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Western Australia
Family Court Amendment (Family Violence and
Other Measures) Bill 2013
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Act amended 2
Part 2 -- Amendments relating to
family violence
4. Section 5 amended 3
5. Section 6 amended 4
6. Section 9A inserted 4
9A. Meaning of "family violence" etc. -- FLA
s. 4AB 4
7. Section 37 amended 6
8. Section 66 amended 7
9. Part 5 Division 1 Subdivision 2 heading replaced 7
Subdivision 2 -- Best interests of the child:
court proceedings
10. Section 66C amended 7
11. Sections 66HA and 66HB inserted 8
66HA. Informing court of care arrangements
under child welfare laws -- FLA s. 60CH 8
66HB. Informing court of notifications to, and
investigations by, prescribed government
agencies -- FLA s. 60CI 9
12. Part 5 Division 1 Subdivision 3A inserted 11
Subdivision 3A -- Best interests of the child:
adviser's obligations
66HC. Adviser's obligations in relation to best
interests of child -- FLA s. 60D 11
13. Section 66J deleted 12
14--1 page i
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Contents
14. Section 78A amended 12
15. Section 133 amended 12
16. Part 5 Division 8 Subdivision 4 heading replaced 12
Subdivision 4 -- Allegations of child abuse and
family violence
17. Section 159 amended 13
18. Sections 162A and 162B inserted 14
162A. Where interested person makes allegation
of family violence -- FLA s. 67ZBA 14
162B. Court to take prompt action in relation to
allegations of child abuse or family
violence -- FLA s. 67ZBB 15
19. Section 202B amended 17
20. Section 202E amended 17
21. Section 237 amended 17
22. Section 237A deleted 18
Part 3 -- Other amendments
23. Section 65 amended 19
24. Section 65A amended 19
25. Section 73 amended 20
26. Section 84 amended 20
27. Section 113 amended 21
28. Section 202I deleted 21
29. Section 205F amended 21
30. Section 205O amended 21
31. Section 205QA inserted 22
205QA. Procedure for enforcing bonds -- FLA
s. 70NECA 22
32. Section 211B replaced 23
211B. Appeal may be dismissed if no reasonable
prospect of success 23
33. Sections 214B and 214C inserted 24
214B. Oaths and affirmations 24
214C. Swearing of affidavits etc. 25
34. Section 244 amended 26
Part 4 -- Transitional provisions
35. Section 247 replaced 27
247. Transitional and savings 27
page ii
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Contents
36. Schedule 2 Division 1 heading inserted 27
Division 1 -- Provisions for repeal of Family Court
Act 1975
37. Schedule 2 clause 1 amended 27
38. Schedule 2 clause 2 amended 27
39. Schedule 2 Division 2 inserted 28
Division 2 -- Provisions for Family Court
Amendment (Family Violence and Other
Measures) Act 2013
11. Application of amendments relating to
family violence 28
12. Application of other amendments 28
page iii
Western Australia
LEGISLATIVE COUNCIL
Family Court Amendment (Family Violence and
Other Measures) Bill 2013
A Bill for
An Act to amend the Family Court Act 1997.
The Parliament of Western Australia enacts as follows:
page 1
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Family Court Amendment (Family Violence and
4 Other Measures) Act 2013.
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 the day after that day.
