52. Section 164 amended
2 Delete section 164(4) and (5).
3 53. Section 165 amended
4 After section 165(5) insert:
5
6 (5A) Subject to subsection (5C), the independent children's
7 lawyer must perform the following duties (not
8 necessarily at the same time) --
9 (a) meet with the child;
10 (b) provide the child with an opportunity to express
11 any views in relation to the matters to which the
12 proceedings relate.
13 (5B) The independent children's lawyer has discretion in
14 relation to the following matters (subject to any order
15 or direction of the court with respect to the matter, for
16 example under section 164(2)(b) or subsection (5E)(b)
17 of this section) --
18 (a) when, how often and how meetings with the
19 child take place;
20 (b) when, how often and how the child is provided
21 with an opportunity to express views.
22 (5C) The independent children's lawyer is not required to
23 perform a duty if --
24 (a) the child is under 5 years of age; or
25 (b) the child does not want to meet with the
26 independent children's lawyer, or express their
27 views (as the case requires); or
28 (c) there are exceptional circumstances that justify
29 not performing the duty.
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Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 54
1 (5D) Without limiting subsection (5C)(c), exceptional
2 circumstances for the purposes of that paragraph
3 include that performing the duty would --
4 (a) expose the child to a risk of physical or
5 psychological harm that cannot be safely
6 managed; or
7 (b) have a significant adverse effect on the
8 wellbeing of the child.
9 (5E) If the independent children's lawyer proposes not to
10 perform a duty because of subsection (5C)(c), the court
11 must do the following before making final orders --
12 (a) determine whether it is satisfied that
13 exceptional circumstances exist that justify not
14 performing the duty;
15 (b) if the court determines that those circumstances
16 do not exist -- make an order requiring the
17 independent children's lawyer to meet with the
18 child or provide the child with an opportunity
19 to express their views (as the case requires).
20
21 54. Section 173 amended
22 In section 173(c) delete "and principles".
23 55. Section 174 amended
24 (1) After section 174(2) insert:
25
26 (2A) Subsection (2)(c)(iii) does not apply to a child if the
27 court is satisfied that it is in the child's best interests
28 not to receive an explanation of the order or injunction.
page 55
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 56
1 (2B) Subsection (2)(d) does not require inclusion of a matter
2 in an explanation given to a child if the court is
3 satisfied that it is in the child's best interests for the
4 matter not to be included in the explanation.
5
6 (2) After section 174(3) insert:
7
8 (3A) Subsection (3)(c) does not require the court to give a
9 copy of the order or injunction to a child if the court is
10 satisfied that it is in the child's best interests not to
11 receive a copy of the order or injunction.
12
13 56. Section 176 amended
14 In section 176(5)(b) delete "contact" and insert:
15
16 spending time
17
18 57. Section 177 amended
19 In section 177(2)(a) delete "66C(3)(a); and" and insert:
20
21 66C(2)(b); and
22
23 58. Section 178 amended
24 In section 178(1):
25 (a) delete "earlier" and insert:
26
27 earliest
28
page 56
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 59
1 (b) delete paragraph (b) and insert:
2
3 (b) the time specified in the interim order as the
4 time at which the revival, variation or
5 suspension ceases to have effect; and
6 (c) the time the order, injunction or arrangement is
7 affected by an order (however described) made
8 by a court (whether of a kind referred to in
9 section 8(a) or (b) or otherwise), under
10 section 176 or otherwise, after the revival,
11 variation or suspension.
12
13 59. Section 188 amended
14 In section 188(3)(d) delete "dissolution of the marriage," and
15 insert:
16
17 divorce of the parties,
18
19 60. Section 194A inserted
20 After section 194 insert:
21
22 194A. Declarations of parentage -- FLA s. 69VA
23 As well as deciding, after receiving evidence, the issue
24 of the parentage of a child for the purposes of
25 proceedings, the court may also issue a declaration of
26 parentage that is conclusive evidence of parentage for
27 the purposes of all laws of the State.
28
page 57
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 61
1 61. Part 5 Division 11 Subdivision 6 inserted
2 At the end of Part 5 Division 11 insert:
3
4 Subdivision 6 -- Short form reasons for decisions relating to
5 interim parenting orders
6 202AA. Short form reasons for decisions relating to interim
7 parenting orders -- FLA s. 69ZL
8 (1) A court may give reasons in short form for a decision it
9 makes in relation to an interim parenting order.
10 (2) Subsection (1) does not otherwise affect the obligation
11 of a court to give reasons for a decision it makes in
12 relation to any matter arising under this Act.
13
14 62. Section 202K deleted
15 Delete section 202K.
16 63. Part 5 Division 13 replaced
17 Delete Part 5 Division 13 and insert:
18
19 Division 13 -- Orders in proceedings relating to
20 contraventions of child-related orders
21 Subdivision 1 -- Preliminary
22 205A. Simplified outline -- FLA s. 70NAA
23 (1) This Division sets out orders that a court may make if
24 an issue arises in the proceedings about whether a
25 person (the respondent) has contravened a
26 child-related order.
page 58
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 63
1 (2) The court may, at any stage of proceedings (and
2 without having to make a finding about the
3 contravention), make any of the following orders --
4 (a) a make-up time parenting order;
5 (b) an order varying or suspending a parenting
6 order;
7 (c) an order requiring the respondent and any other
8 party to the proceedings to attend a
9 post-separation parenting program.
10 (3) If the court finds on the balance of probabilities that the
11 respondent contravened the child-related order without
12 having a reasonable excuse, the court may make any of
13 the following orders (having regard to the seriousness
14 of the contravention) --
15 (a) an order requiring the respondent to enter into a
16 bond;
17 (b) an order imposing a fine on the respondent for
18 failing to enter into a bond.
19 (4) If the court is satisfied beyond reasonable doubt that
20 the respondent contravened the child-related order
21 without having a reasonable excuse, the court may also
22 make any of the following orders (having regard to the
23 seriousness of the contravention) --
24 (a) an order imposing a fine on the respondent;
25 (b) an order imposing a sentence of imprisonment
26 on the respondent.
27 (5) This Division also sets out ancillary matters relating to
28 terms of imprisonment, the enforcement of bonds and
29 other miscellaneous matters.
page 59
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 63
1 205B. Objects -- FLA s. 70NAB
2 The principal objects of this Division are to meet the
3 best interests of children to whom child-related orders
4 relate by --
5 (a) supporting compliance with child-related
6 orders; and
7 (b) resolving difficulties associated with
8 child-related orders that are parenting orders
9 which have contributed to non-compliance with
10 such orders (including by varying or making
11 further orders); and
12 (c) deterring non-compliance with child-related
13 orders; and
14 (d) upholding the authority of the court by
15 enforcing compliance with child-related orders
16 where a court considers this necessary and
17 appropriate; and
18 (e) providing for sanctions for a person who
19 contravenes a child-related order without
20 reasonable excuse.
21 205C. Meaning of contravene a child-related order --
22 FLA s. 70NAC
23 (1) A person contravenes a child-related order only if --
24 (a) the person is a person (other than a child) to
25 whom the order applies and --
26 (i) the person intentionally fails to comply
27 with the order; or
28 (ii) the person makes no reasonable attempt
29 to comply with the order;
30 or
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Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 63
1 (b) the person is not a person to whom the order
2 applies, and the person is not a child, but --
3 (i) the person intentionally prevents
4 compliance with the order by a person
5 to whom the order applies; or
6 (ii) the person aids or abets a contravention
7 of the order by a person to whom the
8 order applies.
9 (2) Without limiting subsection (1), a person contravenes
10 a child-related order if --
11 (a) the order provides for a matter set out in an
12 item of the Table in column 1; and
13 (b) the person intentionally does a thing set out in
14 that item in column 2.
15 Table
Item Column 1 Column 2
1. With whom a Either --
child is to live (a) contrary to the order,
removes the child from the
care of another person; or
(b) contrary to the order,
refuses or fails to deliver or
return the child to another
person.
2. With whom a Hinders or prevents another
child is to spend person from spending time with
time the child in accordance with the
order.
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Item Column 1 Column 2
3. With whom a Hinders or prevents another
child is to person from communicating with
communicate the child in accordance with the
order.
4. The allocation Hinders or prevents the other
of parental person from discharging that
responsibility responsibility in accordance with
for a child to the order.
another person
5. The Either --
maintenance of (a) contrary to the order, fails to
a child pay maintenance; or
(b) prevents another person
paying maintenance in
accordance with the order.
1 205D. Meaning of reasonable excuse for contravening a
2 child-related order -- FLA s. 70NAD
3 (1) A person has a reasonable excuse for contravening a
4 child-related order if --
5 (a) the person contravened the order because at the
6 time of the contravention the person did not
7 understand the obligations imposed by the
8 order; and
9 (b) a court considers that the person ought to be
10 excused in respect of the contravention.
11 (2) If a court decides that a person has a reasonable excuse
12 under subsection (1) for contravening a child-related
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s. 63
1 order, the court must explain to the person, in language
2 likely to be readily understood by the person --
3 (a) the obligations imposed on the person by the
4 order; and
5 (b) the consequences that may follow if the person
6 contravenes the order again.
7 (3) A person has a reasonable excuse for contravening a
8 child-related order if --
9 (a) the person contravened the order because the
10 person reasonably believed that the person's
11 actions constituting the contravention were
12 necessary to protect the health or safety of the
13 person, a child or any other person; and
14 (b) the period of the contravention was not longer
15 than necessary to protect the health or safety of
16 the person, child or other person.
17 (4) This section does not limit the circumstances in which
18 a person may have a reasonable excuse for
19 contravening a child-related order.
20 205E. Burden of proof in relation to reasonable excuse --
21 FLA s. 70NADA
22 A person who claims to have a reasonable excuse for
23 contravening a child-related order has the legal burden
24 of proving the excuse.