10 3. Act amended
11 This Act amends the Family Court Act 1997.
page 2
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Amendments relating to family violence Part 2
s. 4
1 Part 2 -- Amendments relating to family violence
2 4. Section 5 amended
3 (1) In section 5(1) delete the definitions of:
4 abuse
5 family violence
6 member of the family
7 (2) In section 5(1) insert in alphabetical order:
8
9 (FLA s. 4(1))
10 abuse, in relation to a child, means --
11 (a) an assault, including a sexual assault, of the
12 child; or
13 (b) a person (the first person) involving the child
14 in a sexual activity with the first person or
15 another person in which the child is used,
16 directly or indirectly, as a sexual object by the
17 first person or the other person, and where there
18 is unequal power in the relationship between
19 the child and the first person; or
20 (c) causing the child to suffer serious
21 psychological harm, including (but not limited
22 to) when that harm is caused by the child being
23 subjected to, or exposed to, family violence; or
24 (d) serious neglect of the child;
25 (FLA s. 4(1))
26 exposed to family violence, in relation to a child, has
27 the meaning given in section 9A(3);
28 (FLA s. 4(1))
29 family violence has the meaning given in
30 section 9A(1);
page 3
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Part 2 Amendments relating to family violence
s. 5
1 (FLA s. 4(1))
2 member of the family has the meaning given in
3 section 6;
4
5 5. Section 6 amended
6 In section 6:
7 (a) delete paragraph (a) and insert:
8
9 (a) the definition of step-parent in section 5(1);
10 and
11 (ba) section 9A; and
12
13 (b) delete paragraph (c) and insert:
14
15 (c) sections 66F, 66HA and 66HB,
16
17 6. Section 9A inserted
18 At the end of Part 1 insert:
19
20 9A. Meaning of "family violence" etc. -- FLA s. 4AB
21 (1) For the purposes of this Act, family violence means
22 violent, threatening or other behaviour by a person that
23 coerces or controls a member of the person's family
24 (the family member), or causes the family member to
25 be fearful.
26 (2) Examples of behaviour that may constitute family
27 violence include (but are not limited to) --
28 (a) an assault; or
29 (b) a sexual assault or other sexually abusive
30 behaviour; or
page 4
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Amendments relating to family violence Part 2
s. 6
1 (c) stalking; or
2 (d) repeated derogatory taunts; or
3 (e) intentionally damaging or destroying property;
4 or
5 (f) intentionally causing death or injury to an
6 animal; or
7 (g) unreasonably denying the family member the
8 financial autonomy that he or she would
9 otherwise have had; or
10 (h) unreasonably withholding financial support
11 needed to meet the reasonable living expenses
12 of the family member, or his or her child, at a
13 time when the family member is entirely or
14 predominantly dependent on the person for
15 financial support; or
16 (i) preventing the family member from making or
17 keeping connections with his or her family,
18 friends or culture; or
19 (j) unlawfully depriving the family member, or
20 any member of the family member's family, of
21 his or her liberty.
22 (3) For the purposes of this Act, a child is exposed to
23 family violence if the child sees or hears family
24 violence or otherwise experiences the effects of family
25 violence.
26 (4) Examples of situations that may constitute a child
27 being exposed to family violence include (but are not
28 limited to) the child --
29 (a) overhearing threats of death or personal injury
30 by a member of the child's family towards
31 another member of the child's family; or
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Family Court Amendment (Family Violence and Other Measures) Bill 2013
Part 2 Amendments relating to family violence
s. 7
1 (b) seeing or hearing an assault of a member of the
2 child's family by another member of the child's
3 family; or
4 (c) comforting or providing assistance to a member
5 of the child's family who has been assaulted by
6 another member of the child's family; or
7 (d) cleaning up a site after a member of the child's
8 family has intentionally damaged property of
9 another member of the child's family; or
10 (e) being present when police or ambulance
11 officers attend an incident involving the assault
12 of a member of the child's family by another
13 member of the child's family.
14
15 7. Section 37 amended
16 (1) In section 37(1)(d) delete "safety" and insert:
17
18 protection
19
20 (2) In section 37:
21 (a) after each of subsection (1)(a) to (c) insert:
22
23 and
24
25 (b) after subsection (2)(a) insert:
26
27 or
28
page 6
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Amendments relating to family violence Part 2
s. 8
1 8. Section 66 amended
2 After section 66(3) insert:
3
4 (4) An additional object of this Part is to give effect to the
5 Convention on the Rights of the Child done at New
6 York on 20 November 1989 as ratified by Australia at
7 17 December 1990.