25 205F. Standard of proof -- FLA s. 70NAE
26 The standard of proof to be applied in determining
27 matters in proceedings under this Division (other than
28 section 205K(1)(d)) is proof on the balance of
29 probabilities.
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Family Court Amendment (Commonwealth Reforms) Bill 2024
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s. 63
1 Subdivision 2 -- Orders relating to contraventions of
2 child-related orders
3 205G. Court may make orders in proceedings relating to
4 contravention of child-related orders --
5 FLA s. 70NBA
6 (1) This Subdivision sets out orders that a court exercising
7 jurisdiction in proceedings under this Act may make
8 if --
9 (a) an issue arises in the proceedings about whether
10 a person (the respondent) has contravened a
11 child-related order; and
12 (b) a party to the proceedings makes an application
13 for an order under this Subdivision in relation
14 to the issue.
15 (2) Each of the following is a child-related order --
16 (a) a parenting order;
17 (b) an injunction granted by a court --
18 (i) under section 235; or
19 (ii) under section 235A in so far as the
20 injunction is for the protection of a
21 child;
22 (c) a bond entered into --
23 (i) under a parenting order; or
24 (ii) under section 205K(1)(a); or
25 (iii) for the purposes of section 205N(3);
26 (d) an undertaking given to, and accepted by, a
27 court that relates to, or to the making of, an
28 order, injunction or bond referred to in any of
29 paragraphs (a) to (c);
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1 (e) a subpoena issued under the rules that --
2 (i) relates to, or to the making of, an order,
3 injunction or bond referred to in any of
4 paragraphs (a) to (c); and
5 (ii) is issued to a party to the proceedings
6 for the order, injunction or bond, as the
7 case may be.
8 205H. Make-up time parenting orders -- FLA s. 70NBB
9 (1) If a child does not spend time with a person as required
10 by a child-related order as a result of the alleged
11 contravention mentioned in section 205G(1), then, in
12 lieu of that time, the court may make a parenting order
13 (a make-up time parenting order) that the child spend
14 time with the person.
15 (2) The court may make a make-up time parenting order at
16 any stage of the proceedings.
17 (3) To avoid doubt, the amount of time specified in the
18 make-up time parenting order may be different from
19 the amount of time that the child missed with the
20 person as a result of the alleged contravention.
21 205I. Variation and suspension of child-related orders
22 that are parenting orders -- FLA s. 70NBC
23 (1) The court may, at any stage of the proceedings, vary a
24 child-related order that is a parenting order.
25 (2) Subsection (1) does not limit the circumstances in
26 which a court having jurisdiction under this Act may
27 vary a child-related order that is a parenting order.
28 (3) The court may, at any stage of the proceedings,
29 suspend for a specified period of time the operation of,
30 or part of the operation of, a child-related order that is a
31 parenting order.
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1 205J. Post-separation parenting programs --
2 FLA 70NBD
3 (1) The court may, at any stage of the proceedings, make
4 an order requiring the respondent and, if appropriate,
5 one or more other parties to the proceedings, to attend a
6 post-separation parenting program or other specified
7 program.
8 (2) The executive manager of the court must advise the
9 provider of the program of the making of an order
10 under subsection (1) as soon as reasonably practicable
11 after the order is made.
12 (3) The provider of the program must inform the court, and
13 any other party to the proceedings, if --
14 (a) the provider considers that a person ordered to
15 attend the program is unsuitable to attend the
16 program; or
17 (b) a person ordered to attend the program fails to
18 attend the entire program, or any part of it.
19 (4) The court may make any order (other than an order
20 under section 205K(1)(d)) that it considers appropriate
21 if a person ordered to attend a program is considered as
22 being unsuitable to attend the program, or fails to
23 attend any part of the program.
24 (5) If the court has found that the respondent has
25 contravened the child-related order without having a
26 reasonable excuse, then the court must take into
27 account the seriousness of that contravention when
28 making an order under subsection (4).
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1 205K. Orders where contravention established without
2 reasonable excuse -- FLA s. 70NBF
3 (1) If the court finds that the respondent has contravened a
4 child-related order without having a reasonable excuse,
5 the court may make any of the following orders --
6 (a) an order requiring the respondent to enter into a
7 bond in accordance with section 205L;
8 (b) if an order is made under paragraph (a), and the
9 respondent fails, without having a reasonable
10 excuse, to enter into the bond -- an order
11 imposing a fine not exceeding $3 130 on the
12 respondent;
13 (c) where the contravention resulted in a child not
14 spending time with, or living with, a person
15 (the affected person) for a period -- an order
16 requiring the respondent to compensate the
17 affected person for some or all of any expenses
18 the affected person reasonably incurred as a
19 result of the contravention;
20 (d) where the court is satisfied beyond reasonable
21 doubt that the respondent contravened the
22 order --
23 (i) an order imposing a fine not exceeding
24 $18 780;
25 (ii) an order imposing a term of
26 imprisonment.
27 (2) In making an order mentioned in subsection (1), the
28 court must have regard to --
29 (a) the likely effects of making the order on any
30 child, or any other person; and
31 (b) the seriousness of the contravention.
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1 (3) Without limiting the matters the court may take into
2 account, the following matters must be taken into
3 account by the court when having regard to the
4 seriousness of the contravention --
5 (a) whether a court has previously found that the
6 respondent has contravened a child-related
7 order without having a reasonable excuse;
8 (b) whether the respondent behaved in a way that
9 showed a serious disregard of the respondent's
10 obligations under the child-related order
11 mentioned in subsection (1);
12 (c) the behaviour of any person with whom the
13 child is to live or spend time under the
14 child-related order mentioned in subsection (1).
15 (4) The court may sentence the respondent to
16 imprisonment under subsection (1)(d)(ii) only if the
17 court is satisfied that, in all the circumstances of the
18 case, it would not be appropriate for the court to deal
19 with the contravention in any other way under
20 subsection (1).
21 Subdivision 3 -- Further provisions relating to bonds and
22 imprisonment
23 205L. Matters relating to bonds -- FLA s. 70NCA
24 (1) This section sets out requirements relating to bonds
25 that the court may require the respondent to enter into
26 under section 205K(1)(a).
27 (2) A bond is to be for a specified period of up to 2 years.
28 (3) A bond may be --
29 (a) with or without surety; and
30 (b) with or without security.
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1 (4) The conditions that may be imposed on the respondent
2 by a bond include (without limitation) conditions that
3 require the respondent --
4 (a) to attend a post-separation parenting program;
5 or
6 (b) to attend an appointment (or a series of
7 appointments) with a family consultant; or
8 (c) to attend family counselling; or
9 (d) to attend family dispute resolution; or
10 (e) to be of good behaviour.
11 (5) Before requiring the respondent to enter into a bond,
12 the court must explain to the respondent, in language
13 likely to be readily understood by the respondent --
14 (a) the purpose and effect of the proposed
15 requirement; and
16 (b) the consequences that may follow if the
17 respondent --
18 (i) fails to enter into the bond; or
19 (ii) having entered into the bond -- fails to
20 act in accordance with the bond.
21 205M. Procedure for enforcing bonds -- FLA s. 70NCB
22 (1) This section applies if --
23 (a) the court finds that the respondent has
24 contravened a child-related order without
25 having a reasonable excuse; and
26 (b) the respondent has entered into a bond in
27 accordance with an order made under
28 section 205K(1)(a); and
29 (c) the respondent fails, without having a
30 reasonable excuse, to comply with the bond.
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s. 63
1 (2) The court may --
2 (a) without prejudice to the continuance of the
3 bond, impose a fine not exceeding $3 130 on
4 the respondent; or
5 (b) revoke the bond and deal with the respondent in
6 any manner in which the respondent could have
7 been dealt with for the contravention of the
8 child-related order if --
9 (i) the bond had not been entered into; and
10 (ii) the respondent was before the court
11 under this Division in respect of the
12 contravention of the child-related order.
13 (3) Without limiting the matters the court may take into
14 account, the court must take into account the following
15 matters when acting under subsection (2) --
16 (a) the fact that the bond was entered into;
17 (b) anything done pursuant to the bond;
18 (c) any fine imposed, and any other order made,
19 for or in respect of the contravention of the
20 child-related order.
21 205N. Matters relating to imprisonment -- FLA s. 70NCC
22 (1) This section applies if a sentence of imprisonment
23 is imposed on the respondent under
24 section 205K(1)(d)(ii).
25 (2) The sentence of imprisonment must be expressed to
26 be --
27 (a) for a specified period of no more than
28 12 months; or
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1 (b) for a period ending at the earlier of --
2 (i) the time when the respondent complies
3 with the child-related order concerned;
4 or
5 (ii) the time when the respondent has been
6 imprisoned under the sentence for
7 12 months, or such lesser period as is
8 specified by the court ordering the
9 sentence.
10 (3) When sentencing the respondent to imprisonment, the
11 court may direct that, after serving a specified part of
12 the term of imprisonment, the respondent be released
13 upon the respondent entering into a bond (with or
14 without surety or security) that the respondent will be
15 of good behaviour for a specified period of up to
16 2 years.
17 (4) The court that sentences the respondent to
18 imprisonment must --
19 (a) state the reasons why it is satisfied as
20 mentioned in section 205K(4); and
21 (b) cause those reasons to be entered in the records
22 of the court.
23 (5) The failure of the court to comply with subsection (4)
24 does not invalidate a sentence.
25 205O. Powers of court in relation to imprisoned person --
26 FLA s. 70NCD
27 (1) The court that has sentenced the respondent to
28 imprisonment may order the release of the respondent
29 if it is satisfied that the respondent will, if released,
30 comply with the court's orders.
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s. 63
1 (2) The court that sentences the respondent to
2 imprisonment may --
3 (a) suspend the sentence upon the terms and
4 conditions determined by the court; and
5 (b) terminate such a suspension.
6 205P. Rules relating to child maintenance orders and
7 child support -- FLA s. 70NCE
8 (1) The court must not make an order imposing a sentence
9 of imprisonment on the respondent under
10 section 205K(1)(d)(ii), in respect of a contravention of
11 a child maintenance order made under this Act, unless
12 the court is satisfied that the contravention was
13 intentional or fraudulent.
14 (2) To avoid doubt, the serving by the respondent of a
15 period of imprisonment imposed under
16 section 205K(1)(d)(ii) for failure to make a payment
17 under a child maintenance order does not affect the
18 respondent's liability to make the payment.
19 (3) The court must not make an order imposing a sentence
20 of imprisonment on the respondent under
21 section 205K(1)(d)(ii) in respect of --
22 (a) a contravention of an administrative assessment
23 of child support made under the Child Support
24 (Assessment) Act 1989 (Commonwealth); or
25 (b) a breach of a child support agreement made
26 under that Act; or
27 (c) a contravention of an order made by a court
28 (whether of a kind referred to in section 8(a)
29 or (b) or otherwise) under Part 7 Division 4 of
30 that Act for a departure from such an
31 assessment (including such an order that
32 contains matters mentioned in section 141 of
33 that Act).
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Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 63
1 Subdivision 4 -- Miscellaneous
2 205Q. Court may issue warrant for arrest of alleged
3 offender -- FLA s. 70NDA
4 (1) The court may issue a warrant authorising a person to
5 whom it is addressed to arrest the respondent if --
6 (a) a child-related order that is a parenting order
7 provides that a child is to live with, spend time
8 with or communicate with a person (the
9 complainant); and
10 (b) the court is satisfied that there are reasonable
11 grounds for believing that the respondent has
12 contravened the order on any of the grounds
13 mentioned in any of items 1 to 3 of the Table in
14 section 205C(2); and
15 (c) the issue of the warrant is necessary to ensure
16 that the respondent will attend before the court
17 to be dealt with under this Division for the
18 alleged contravention.
19 (2) A warrant stops being in force on the date specified in
20 the warrant (which must be no more than 6 months
21 after the issue of the warrant).
22 205R. Relationship between Division and prosecutions for
23 offences under other laws -- FLA s. 70NDB
24 (1) This section applies if --
25 (a) an act or omission by the respondent --
26 (i) constitutes an alleged contravention of a
27 child-related order; and
28 (ii) also constitutes an alleged offence under
29 any law;
30 and
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s. 63
1 (b) the respondent is prosecuted in respect of the
2 offence.
3 (2) The court must --
4 (a) dismiss proceedings in relation to the alleged
5 contravention of the child-related order; or
6 (b) adjourn those proceedings until the prosecution
7 has been completed.
8 (3) Nothing in this Division renders a person liable to be
9 punished twice in respect of the same act or omission.
10 Division 14 -- Dealing with people who have been
11 arrested
12 Subdivision 1 -- What this Division does
13 205S. What this Division does -- FLA s. 70P
14 This Division is about dealing with people who have
15 been arrested.
16 Subdivision 2 -- Dealing with people who have been
17 arrested
18 205SA. Situation to which this Subdivision applies --
19 FLA s. 70PA
20 This Subdivision applies if a person --
21 (a) is arrested under a warrant issued under
22 section 205Q(1); or
23 (b) is arrested without warrant under a recovery
24 order.
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s. 63
1 205SB. Arrested person to be brought before court --
2 FLA s. 70PB
3 (1) The arresting person must --
4 (a) ensure that the alleged offender is brought
5 before a court before the end of the holding
6 period applicable under subsection (4); and
7 (b) take all reasonable steps to ensure that, before
8 the alleged offender is brought before a court,
9 the person who applied for the warrant or
10 recovery order is aware --
11 (i) that the alleged offender has been
12 arrested; and
13 (ii) of the court before which the alleged
14 offender is to be brought.
15 (2) The alleged offender must not be released before the
16 end of the holding period except under an order of a
17 court.
18 (3) This section does not authorise the holding in custody
19 of the alleged offender after the end of the holding
20 period.
21 (4) In this section --
22 holding period, in relation to the arrest of an alleged
23 offender, is --
24 (a) if a Saturday, Sunday or public holiday starts
25 within 24 hours after the arrest of the alleged
26 offender, the longer of the following periods --
27 (i) the period starting with the arrest and
28 ending 48 hours later;
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Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
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1 (ii) the period starting with the arrest and
2 ending at the end of the next day after
3 the day of the arrest that is not a
4 Saturday, Sunday or public holiday;
5 or
6 (b) in any other case, the period starting with the
7 arrest and ending 24 hours later.
8 205SC. Obligation of court where application before it to
9 deal with contravention -- FLA s. 70PC
10 (1) This section applies if --
11 (a) the alleged offender is brought before a court
12 under section 205SB; and
13 (b) there is an application before the court for the
14 alleged offender to be dealt with under
15 Division 13 for the alleged contravention.
16 (2) The court must, without delay, proceed to hear and
17 determine the application.
18 205SD. Obligation of court where no application before it,
19 but application before another court, to deal with
20 contravention -- FLA s. 70PD
21 (1) This section applies if --
22 (a) the alleged offender is brought before a court
23 under section 205SB; and
24 (b) there is no application, or no longer any
25 application, before the court for the alleged
26 offender to be dealt with under Division 13 for
27 the alleged contravention; and
28 (c) the court is aware that there is an application
29 before another court for the alleged offender to
30 be dealt with under Division 13 for the alleged
31 contravention.
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Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 63
1 (2) The court must, without delay --
2 (a) order that the alleged offender is to be released
3 from custody on entering into a recognisance
4 (with or without surety or security) that the
5 alleged offender will attend before the other
6 court on a date, at a time and at a place
7 specified by the court; or
8 (b) order the arresting person to arrange for the
9 alleged offender to be brought before the other
10 court on such date and at such time as the court
11 specifies, being a date and time such that the
12 alleged offender is to be brought before the
13 other court as soon as practicable, and in any
14 event not more than 72 hours, after the order is
15 made.
16 (3) If a court makes an order under subsection (2)(b) for
17 the alleged offender to be brought before another
18 court --
19 (a) subject to paragraph (c), the alleged offender
20 may be kept in custody until brought before the
21 other court; and
22 (b) if the alleged offender is brought before the
23 other court as required by the order, the other
24 court must, without delay, proceed to hear and
25 determine the application mentioned in
26 subsection (1)(c); and
27 (c) if the alleged offender is not brought before the
28 other court as required by the order, the alleged
29 offender must be released without delay.
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Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 63
1 205SE. Obligation of court where no application before any
2 court to deal with contravention -- FLA s. 70PE
3 (1) This section applies if --
4 (a) the alleged offender is brought before a court
5 under section 205SB; and
6 (b) there is no application, or no longer any
7 application, before the court for the alleged
8 offender to be dealt with under Division 13 for
9 the alleged contravention; and
10 (c) so far as the court is aware, there is no
11 application, or no longer any application,
12 before any other court for the alleged offender
13 to be dealt with under Division 13 for the
14 alleged contravention.
15 (2) The court must, without delay, order the release of the
16 alleged offender.
17 205SF. Applications heard as required by section 205SC(2)
18 or 205SD(3)(b) -- FLA s. 70PF
19 (1) If a court hearing an application as required by
20 section 205SC(2) or 205SD(3)(b) adjourns the hearing,
21 the court must --
22 (a) order the alleged offender to be kept in such
23 custody as the court considers appropriate
24 during the adjournment; or
25 (b) order that the alleged offender is to be released
26 from custody, either on entering into a
27 recognisance (with or without surety or
28 security) that the alleged offender will attend
29 before the court on the resumption of the
30 hearing or otherwise.
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Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 64
1 (2) This section does not authorise the holding in custody
2 of the alleged offender during an adjournment of
3 proceedings that --
4 (a) is expressed to be for a period of more than
5 24 hours; or
6 (b) continues for more than 24 hours.
7
8 64. Part 8 Division 1A inserted
9 At the beginning of Part 8 insert:
10
11 Division 1A -- Overarching purpose of the family law
12 practice and procedure provisions
13 211C. Overarching purpose of the family law practice and
14 procedure provisions -- FLA s. 95
15 (1) The overarching purpose of the family law practice and
16 procedure provisions is to facilitate the just resolution
17 of disputes --
18 (a) in a way that ensures the safety of families and
19 children; and
20 (b) in relation to proceedings under this Act in
21 which the best interests of a child are the
22 paramount consideration -- in a way that
23 promotes the best interests of the child; and
24 (c) according to law; and
25 (d) as quickly, inexpensively and efficiently as
26 possible.
27 (2) Without limiting subsection (1), the overarching
28 purpose includes the following objectives in relation to
29 proceedings under this Act --
30 (a) the just determination of all such proceedings;
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s. 64
1 (b) the efficient use of the judicial and
2 administrative resources available for the
3 purposes of courts exercising jurisdiction in
4 such proceedings;
5 (c) the efficient disposal of the overall caseload of
6 courts exercising jurisdiction in such
7 proceedings;
8 (d) the disposal of all such proceedings in a timely
9 manner;
10 (e) the resolution of disputes at a cost that is
11 proportionate to the importance and complexity
12 of the matters in dispute.
13 (3) The family law practice and procedure provisions must
14 be interpreted and applied, and any power conferred or
15 duty imposed by them (including the power to make
16 rules) must be exercised or carried out, in the way that
17 best promotes the overarching purpose.
18 (4) The family law practice and procedure provisions are
19 the following, so far as they apply in relation to
20 proceedings under this Act --
21 (a) the rules;
22 (b) any other provision made by or under this Act,
23 or any other written law, with respect to the
24 practice and procedure of a court (whether of a
25 kind referred to in section 8(a) or (b) or
26 otherwise).