8
9 9. Part 5 Division 1 Subdivision 2 heading replaced
10 Delete the heading to Part 5 Division 1 Subdivision 2 and insert:
11
12 Subdivision 2 -- Best interests of the child:
13 court proceedings
14
15 10. Section 66C amended
16 (1) After section 66C(2) insert:
17
18 (3A) In applying the considerations set out in subsection (2),
19 the court is to give greater weight to the consideration
20 set out in subsection (2)(b).
21
22 (2) In section 66C(3):
23 (a) delete paragraph (c) and insert:
24
25 (c) the extent to which each of the child's parents
26 has taken, or failed to take, the opportunity --
27 (i) to participate in making decisions about
28 major long-term issues in relation to the
29 child; and
30 (ii) to spend time with the child; and
page 7
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Part 2 Amendments relating to family violence
s. 11
1 (iii) to communicate with the child;
2 and
3 (da) the extent to which each of the child's parents
4 has fulfilled, or failed to fulfil, the parent's
5 obligations to maintain the child; and
6
7 (b) delete paragraph (k) and insert:
8
9 (k) if a family violence order applies, or has
10 applied, to the child or a member of the child's
11 family -- any relevant inferences that can be
12 drawn from the order, taking into account the
13 following --
14 (i) the nature of the order;
15 (ii) the circumstances in which the order
16 was made;
17 (iii) any evidence admitted in proceedings
18 for the order;
19 (iv) any findings made by the court in, or in
20 proceedings for, the order;
21 (v) any other relevant matter;
22 and
23
24 (3) Delete section 66C(4) and (5).
25 11. Sections 66HA and 66HB inserted
26 At the end of Part 5 Division 1 Subdivision 2 insert:
27
28 66HA. Informing court of care arrangements under child
29 welfare laws -- FLA s. 60CH
30 (1) If a party to the proceedings is aware that the child, or
31 another child who is a member of the child's family, is
page 8
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Amendments relating to family violence Part 2
s. 11
1 under the care (however described) of a person under a
2 child welfare law, that party must inform the court of
3 the matter.
4 (2) If a person who is not a party to the proceedings is
5 aware that the child, or another child who is a member
6 of the child's family, is under the care (however
7 described) of a person under a child welfare law, that
8 person may inform the court of the matter.
9 (3) Failure to inform the court of the matter does not affect
10 the validity of any order made by the court.
11 (4) However, subsection (3) does not limit the operation of
12 section 202.
13 66HB. Informing court of notifications to, and
14 investigations by, prescribed government
15 agencies -- FLA s. 60CI
16 (1) In this section --
17 prescribed government agency means an agency that is
18 a prescribed government agency for the purposes of
19 section 202K.
20 (2) If --
21 (a) a party to the proceedings is aware that the
22 child, or another child who is a member of the
23 child's family, is or has been the subject of --
24 (i) a notification or report (however
25 described) to a prescribed government
26 agency; or
27 (ii) an investigation, inquiry or assessment
28 (however described) by a prescribed
29 government agency;
30 and
page 9
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Part 2 Amendments relating to family violence
s. 11
1 (b) the notification, report, investigation, inquiry or
2 assessment relates to abuse, or an allegation,
3 suspicion or risk of abuse,
4 that party must inform the court of the matter.
5 (3) If --
6 (a) a person who is not a party to the proceedings
7 is aware that the child, or another child who is a
8 member of the child's family, is or has been the
9 subject of --
10 (i) a notification or report (however
11 described) to a prescribed government
12 agency; or
13 (ii) an investigation, inquiry or assessment
14 (however described) by a prescribed
15 government agency;
16 and
17 (b) the notification, report, investigation, inquiry or
18 assessment relates to abuse, or an allegation,
19 suspicion or risk of abuse,
20 that person may inform the court of the matter.
21 (4) Failure to inform the court of the matter does not affect
22 the validity of any order made by the court.
23
page 10
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Amendments relating to family violence Part 2
s. 12
1 12. Part 5 Division 1 Subdivision 3A inserted
2 Before Part 5 Division 1 Subdivision 3 insert:
3
4 Subdivision 3A -- Best interests of the child:
5 adviser's obligations
6 66HC. Adviser's obligations in relation to best interests of
7 child -- FLA s. 60D
8 (1) In this section --
9 adviser means a person who is --
10 (a) a legal practitioner; or
11 (b) a family counsellor; or
12 (c) a family dispute resolution practitioner; or
13 (d) a family consultant.
14 (2) If an adviser gives advice or assistance to a person
15 about matters concerning a child and this Part, the
16 adviser must --
17 (a) inform the person that the person should regard
18 the best interests of the child as the paramount
19 consideration; and
20 (b) encourage the person to act on the basis that the
21 child's bests interests are best met --
22 (i) by the child having a meaningful
23 relationship with both of the child's
24 parents; and
25 (ii) by the child being protected from
26 physical or psychological harm from
27 being subjected to, or exposed to, abuse,
28 neglect or family violence; and
29 (iii) in applying the considerations set out in
30 subparagraphs (i) and (ii) -- by giving
page 11
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Part 2 Amendments relating to family violence
s. 13
1 greater weight to the consideration set
2 out in subparagraph (ii).
3
4 13. Section 66J deleted
5 Delete section 66J.
6 14. Section 78A amended
7 (1) Before section 78A(1) insert:
8
9 (1A) The obligations of an adviser under this section are in
10 addition to the adviser's obligations under
11 section 66HC.
12
13 (2) Delete section 78A(2)(c).
14 15. Section 133 amended
15 (1) In section 133(c) after "child abuse" insert:
16
17 and family violence
18
19 (2) In section 133 after each of paragraphs (a) and (b) insert:
20
21 and
22
23 16. Part 5 Division 8 Subdivision 4 heading replaced
24 Delete the heading to Part 5 Division 8 Subdivision 4 and insert:
25
26 Subdivision 4 -- Allegations of child abuse and
27 family violence
28
page 12
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Amendments relating to family violence Part 2
s. 17
1 17. Section 159 amended
2 (1) Before section 159(1) insert:
3
4 (1A) In this section --
5 interested person, in proceedings under this Act,
6 means --
7 (a) a party to the proceedings; or
8 (b) an independent children's lawyer who
9 represents the interests of a child in the
10 proceedings; or
11 (c) any other person prescribed by the regulations
12 for the purposes of this paragraph;
13 prescribed form means the form approved by the Chief
14 Judge of the Court for the purposes of this section.
15
16 (2) In section 159(1):
17 (a) delete "a party to" and insert:
18
19 an interested person in
20
21 (b) delete "the party" and insert:
22
23 the interested person
24
25 Note: The heading to amended section 159 is to read:
26 Where interested person in proceedings makes allegation of child
27 abuse -- FLA s. 67Z
page 13
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Part 2 Amendments relating to family violence
s. 18
1 18. Sections 162A and 162B inserted
2 At the end of Part 5 Division 8 Subdivision 4 insert:
3
4 162A. Where interested person makes allegation of family
5 violence -- FLA s. 67ZBA
6 (1) In this section --
7 interested person, in proceedings for an order under
8 this Part in relation to a child, means --
9 (a) a party to the proceedings; or
10 (b) an independent children's lawyer who
11 represents the interests of the child in the
12 proceedings; or
13 (c) any other person prescribed by the regulations
14 for the purposes of this paragraph;
15 prescribed form means the form approved by the Chief
16 Judge of the Court for the purposes of this section.
17 (2) This section applies if an interested person in
18 proceedings for an order under this Part in relation to a
19 child alleges, as a consideration that is relevant to
20 whether the court should make or refuse to make the
21 order, that --
22 (a) there has been family violence by one of the
23 parties to the proceedings; or
24 (b) there is a risk of family violence by one of the
25 parties to the proceedings.