27 211D. Duty to act consistently with overarching
28 purpose -- FLA s. 96
29 (1) The parties to proceedings under this Act must conduct
30 the proceedings (including negotiations for settlement
31 of the dispute to which the proceedings relate) in a way
32 that is consistent with the overarching purpose of the
33 family law practice and procedure provisions.
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s. 64
1 (2) A party's lawyer must, in the conduct of proceedings
2 under this Act on the party's behalf (including in the
3 conduct of negotiations for settlement of the dispute to
4 which the proceedings relate) --
5 (a) take account of the duty imposed on the party
6 by subsection (1); and
7 (b) assist the party to comply with the duty.
8 (3) In proceedings under this Act a court may, for the
9 purpose of enabling a party to comply with the duty
10 imposed by subsection (1), require the party's lawyer
11 to give the party an estimate of --
12 (a) the likely duration of the proceedings or part of
13 the proceedings; and
14 (b) the likely amount of costs that the party will
15 have to pay in connection with the proceedings
16 or part of the proceedings (including the costs
17 that the lawyer will charge to the party).
18 (4) In exercising the discretion to award costs in
19 proceedings under this Act, a court must take account
20 of any failure to comply with the duty imposed by
21 subsection (1) or (2).
22 (5) Without limiting the exercise of that discretion, a court
23 may order a party's lawyer to bear costs personally.
24 (6) If a court orders a lawyer to bear costs personally
25 because of a failure to comply with the duty imposed
26 by subsection (2), the lawyer must not recover the costs
27 from the lawyer's client.
28
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s. 65
1 65. Section 212 amended
2 In section 212(1) delete "subsections (2) and (5)," and insert:
3
4 this Act,
5
6 66. Section 214C amended
7 (1) In section 214C(1)(c) delete "Family Law Act section 98AB(1)"
8 and insert:
9
10 Federal Circuit and Family Court of Australia Act 2021
11 (Commonwealth) section 72(1)
12
13 (2) In section 214C(2)(b) delete "Family Law Act
14 section 98AB(2)" and insert:
15
16 Federal Circuit and Family Court of Australia Act 2021
17 (Commonwealth) section 72(2)
18
19 Note: The heading to amended section 214C is to read:
20 Swearing or affirming of affidavits
21 67. Section 219AI amended
22 In section 219AI delete "Evidence and Procedure (New
23 Zealand) Act 1994 of the Commonwealth." and insert:
24
25 Trans-Tasman Proceedings Act 2010 (Commonwealth).
26
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1 68. Parts 8A and 8B inserted
2 After section 219AL insert:
3
4 Part 8A -- Suppression and non-publication
5 orders
6 Division 1 -- Preliminary
7 219AM. Terms used -- FLA s. 102P
8 In this Part --
9 information includes any document;
10 news publisher means a person engaged in the
11 business of publishing news or a public or community
12 broadcasting service engaged in the publishing of news
13 through a public news medium;
14 non-publication order means an order that prohibits or
15 restricts the publication of information (but that does
16 not otherwise prohibit or restrict the disclosure of
17 information);
18 party to proceedings includes the complainant or
19 victim (or alleged victim) in criminal proceedings and
20 any person named in evidence given in proceedings
21 and, in relation to proceedings that have concluded,
22 means a person who was a party to the proceedings
23 before the proceedings concluded;
24 publish means disseminate or provide access to the
25 public or a section of the public by any means,
26 including by --
27 (a) publication in a book, newspaper, magazine or
28 other written publication; or
29 (b) broadcast by radio or television; or
30 (c) public exhibition; or
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1 (d) broadcast or publication by means of the
2 internet;
3 suppression order means an order that prohibits or
4 restricts the disclosure of information (by publication
5 or otherwise).
6 219AN. Powers of a court not affected -- FLA s. 102PA
7 This Part does not limit or otherwise affect any powers
8 that a court has apart from this Part to regulate its
9 proceedings or to deal with a contempt of the court.
10 219AO. Other laws not affected -- FLA s. 102PB
11 This Part does not limit or otherwise affect the
12 operation of a provision made by or under any Act
13 (other than this Act) that prohibits or restricts, or
14 authorises a court to prohibit or restrict, the publication
15 or other disclosure of information in connection with
16 proceedings.
17 219AP. Relationship with Part 11A -- FLA s. 102PC
18 This Part and Part 11A do not limit each other.
19 Division 2 -- Suppression and non-publication orders
20 219AQ. Safeguarding public interest in open justice --
21 FLA s. 102PD
22 In deciding whether to make a suppression order or
23 non-publication order, the court concerned must take
24 into account that a primary objective of the
25 administration of justice is to safeguard the public
26 interest in open justice.
27 219AR. Power to make orders -- FLA s. 102PE
28 (1) A court exercising jurisdiction in proceedings under
29 this Act may, by making a suppression order or
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1 non-publication order on grounds permitted by this
2 Part, prohibit or restrict the publication or other
3 disclosure of --
4 (a) information tending to reveal the identity of or
5 otherwise concerning any party to or witness in
6 the proceedings or any person who is related to
7 or otherwise associated with any party to or
8 witness in the proceedings; or
9 (b) information that relates to the proceedings and
10 is --
11 (i) information that comprises evidence or
12 information about evidence; or
13 (ii) information obtained by the process of
14 discovery; or
15 (iii) information produced under a subpoena;
16 or
17 (iv) information lodged with or filed in the
18 court.
19 (2) The court may make such orders as it thinks
20 appropriate to give effect to an order under
21 subsection (1).
22 219AS. Grounds for making an order -- FLA s. 102PF
23 (1) The court may make a suppression order or
24 non-publication order on one or more of the following
25 grounds --
26 (a) the order is necessary to prevent prejudice to
27 the proper administration of justice;
28 (b) the order is necessary to prevent prejudice to
29 the interests of the Commonwealth or a State or
30 Territory in relation to national or international
31 security;
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1 (c) the order is necessary to protect the safety of
2 any person;
3 (d) the order is necessary to avoid causing undue
4 distress or embarrassment to a party to or
5 witness in criminal proceedings involving an
6 offence of a sexual nature (including an act of
7 indecency).
8 (2) A suppression order or non-publication order must
9 specify the ground or grounds on which the order is
10 made.
11 219AT. Procedure for making an order -- FLA s. 102PG
12 (1) The court may make a suppression order or
13 non-publication order on its own initiative or on the
14 application of --
15 (a) a party to the proceedings concerned; or
16 (b) any other person considered by the court to
17 have a sufficient interest in the making of the
18 order.
19 (2) Each of the following persons is entitled to appear and
20 be heard by the court on an application for a
21 suppression order or non-publication order --
22 (a) the applicant for the order;
23 (b) a party to the proceedings concerned;
24 (c) the Government (or an agency of the
25 Government);
26 (d) the government (or an agency of the
27 government) of the Commonwealth or another
28 State or a Territory;
29 (e) a news publisher;
30 (f) any other person who, in the court's opinion,
31 has a sufficient interest in the question of
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1 whether a suppression order or non-publication
2 order should be made.
3 (3) A suppression order or non-publication order may be
4 made at any time during proceedings or after
5 proceedings have concluded.
6 (4) A suppression order or non-publication order may be
7 made subject to such exceptions and conditions as the
8 court thinks fit and specifies in the order.
9 (5) A suppression order or non-publication order must
10 specify the information to which the order applies with
11 sufficient particularity to ensure that the court order is
12 limited to achieving the purpose for which the order is
13 made.
14 219AU. Interim orders -- FLA s. 102PH
15 (1) If an application is made to the court for a suppression
16 order or non-publication order, the court may, without
17 determining the merits of the application, make the
18 order as an interim order to have effect, subject to
19 revocation by the court, until the application is
20 determined.
21 (2) If an order is made as an interim order, the court must
22 determine the application as a matter of urgency.
23 219AV. Duration of orders -- FLA s. 102PI
24 (1) A suppression order or non-publication order operates
25 for the period decided by the court and specified in the
26 order.
27 (2) In deciding the period for which an order is to operate,
28 the court is to ensure that the order operates for no
29 longer than is reasonably necessary to achieve the
30 purpose for which it is made.
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1 (3) The period for which an order operates may be
2 specified by reference to a fixed or ascertainable period
3 or by reference to the occurrence of a specified future
4 event.
5 219AW. Exception for court officials -- FLA s. 102PJ
6 A suppression order does not prevent a person from
7 disclosing information if the disclosure is not by
8 publication and is in the course of performing functions
9 or duties or exercising powers in a public official
10 capacity --
11 (a) in connection with the conduct of proceedings
12 or the recovery or enforcement of any penalty
13 imposed in proceedings; or
14 (b) in compliance with any procedure adopted by
15 the court for informing a news publisher of the
16 existence and content of a suppression order or
17 non-publication order made by the court.
18 219AX. Contravention of order -- FLA s. 102PK
19 (1) A person commits an offence if --
20 (a) the person does an act or omits to do an act; and
21 (b) the act or omission contravenes an order made
22 by a court under section 219AR.
23 Penalty for this subsection: imprisonment for
24 12 months and a fine of $18 780.
25 (2) An act or omission that constitutes an offence under
26 this section may be punished as a contempt of court
27 even though it could be punished as an offence.
28 (3) An act or omission that constitutes an offence under
29 this section may be punished as an offence even though
30 it could be punished as a contempt of court.
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1 (4) If an act or omission constitutes both an offence under
2 this section and a contempt of court, the offender is not
3 liable to be punished twice.
4 (5) Part 10 does not apply in relation to a contravention of
5 an order made by a court under section 219AR.
6 Part 8B -- Decrees and orders relating to
7 unmeritorious, harmful, and vexatious
8 proceedings
9 Division 1 -- Preliminary
10 219AY. Terms used -- FLA s. 102Q
11 (1) In this Part --
12 appropriate court official means --
13 (a) in relation to the Family Court of Western
14 Australia -- the Principal Registrar of the
15 Court; and
16 (b) in relation to any other court -- the principal
17 officer (however described) of the court;
18 Australian court or tribunal means a court or tribunal
19 of the Commonwealth, a State or a Territory;
20 harmful proceedings order means an order made
21 under section 219AZB(1);
22 institute, in relation to proceedings, includes --
23 (a) for civil proceedings -- the taking of a step or
24 the making of an application that may be
25 necessary before proceedings can be started
26 against a party; and
27 (b) for proceedings before a tribunal -- the taking
28 of a step or the making of an application that
29 may be necessary before proceedings can be
30 started before the tribunal; and
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1 (c) for criminal proceedings -- the making of a
2 complaint or the obtaining of a warrant for the
3 arrest of an alleged offender; and
4 (d) for civil or criminal proceedings or proceedings
5 before a tribunal -- the taking of a step or the
6 making of an application that may be necessary
7 to start an appeal in relation to the proceedings
8 or to a decision made in the course of the
9 proceedings;
10 proceedings --
11 (a) in relation to a court -- has the meaning given
12 by section 5(1); and
13 (b) in relation to a tribunal -- means a proceeding
14 in the tribunal, whether between parties or not,
15 and includes an incidental proceeding in the
16 course of, or in connection with, a proceeding;
17 proceedings of a particular type includes --
18 (a) proceedings in relation to a particular matter;
19 and
20 (b) proceedings against a particular person;
21 vexatious proceedings includes --
22 (a) proceedings that are an abuse of the process of
23 a court or tribunal; and
24 (b) proceedings instituted in a court or tribunal to
25 harass or annoy, to cause delay or detriment, or
26 for another wrongful purpose; and
27 (c) proceedings instituted or pursued in a court or
28 tribunal without reasonable ground; and
29 (d) proceedings conducted in a court or tribunal in
30 a way so as to harass or annoy, cause delay or
31 detriment, or achieve another wrongful
32 purpose;
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1 vexatious proceedings order means an order made
2 under section 219AZG(2).
3 (2) A reference in this Part to a person acting in concert
4 with another person in instituting or conducting
5 proceedings does not include a reference to a person
6 who is so acting as a lawyer or representative of the
7 other person.
8 219AZ. Interactions between provisions and with other
9 powers of court -- FLA s. 102QA
10 The provisions of this Part do not limit or otherwise
11 affect --
12 (a) each other; or
13 (b) any other power that a court has to deal with
14 proceedings.
15 Division 2 -- Summary decrees
16 219AZA. Summary decrees -- FLA s. 102QAB
17 (1) In proceedings under this Act, the court hearing the
18 proceedings may make a decree for one party (the first
19 party) against another in relation to the whole or any
20 part of the proceedings if --
21 (a) the first party is prosecuting the proceedings or
22 that part of the proceedings; and
23 (b) the court is satisfied that the other party has no
24 reasonable prospect of successfully defending
25 the proceedings or that part of the proceedings.
26 (2) In proceedings under this Act, the court hearing the
27 proceedings may make a decree for one party (the first
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1 party) against another in relation to the whole or any
2 part of the proceedings if --
3 (a) the first party is defending the proceedings or
4 that part of the proceedings; and
5 (b) the court is satisfied that the other party has no
6 reasonable prospect of successfully prosecuting
7 the proceedings or that part of the proceedings.
8 (3) For the purposes of this section, a defence or
9 proceedings or part of proceedings need not be
10 hopeless or bound to fail to have no reasonable
11 prospect of success.
12 (4) In proceedings under this Act, the court hearing the
13 proceedings may dismiss all or part of the proceedings
14 at any stage if it is satisfied that the proceedings or the
15 part is frivolous, vexatious or an abuse of process.
16 (5) To avoid doubt, proceedings or a part of proceedings
17 are not frivolous, vexatious or an abuse of process
18 merely because an application relating to the
19 proceedings or the part is made and later withdrawn.
20 (6) If the court makes a decree, or dismisses all or part of
21 proceedings, under this section, the court may make
22 such order as to costs as the court considers just.
23 (7) The court may take action under this section on its own
24 initiative or on application by a party to the
25 proceedings.
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1 Division 3 -- Harmful proceedings orders
2 Subdivision 1 -- Making harmful proceedings orders
3 219AZB. Making harmful proceedings orders --
4 FLA s. 102QAC
5 (1) A court exercising jurisdiction in proceedings under
6 this Act may make an order (a harmful proceedings
7 order) prohibiting a party (the first party) to the
8 proceedings from instituting proceedings under this
9 Act against another party to the proceedings without
10 the leave of the court under section 219AZF, if the
11 court is satisfied that there are reasonable grounds to
12 believe that --
13 (a) the other party would suffer harm if the first
14 party instituted further proceedings against the
15 other party; or
16 (b) in the case of child-related proceedings -- the
17 child who is the subject of the proceedings
18 would suffer harm if the first party instituted
19 further proceedings against the other party.
20 (2) For the purposes of subsection (1), harm may include,
21 but is not limited to, the following --
22 (a) psychological harm or oppression;
23 (b) major mental distress;
24 (c) a detrimental effect on the other party's
25 capacity to care for a child;
26 (d) financial harm.
27 (3) In determining whether to make an order under
28 subsection (1), the court may have regard to --
29 (a) the history of the proceedings under this Act
30 between the first party and the other party; and
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1 (b) whether the first party has frequently instituted
2 or conducted proceedings against the other
3 party in any Australian court or tribunal
4 (including proceedings instituted (or attempted
5 to be instituted) or conducted, and orders made,
6 before the commencement of the Family Court
7 Amendment (Commonwealth Reforms)
8 Act 2024 section 68); and
9 (c) the cumulative effect, or any potential
10 cumulative effect, of any harm resulting from
11 the proceedings referred to in paragraphs (a)
12 and (b).
13 (4) The court may make a harmful proceedings order on its
14 own initiative or on application by a party to the
15 proceedings.
16 (5) The court must not make a harmful proceedings order
17 in relation to a person without hearing the person or
18 giving the person an opportunity of being heard.
19 (6) An order made under subsection (1) is a final order.
20 (7) If the court makes an order under subsection (1), the
21 court must also make an order as to whether the court
22 is to notify the other party, in the event that the first
23 party makes an application under section 219AZD for
24 leave to institute proceedings against the other party, of
25 either or both of the following --
26 (a) that the application has been made;
27 (b) if the application is dismissed -- that the
28 application has been dismissed.
29 (8) The court must have regard to the wishes of the other
30 party in making an order under subsection (7).
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1 Subdivision 2 -- Consequences of harmful proceedings
2 orders
3 219AZC. Proceedings in contravention of harmful
4 proceedings order -- FLA s. 102QAD
5 (1) If a person is subject to a harmful proceedings order
6 prohibiting the person from instituting proceedings
7 under this Act in a court having jurisdiction under this
8 Act --
9 (a) the person must not institute proceedings in the
10 court without the leave of the court under
11 section 219AZF; and
12 (b) another person must not, acting in concert with
13 the person, institute proceedings in the court
14 without the leave of the court under
15 section 219AZF.
16 (2) If proceedings are instituted in contravention of
17 subsection (1), the proceedings are stayed.
18 (3) Without limiting subsection (2), the court may make --
19 (a) an order declaring proceedings are proceedings
20 to which subsection (2) applies; and
21 (b) any other order in relation to the stayed
22 proceedings it considers appropriate, including
23 an order for costs.
24 (4) The court may make an order under subsection (3) on
25 its own initiative or on the application of a person a
26 party to the proceedings.
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1 219AZD. Application for leave to institute proceedings --
2 FLA s. 102QAE
3 (1) This section applies to a person (the applicant) who
4 is --
5 (a) subject to a harmful proceedings order
6 prohibiting the person from instituting further
7 proceedings under this Act in a court having
8 jurisdiction under this Act; or
9 (b) acting in concert with another person who is
10 subject to an order mentioned in paragraph (a).
11 (2) The applicant may apply to the court for leave to
12 institute proceedings that are subject to the order.
13 (3) The applicant must file an affidavit with the application
14 that --
15 (a) lists all the occasions on which the applicant
16 has applied for leave under this section; and
17 (b) discloses all relevant facts about the
18 application, whether supporting or adverse to
19 the application, that are known to the applicant.
20 (4) The applicant must --
21 (a) not serve a copy of the application or affidavit
22 on a person unless an order is made under
23 section 219AZF; and
24 (b) if the order is made -- serve the copy in
25 accordance with the order.
26 219AZE. Dismissing application for leave --
27 FLA s. 102QAF
28 (1) The court may make an order dismissing an application
29 under section 219AZD for leave to institute
30 proceedings if it considers the affidavit does not
31 substantially comply with section 219AZD(3).
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1 (2) The court must make an order dismissing an
2 application under section 219AZD for leave to institute
3 proceedings if it considers the proceedings are
4 vexatious proceedings.
5 (3) The court may dismiss the application without an oral
6 hearing (either with or without the consent of the
7 applicant).
8 (4) The court may make an order under this section in
9 Chambers.
10 219AZF. Granting application for leave --
11 FLA s. 102QAG
12 (1) The court may make an order granting the application
13 for leave only if it is satisfied that the proceedings are
14 not frivolous, vexatious or an abuse of process, and
15 have reasonable prospects of success.
16 (2) An order under subsection (1) may be made subject to
17 the conditions the court considers appropriate.
18 Division 4 -- Vexatious proceedings orders
19 Subdivision 1 -- Making vexatious proceedings orders
20 219AZG. Making vexatious proceedings orders --
21 FLA s. 102QB
22 (1) This section applies if a court exercising jurisdiction in
23 proceedings under this Act is satisfied --
24 (a) a person has frequently instituted or conducted
25 vexatious proceedings in Australian courts or
26 tribunals; or
27 (b) a person, acting in concert with another person
28 who is subject to a vexatious proceedings order
29 or who is covered by paragraph (a), has
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1 instituted or conducted vexatious proceedings
2 in an Australian court or tribunal.
3 (2) The court may make any or all of the following
4 orders --
5 (a) an order staying or dismissing all or part of any
6 proceedings in the court already instituted by
7 the person;
8 (b) an order prohibiting the person from instituting
9 proceedings, or proceedings of a particular
10 type, under this Act in a court having
11 jurisdiction under this Act;
12 (c) any other order the court considers appropriate
13 in relation to the person.
14 (3) The court may make a vexatious proceedings order on
15 its own initiative or on the application of any of the
16 following --
17 (a) the Attorney General;
18 (b) the appropriate court official;
19 (c) a person against whom another person has
20 instituted or conducted vexatious proceedings;
21 (d) a person who has a sufficient interest in the
22 matter.
23 (4) The court must not make a vexatious proceedings order
24 in relation to a person without hearing the person or
25 giving the person an opportunity of being heard.
26 (5) An order made under subsection (2)(a) or (b) is a final
27 order.
28 (6) For the purposes of subsection (1), the court may have
29 regard to the following, including in relation to
30 proceedings instituted (or attempted to be instituted) or
31 conducted, and orders made, before the
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1 commencement of the Family Court Amendment
2 (Commonwealth Reforms) Act 2024 section 68 --
3 (a) proceedings instituted (or attempted to be
4 instituted) or conducted in any Australian court
5 or tribunal;
6 (b) orders made by any Australian court or
7 tribunal;
8 (c) the person's overall conduct in proceedings
9 conducted in any Australian court or tribunal
10 (including the person's compliance with orders
11 made by that court or tribunal).
12 219AZH. Notification of vexatious proceedings orders --
13 FLA s. 102QC
14 (1) A person may request the appropriate court official of a
15 court for a certificate stating whether a person named
16 in the request is or has been the subject of a vexatious
17 proceedings order made by the court.
18 (2) If a person makes a request under subsection (1) and
19 the person named in the request is or has been the
20 subject of a vexatious proceedings order made by the
21 court, the appropriate court official must issue to the
22 person making the request a certificate --
23 (a) specifying the date of the order; and
24 (b) specifying any other information prescribed by
25 the rules.
26 (3) This section is subject to any written law, law of the
27 Commonwealth or order of the court restricting the
28 publication or disclosure of the name of a party to
29 proceedings in the court.
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1 Subdivision 2 -- Consequences of vexatious proceedings
2 orders
3 219AZI. Proceedings in contravention of vexatious
4 proceedings order -- FLA s. 102QD
5 (1) If a person is subject to a vexatious proceedings order
6 prohibiting the person from instituting proceedings, or
7 proceedings of a particular type, under this Act in a
8 court having jurisdiction under this Act --
9 (a) the person must not institute proceedings, or
10 proceedings of that type, in the court without
11 the leave of the court under section 219AZL;
12 and
13 (b) another person must not, acting in concert with
14 the person, institute proceedings, or
15 proceedings of that type, in the court without
16 the leave of the court under section 219AZL.
17 (2) If proceedings are instituted in contravention of
18 subsection (1), the proceedings are stayed.
19 (3) Without limiting subsection (2), the court may make --
20 (a) an order declaring proceedings are proceedings
21 to which subsection (2) applies; and
22 (b) any other order in relation to the stayed
23 proceedings it considers appropriate, including
24 an order for costs.
25 (4) The court may make an order under subsection (3) on
26 its own initiative or on the application of any of the
27 following --
28 (a) the Attorney General;
29 (b) the appropriate court official;
30 (c) a person against whom another person has
31 instituted or conducted vexatious proceedings;
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1 (d) a person who has a sufficient interest in the
2 matter.
3 219AZJ. Application for leave to institute proceedings by
4 person subject to vexatious proceedings order --
5 FLA s. 102QE
6 (1) This section applies to a person (the applicant) who
7 is --
8 (a) subject to a vexatious proceedings order
9 prohibiting the person from instituting
10 proceedings, or proceedings of a particular
11 type, under this Act in a court having
12 jurisdiction under this Act; or
13 (b) acting in concert with another person who is
14 subject to an order mentioned in paragraph (a).
15 (2) The applicant may apply to the court for leave to
16 institute proceedings that are subject to the order.
17 (3) The applicant must file an affidavit with the application
18 that --
19 (a) lists all the occasions on which the applicant
20 has applied for leave under this section; and
21 (b) lists all other proceedings the applicant has
22 instituted in any Australian court or tribunal,
23 including proceedings instituted before the
24 commencement of the Family Court
25 Amendment (Commonwealth Reforms)
26 Act 2024 section 68; and
27 (c) discloses all relevant facts about the
28 application, whether supporting or adverse to
29 the application, that are known to the applicant.
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1 (4) The applicant must --
2 (a) not serve a copy of the application or affidavit
3 on a person unless an order is made under
4 section 219AZL(1)(a); and
5 (b) if the order is made -- serve the copy in
6 accordance with the order.
7 219AZK. Dismissing application for leave by person
8 subject to vexatious proceedings order --
9 FLA s. 102QF
10 (1) The court may make an order dismissing an application
11 under section 219AZJ for leave to institute proceedings
12 if it considers the affidavit does not substantially
13 comply with section 219AZJ(3).
14 (2) The court must make an order dismissing an
15 application under section 219AZJ for leave to institute
16 proceedings if it considers the proceedings are
17 vexatious proceedings.
18 (3) The court may dismiss the application without an oral
19 hearing (either with or without the consent of the
20 applicant).
21 (4) The court may make an order under this section in
22 Chambers.
23 219AZL. Granting application for leave by person subject
24 to vexatious proceedings order -- FLA s. 102QG
25 (1) Before the court makes an order granting an
26 application under section 219AZJ for leave to institute
27 proceedings, it must --
28 (a) order that the applicant serve the following
29 people with a copy of the application and
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s. 69
1 affidavit and a notice that the person is entitled
2 to be heard on the application --
3 (i) the person against whom the applicant
4 proposes to institute the proceedings;
5 (ii) any other person specified in the order;
6 and
7 (b) give the applicant and each person described in
8 paragraph (a)(i) or (ii), on appearance, an
9 opportunity to be heard at the hearing of the
10 application.
11 (2) At the hearing of the application, the court may receive
12 as evidence any record of evidence given, or affidavit
13 filed, in any proceedings in any Australian court or
14 tribunal in which the applicant is, or at any time was,
15 involved either as a party or as a person acting in
16 concert with a party.
17 (3) The court may make an order granting the application.
18 (4) An order made under subsection (3) may be made
19 subject to the conditions the court considers
20 appropriate.
21 (5) The court may grant leave only if it is satisfied the
22 proceedings are not vexatious proceedings.
23
24 69. Section 220A amended
25 Delete section 220A(1)(a) and insert:
26
27 (a) a child-related order; or
28
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1 70. Section 231 amended
2 Delete section 231(1) and insert:
3
4 (1) Subject to this section, an order made under
5 section 226 may be varied or discharged by the court
6 that made the order or the Court.
7
8 71. Section 233A amended
9 (1) In section 233A delete the definition of order under this Act.
10 (2) In section 233A insert in alphabetical order:
11
12 relevant order means a child-related order or an order
13 under this Act (as defined in section 223).
14
15 72. Section 234 amended
16 In section 234(1):
17 (a) in paragraph (a) delete "an order under this Act; or" and
18 insert:
19
20 a relevant order; or
21
22 (b) in paragraph (b) delete "an order under this Act" and
23 insert:
24
25 a relevant order
26
page 104
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 73
1 73. Part 11A inserted
2 After section 236 insert:
3
4 Part 11A -- Restriction on communication of
5 accounts and lists of proceedings
6 236A. Terms used -- FLA s. 114P
7 (1) In this Part --
8 communicate means communicate by any means,
9 including by any of the following --
10 (a) publication in a book, newspaper, magazine or
11 other written publication;
12 (b) broadcast by radio or television;
13 (c) public exhibition;
14 (d) broadcast or publication or other
15 communication by means of the internet.
16 (2) In this Part (other than section 236D(1)(b)) --
17 public includes a section of the public.
18 236B. Indictable offence: communication to the public of
19 account of proceedings that identifies parties or
20 others involved in proceedings -- FLA s. 114Q
21 (1) A person commits a crime if --
22 (a) the person communicates to the public an
23 account of proceedings under this Act; and
24 (b) the account identifies --
25 (i) a party to the proceedings; or
26 (ii) a witness in the proceedings; or
page 105
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 73
1 (iii) a person who is related to, or is
2 associated with, a party to the
3 proceedings; or
4 (iv) a person who is, or is alleged to be, in
5 any other way concerned in the matter
6 to which the proceedings relate.
7 Penalty for this subsection: imprisonment for
8 12 months and a fine of $18 780.
9 Summary conviction penalty for this subsection: a fine
10 of $9 390.
11 (2) Subsection (1) does not apply if the communication
12 is --
13 (a) in accordance with a direction of a court; or
14 (b) otherwise approved by a court.
15 (3) For the purposes of subsection (1)(b), an account of
16 proceedings is taken to identify a person if the account
17 includes material that is sufficient to identify the
18 person to a member of the public.
19 (4) Examples of material referred to in subsection (3)
20 might include the following --
21 (a) a picture, recording, or physical description of
22 the person;
23 (b) a name or title that identifies the person;
24 (c) an address or location where the person resides
25 or works;
26 (d) details of the person's employment, paid or
27 voluntary;
28 (e) the relationship or other connection between
29 the person and an identified person or business;
30 (f) the person's political, philosophical or religious
31 beliefs;
page 106
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 73
1 (g) any real or personal property associated with
2 the person.
3 236C. Indictable offence: communication to the public of
4 list of court proceedings that refers to names of
5 parties -- FLA s. 114R
6 (1) A person commits a crime if the person communicates
7 to the public a list of proceedings, identified by
8 reference to the names of the parties to the
9 proceedings, that are to be dealt with by any of the
10 following under this Act --
11 (a) a court;
12 (b) an officer of a court investigating or dealing
13 with a matter in accordance with this Act, the
14 regulations or the rules;
15 (c) a tribunal established by or under a law of this
16 State or of the Commonwealth or of any other
17 State or a Territory.
18 Penalty for this subsection: imprisonment for
19 12 months and a fine of $18 780.
20 Summary conviction penalty for this subsection: a fine
21 of $9 390.
22 (2) Subsection (1) does not apply if --
23 (a) the communication is the publication, by the
24 court, officer or tribunal, of a list of
25 proceedings the court, officer or tribunal is to
26 deal with; or
27 (b) the communication is --
28 (i) in accordance with a direction of a court
29 or otherwise approved by a court; or
30 (ii) in accordance with the rules.
page 107
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 73
1 236D. When a communication is not a communication to
2 the public -- FLA s. 114S
3 (1) For the purposes of sections 236B(1)(a) and 236C(1), a
4 communication to a person or body is not a
5 communication to the public if --
6 (a) the person or body has a significant and
7 legitimate interest in the subject matter of the
8 communication; and
9 (b) that interest is substantially greater than, or
10 different from, the interests of members of the
11 public generally.
12 (2) Without limiting subsection (1), none of the following
13 is a communication to the public --
14 (a) a private communication between a party to
15 proceedings and one or more persons who are
16 members of the party's family or friends of the
17 party;
18 (b) a communication of a pleading, transcript of
19 evidence, or other document for use in
20 connection with any of the following
21 proceedings, to a person concerned in those
22 proceedings --
23 (i) proceedings in a court;
24 (ii) proceedings before an officer of a court
25 investigating or dealing with a matter in
26 accordance with this Act, the
27 regulations or the rules;
28 (iii) proceedings in a tribunal established by
29 or under a law of this State or of the
30 Commonwealth or of any other State or
31 a Territory;
32 (c) a communication of a pleading, transcript of
33 evidence, or other document, to a prescribed
page 108
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 73
1 authority of a State or Territory that has
2 responsibilities relating to the welfare of
3 children;
4 (d) a communication of a pleading, transcript of
5 evidence, or other document, to --
6 (i) a body that is responsible for
7 disciplining members of a profession in
8 a State or Territory; or
9 (ii) a person concerned in disciplinary
10 proceedings against a member of a
11 profession in a State or Territory (being
12 proceedings before a body that is
13 responsible for disciplining members of
14 that profession in that State or
15 Territory);
16 (e) a communication of a pleading, transcript of
17 evidence, or other document, to a body that
18 grants assistance by way of legal aid for the
19 purpose of facilitating a decision as to whether
20 assistance by way of legal aid should be
21 granted, continued or provided in a particular
22 case;
23 (f) a communication of material intended primarily
24 for use by the members of any profession
25 (being part of a series of law reports or any
26 other publication of a technical character);
27 (g) a communication of an account of proceedings
28 to a member of a profession in connection
29 with --
30 (i) the person's practice of that profession;
31 or
32 (ii) any form of professional training in
33 which that person is involved;
page 109
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 74
1 (h) a communication of an account of proceedings
2 to a student in connection with the student's
3 studies.
4 236E. Consent of DPP required to commence
5 proceedings -- FLA s. 114T
6 Proceedings for an offence against section 236B(1)
7 or 236C(1) must not be commenced without the written
8 consent of the DPP.
9
10 74. Section 237 amended
11 (1) In section 237(1):
12 (a) delete "sections 205SB and 242," and insert:
13
14 section 219AZA(6),
15
16 (b) delete "is to" and insert:
17
18 must
19
20 (2) In section 237(2) delete "(6A) and (6)" and insert:
21
22 (6A), (6) and (7)
23
24 (3) After section 237(6) insert:
25
26 (7) The court must not make an order under subsection (2)
27 against a case guardian unless the court is satisfied that
28 one or more acts or omissions of the case guardian
29 relating to the proceedings are unreasonable or have
30 delayed the proceedings unreasonably.
31
page 110
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 75
1 75. Section 238 amended
2 In section 238(1)(b) delete "107 or 108" and insert:
3
4 107, 107A, 108 or 108A
5
6 76. Section 240 amended
7 Delete section 240(2) and (3) and insert:
8
9 (2) Subsection (3) applies if --
10 (a) a party to proceedings to which this section
11 applies makes an offer to the other party to the
12 proceedings to settle the proceedings; and
13 (b) the offer is made in accordance with the rules.
14 (3) The terms of the offer must not be disclosed to a court
15 in which the proceedings are being heard except for the
16 purposes of the consideration by the court of whether it
17 should make an order as to costs under section 237(2)
18 and the terms of any such order.
19
20 77. Sections 242 and 243 deleted
21 Delete sections 242 and 243.
22 78. Section 243A replaced
23 Delete section 243A and insert:
24
25 243A. Making arrests under this Act or warrants --
26 FLA s. 122A
27 (1) This section and section 243B apply to any of the
28 following persons (the arrester) who is authorised by
page 111
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 78
1 this Act, or by a warrant issued under this Act or under
2 the rules, to arrest another person (the arrestee) --
3 (a) the Marshal of the Court;
4 (b) a police officer.
5 (2) In the course of arresting the arrestee, the arrester --
6 (a) must not use more force, or subject the arrestee
7 to greater indignity, than is necessary and
8 reasonable to make the arrest or to prevent the
9 arrestee's escape after the arrest; and
10 (b) must not do anything that is likely to cause the
11 death of, or grievous bodily harm to, the
12 arrestee unless the arrester reasonably believes
13 that doing that thing is necessary to protect life
14 or prevent serious injury to another person
15 (including the arrester); and
16 (c) if the arrestee is attempting to escape arrest by
17 fleeing -- must not do a thing described in
18 paragraph (b) unless --
19 (i) the arrester reasonably believes that
20 doing that thing is necessary to protect
21 life or prevent serious injury to another
22 person (including the arrester); and
23 (ii) the arrestee has, if practicable, been
24 called on to surrender and the arrester
25 reasonably believes that the arrestee
26 cannot be arrested in any other way.
27 (3) When arresting the arrestee, the arrester must inform
28 the arrestee of the grounds for the arrest.
29 (4) It is sufficient if the arrestee is informed of the
30 substance of those grounds, not necessarily in precise
31 or technical language.
page 112
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 78
1 (5) Subsection (3) does not apply if --
2 (a) it is reasonable, in the circumstances, to assume
3 that the arrestee knows the substance of the
4 grounds for the arrest; or
5 (b) the arrestee's actions make it impracticable for
6 the arrester to inform the arrestee of those
7 grounds.
8 243B. Powers to enter and search premises, and stop
9 conveyances, for making arrests under this Act or
10 warrants -- FLA s. 122AA
11 (1) In this section --
12 arrestee has the meaning given in section 243A(1);
13 arrester has the meaning given in section 243A(1);
14 premises includes a place and a conveyance.
15 (2) If the arrester reasonably believes the arrestee is on
16 premises, the arrester may enter the premises, using
17 such force as is necessary and reasonable in the
18 circumstances, at any time of the day or night for the
19 purpose of searching the premises for the arrestee or
20 arresting the arrestee.
21 (3) However, the arrester must not enter a dwelling house
22 between 9 pm one day and 6 am the next day unless the
23 arrester reasonably believes that it would not be
24 practicable to arrest the arrestee there or elsewhere at
25 another time.
26 (4) If the arrester may enter and search a conveyance under
27 subsection (2) (disregarding subsection (3)), the
28 arrester may, for the purposes of effecting the entry and
29 search, stop and detain the conveyance.
page 113
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 79
1 (5) If the arrester stops, detains, enters or searches a
2 conveyance under this section for the purposes of
3 arresting the arrestee, the arrester --
4 (a) may use such assistance as is necessary; and
5 (b) must search the conveyance in a public place or
6 in some other place to which members of the
7 public have ready access; and
8 (c) must not detain the conveyance for longer than
9 is necessary and reasonable to search it; and
10 (d) may use such force as is necessary and
11 reasonable in the circumstances, but must not
12 damage the conveyance by forcing open a part
13 of the conveyance unless --
14 (i) the person (if any) apparently in charge
15 of the conveyance has been given a
16 reasonable opportunity to open that part;
17 or
18 (ii) it is not possible to give that person such
19 an opportunity.
20
21 79. Section 244 amended
22 In section 244(3):
23 (a) after paragraph (f) insert:
24
25 (fa) the prevention or termination of vexatious
26 proceedings; and
27
28 (b) in paragraph (j)(iii) delete "205O or 205S;" and insert:
29
30 205H, 205J or 205K;
31
page 114
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 80
1 (c) in paragraph (m) delete "next friend" and insert:
2
3 case guardian
4
5 80. Section 245 amended
6 In section 245(4) delete "subsection (5)," and insert:
7
8 section 65AC(4)(a) and subsection (5),
9
10 81. Section 247 amended
11 After section 247(3) insert:
12
13 (4) Schedule 2 Division 4 has effect in relation to the
14 amendments made by the Family Court Amendment
15 (Commonwealth Reforms) Act 2024.
16
17 82. Schedule 2 Division 4 inserted
18 At the end of Schedule 2 insert:
19
20 Division 4 -- Provisions for Family Court Amendment
21 (Commonwealth Reforms) Act 2024
22 14. Application of amendments
23 (1) In this clause --
24 commencement day means the day on which the Family
25 Court Amendment (Commonwealth Reforms) Act 2024
26 Part 2 comes into operation;
27 old Act means the Family Court Act 1997 as in force
28 immediately before commencement day.
page 115
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 82
1 (2) Subject to subclause (8), the insertion by the Family Court
2 Amendment (Commonwealth Reforms) Act 2024 section 5(2)
3 of the definition of family law practice and procedure
4 provisions applies, and the amendments made by the Family
5 Court Amendment (Commonwealth Reforms) Act 2024
6 sections 6(1), 23, 24, 25, 26, 28, 31, 32, 33, 34, 36, 38, 39,
7 52, 53, 54, 55, 57 and 64 apply, in relation to the following
8 proceedings --
9 (a) proceedings instituted on or after commencement
10 day;
11 (b) proceedings instituted before, and not finally
12 determined by, commencement day, other than
13 proceedings in respect of which a final hearing has
14 commenced by commencement day.
15 (3) So far as the amendments made by the Family Court
16 Amendment (Commonwealth Reforms) Act 2024
17 sections 5(6), 6(2) and 7 apply in relation to proceedings,
18 they apply in relation to --
19 (a) proceedings instituted on or after commencement
20 day; and
21 (b) proceedings instituted before, and not finally
22 determined by, commencement day, other than
23 proceedings in respect of which a final hearing has
24 commenced by commencement day.
25 (4) The amendments made by the Family Court Amendment
26 (Commonwealth Reforms) Act 2024 section 9 are taken to
27 apply on and from 1 September 2021.
28 (5) Section 33B, as inserted by the Family Court Amendment
29 (Commonwealth Reforms) Act 2024 section 11, applies in
30 relation to the performance of a function or the exercise of a
31 power of a registrar of the Court, before, on or after the day
32 on which the Family Court Amendment (Commonwealth
33 Reforms) Act 2024 section 11 comes into operation,
34 regardless of whether the relevant proceeding commenced
35 before, on or after commencement of that section.
page 116
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 82
1 (6) The amendments made by the Family Court Amendment
2 (Commonwealth Reforms) Act 2024 sections 13 and 14
3 apply in relation to proceedings instituted on or after
4 commencement day.
5 (7) The amendment made by the Family Court Amendment
6 (Commonwealth Reforms) Act 2024 section 19 applies in
7 relation to a thing said or an admission made if the thing or
8 admission is to be admitted, on or after commencement day,
9 into proceedings (whether those proceedings are instituted
10 before, on or after commencement day).
11 (8) Section 69A, as inserted by the Family Court Amendment
12 (Commonwealth Reforms) Act 2024 section 31, applies on
13 and from commencement day.
14 (9) The amendment made by the Family Court Amendment
15 (Commonwealth Reforms) Act 2024 section 37 applies in
16 relation to final parenting orders whether the orders came
17 into force before, or come into force on or after,
18 commencement day.
19 (10) The amendments made by the Family Court Amendment
20 (Commonwealth Reforms) Act 2024 sections 42 to 46 apply
21 to --
22 (a) a child taken or sent from the State on or after
23 commencement day; or
24 (b) a child taken or sent from the State before
25 commencement day, if the period specified in the
26 consent or order in accordance with which the child
27 was taken or sent --
28 (i) ended after commencement day; or
29 (ii) was extended so that it ended after
30 commencement day.
31 (11) The amendments made by the Family Court Amendment
32 (Commonwealth Reforms) Act 2024 section 58 apply in
33 relation to revivals, variations and suspensions of orders,
34 injunctions and arrangements if the revivals, variations and
35 suspensions are made under section 176 on or after
36 commencement day.
page 117
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 82
1 (12) Despite the repeal of section 202K of the old Act made by
2 the Family Court Amendment (Commonwealth Reforms)
3 Act 2024 section 62, section 202K of the old Act continues
4 to apply on and after commencement day, in relation to
5 orders made before commencement day, as if the repeal had
6 not happened.
7 (13) Despite the amendments made by the Family Court
8 Amendment (Commonwealth Reforms) Act 2024
9 sections 65, 68, 77 and 79(a), the rules that were in force
10 immediately before commencement day under the old Act
11 (to the extent the rules relate to vexatious proceedings)
12 continue to apply on and after commencement day in
13 relation to proceedings that were pending in a court
14 immediately before commencement day.
15 (14) The amendments made by the Family Court Amendment
16 (Commonwealth Reforms) Act 2024 sections 65, 68, 77
17 and 79(a) do not affect the validity of any orders that were
18 made before commencement day under the rules (to the
19 extent the rules relate to vexatious proceedings).
20 (15) The amendments made by the Family Court Amendment
21 (Commonwealth Reforms) Act 2024 sections 68 and 74(1)
22 apply in relation to the following proceedings --
23 (a) proceedings instituted on or after commencement
24 day;
25 (b) proceedings instituted before, and not finally
26 determined by, commencement day.
27 (16) Part 11A of this Act, as inserted by the Family Court
28 Amendment (Commonwealth Reforms) Act 2024 section 73,
29 applies in relation to acts or omissions occurring on or after
30 commencement day.
31 (17) The amendments made by the Family Court Amendment
32 (Commonwealth Reforms) Act 2024 section 74(2) and (3)
33 apply in relation to persons who become case guardians in
34 proceedings on or after commencement day, whether the
35 proceedings were instituted before, on or after that day.
page 118
Family Court Amendment (Commonwealth Reforms) Bill 2024
Family Court Act 1997 amended Part 2
s. 82
1 (18) The amendments made by the Family Court Amendment
2 (Commonwealth Reforms) Act 2024 section 76 apply in
3 relation to offers made before, on or after commencement
4 day.
5 (19) The repeal of section 242 by the Family Court Amendment
6 (Commonwealth Reforms) Act 2024 section 77 --
7 (a) applies to proceedings instituted before, on or after
8 commencement day; but
9 (b) does not affect any action taken under that section
10 before commencement day.
11 (20) Regulations that were in force for the purposes of
12 section 243(8)(aa) of the old Act continue in force on and
13 after commencement day as if they were regulations in force
14 for the purposes of section 236D(2)(c).
15 (21) Sections 243A and 243B, as inserted by the Family Court
16 Amendment (Commonwealth Reforms) Act 2024 section 78,
17 apply in relation to arrests --
18 (a) authorised by this Act on or after commencement
19 day; and
20 (b) authorised by warrants issued on or after
21 commencement day.
22 (22) The Governor may make regulations prescribing matters of
23 a transitional nature (including prescribing any saving or
24 application provisions) relating to the amendments or
25 repeals made by any or all of the following provisions of the
26 Family Court Amendment (Commonwealth Reforms)
27 Act 2024 --
28 (a) section 5(1), in so far as that subsection deletes the
29 definitions of community service order,
30 contravened an order, order under this Act
31 affecting children, primary order and reasonable
32 excuse for contravening;
33 (b) section 5(2), in so far as that subsection inserts
34 definitions of child-related order, contravene and
35 reasonable excuse;
page 119
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 2 Family Court Act 1997 amended
s. 82
1 (c) section 5(3), 5(4), 18, 35, 36, 63, 69, 71, 72, 74(1)
2 or 79(b).
3 (23) To avoid doubt, the regulations made under subclause (22)
4 cannot do the following --
5 (a) create an offence or civil penalty;
6 (b) provide powers of --
7 (i) arrest or detention; or
8 (ii) entry, search or seizure;
9 (c) impose a tax;
10 (d) directly amend the text of the Family Court
11 Amendment (Commonwealth Reforms) Act 2024 or
12 this Act.
13
14 Note: The headings to the sections listed in the Table are to read as set out in
15 the Table.
16 Table
Section Section heading
s. 33A Engagement of consultants and other persons
s. 34 Director of Court Counselling has functions of
family consultants -- FCFCAA s. 278
s. 34A Director of Court Counselling may delegate
powers and functions that relate to family
consultants -- FCFCAA s. 279
s. 34B Director of Court Counselling may give
directions that relate to family services
functions -- FCFCAA s. 280
s. 34C Director of Court Counselling may authorise
officer or staff member to act as family
counsellor or family dispute resolution
practitioner -- FCFCAA s. 281
s. 34D Director of Court Counselling may engage
persons to perform family counselling
services or family dispute resolution services
s. 46A Change of venue -- FCFCAA s. 65
page 120
Family Court Amendment (Commonwealth Reforms) Bill 2024
Other Acts amended Part 3
s. 83
1 Part 3 -- Other Acts amended
2 83. Adoption Act 1994 amended
3 (1) This section amends the Adoption Act 1994.
4 (2) Delete section 124(2)(b) and insert:
5
6 (b) a communication to a person or body that,
7 under the Family Court Act 1997
8 section 236D(1), is not a communication to the
9 public for the purposes of sections 236B(1)(a)
10 and 236C(1) of that Act; or
11 (c) a communication that, under the Family Court
12 Act 1997 section 236D(2), is not a
13 communication to the public.
14
15 (3) After section 124(2) insert:
16
17 (2A) In subsection (2) --
18 communicate has the meaning given in the Family
19 Court Act 1997 section 236A(1).
20
21 84. Surrogacy Act 2008 amended
22 (1) This section amends the Surrogacy Act 2008.
23 (2) In section 42(1) in the Table delete "s. 243".
24 (3) After section 42(1) insert:
25
26 (1A) The Family Court Act 1997 applies as if --
27 (a) the reference in section 236B(1)(a) of that Act
28 to proceedings under that Act referred also to
29 proceedings or a part of proceedings in which
page 121
Family Court Amendment (Commonwealth Reforms) Bill 2024
Part 3 Other Acts amended
s. 84
1 the court exercises jurisdiction conferred on it
2 by this Act; and
3 (b) the reference in section 236C(1) of that Act to
4 proceedings that are to be dealt with by the
5 court under that Act referred also to
6 proceedings or a part of proceedings that are to
7 be dealt with by the court in the exercise of
8 jurisdiction conferred on it by this Act.
9
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