26 (3) The interested person must file a notice in the
27 prescribed form in the court hearing the proceedings,
28 and serve a true copy of the notice upon the party
29 referred to in subsection (2)(a) or (b).
page 14
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Amendments relating to family violence Part 2
s. 18
1 (4) If the alleged family violence (or risk of family
2 violence) is abuse of a child (or a risk of abuse of a
3 child) --
4 (a) the interested person making the allegation
5 must either file and serve a notice under
6 subsection (3) or under section 159(1) (but does
7 not have to file and serve a notice under both
8 those provisions); and
9 (b) if the notice is filed under subsection (3), the
10 registrar must deal with the notice as if it had
11 been filed under section 159(1).
12 162B. Court to take prompt action in relation to
13 allegations of child abuse or family violence -- FLA
14 s. 67ZBB
15 (1) This section applies if --
16 (a) a notice is filed under section 159(1)
17 or 162A(3) in proceedings for an order under
18 this Part in relation to a child; and
19 (b) the notice alleges, as a consideration that is
20 relevant to whether the court should make or
21 refuse to make the order, that --
22 (i) there has been abuse of the child by one
23 of the parties to the proceedings; or
24 (ii) there would be a risk of abuse of the
25 child if there were to be a delay in the
26 proceedings; or
27 (iii) there has been family violence by one of
28 the parties to the proceedings; or
29 (iv) there is a risk of family violence by one
30 of the parties to the proceedings.
page 15
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Part 2 Amendments relating to family violence
s. 18
1 (2) The court must --
2 (a) consider what interim or procedural orders (if
3 any) should be made --
4 (i) to enable appropriate evidence about the
5 allegation to be obtained as
6 expeditiously as possible; and
7 (ii) to protect the child or any of the parties
8 to the proceedings;
9 and
10 (b) make such orders of that kind as the court
11 considers appropriate; and
12 (c) deal with the issues raised by the allegation as
13 expeditiously as possible.
14 (3) The court must take the action required by
15 subsection (2)(a) and (b) --
16 (a) as soon as practicable after the notice is filed;
17 and
18 (b) if it is appropriate having regard to the
19 circumstances of the case -- within 8 weeks
20 after the notice is filed.
21 (4) Without limiting subsection (2)(a)(i), the court must
22 consider whether orders should be made under
23 section 202K to obtain documents or information from
24 prescribed government agencies in relation to the
25 allegation.
26 (5) Without limiting subsection (2)(a)(ii), the court must
27 consider whether orders should be made, or an
28 injunction granted, under section 235.
29 (6) A failure to comply with a provision of this section
30 does not affect the validity of any order made in the
31 proceedings for the order.
32
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Family Court Amendment (Family Violence and Other Measures) Bill 2013
Amendments relating to family violence Part 2
s. 19
1 19. Section 202B amended
2 Delete section 202B(6)(a) and insert:
3
4 (a) the child concerned from being subjected to, or
5 exposed to, abuse, neglect or family violence;
6 and
7
8 20. Section 202E amended
9 Before section 202E(1)(a) insert:
10
11 (aa) ask each party to the proceedings --
12 (i) whether the party considers that the
13 child concerned has been, or is at risk of
14 being, subjected to, or exposed to,
15 abuse, neglect or family violence; and
16 (ii) whether the party considers that he or
17 she, or another party to the proceedings,
18 has been, or is at risk of being, subjected
19 to family violence;
20 and
21
22 21. Section 237 amended
23 (1) In section 237(1) delete "205SB, 237A" and insert:
24
25 205SB
26
27 (2) In section 237(2) delete "(5) and (6)" and insert:
28
29 (5), (6A) and (6)
30
page 17
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Part 2 Amendments relating to family violence
s. 22
1 (3) After section 237(5) insert:
2
3 (6A) If --
4 (a) under section 207, the CEO intervenes in
5 proceedings; and
6 (b) the CEO acts in good faith in relation to the
7 proceedings,
8 the court must not, because of the intervention, make
9 an order under subsection (2) of this section against the
10 CEO, the Department (as defined by the Children and
11 Community Services Act 2004 section 3) or the State.
12
13 (4) In section 237(3) after each of paragraphs (a) to (e) insert:
14
15 and
16
17 22. Section 237A deleted
18 Delete section 237A.
page 18
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Other amendments Part 3
s. 23
1 Part 3 -- Other amendments
2 23. Section 65 amended
3 Delete section 65(1) and insert:
4
5 (1) A court exercising jurisdiction in proceedings under
6 this Act may make either or both of the following kinds
7 of order --
8 (a) an order directing one or more parties to the
9 proceedings to attend an appointment (or a
10 series of appointments) with a family
11 consultant;
12 (b) an order directing one or more parties to the
13 proceedings to arrange for a child to attend an
14 appointment (or a series of appointments) with
15 a family consultant.
16
17 Note: The heading to amended section 65 is to read:
18 Court may order parties to attend, or arrange for child to attend,
19 appointments with family consultant -- FLA s. 11F
20 24. Section 65A amended
21 Delete section 65A(2) and insert:
22
23 (2A) If --
24 (a) a person fails to comply with an order under
25 section 65 that he or she arrange for a child to
26 attend an appointment with a family consultant;
27 or
28 (b) a child fails to attend an appointment with a
29 family consultant as arranged in compliance
30 with an order under section 65,
31 the consultant must report the failure to the court.
page 19
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Part 3 Other amendments
s. 25
1 (2) On receiving a report under subsection (1) or (2A), the
2 court may make any further orders it considers
3 appropriate.
4
5 25. Section 73 amended
6 (1) In section 73(5) delete "a party to proceedings, or the child,
7 attend" and insert:
8
9 one or more parties to the proceedings attend, or arrange for the
10 child to attend,
11
12 (2) Delete section 73(6) and insert:
13
14 (6) If --
15 (a) a person fails to comply with an order or
16 direction under subsection (5); or
17 (b) a child fails to attend an appointment with a
18 family consultant as arranged in compliance
19 with an order or direction under subsection (5),
20 the family consultant must report the failure to the
21 court.
22
23 26. Section 84 amended
24 After section 84(1) insert:
25
26 (1A) However, a declaration or order under Division 11
27 Subdivision 4 is not a parenting order.
28
page 20
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Other amendments Part 3
s. 27
1 27. Section 113 amended
2 (1) In section 113:
3 (a) in paragraph (e) delete "(Subdivision 6)." and insert:
4
5 (Subdivision 6); and
6
7 (b) after paragraph (e) insert:
8
9 (f) deals with the recovery of amounts paid under
10 maintenance orders (Subdivision 7).
11
12 (2) In section 113 after each of paragraphs (a) to (d) insert:
13
14 and
15
16 28. Section 202I deleted
17 Delete section 202I.
18 29. Section 205F amended
19 Before section 205F(3)(a) insert:
20
21 (aa) section 205O(1)(ea); or
22 (ab) section 205QA(3)(a); or
23
24 30. Section 205O amended
25 After section 205O(1)(d) insert:
26
27 (ea) if the person who committed the current
28 contravention fails, without reasonable excuse,
29 to enter into a bond as required by an order
page 21
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Part 3 Other amendments
s. 31
1 under paragraph (d), impose a fine not
2 exceeding $1 100 on the person;
3
4 31. Section 205QA inserted
5 After section 205P insert:
6
7 205QA. Procedure for enforcing bonds -- FLA s. 70NECA
8 (1) If a court has made an order under section 205O(1)(d)
9 requiring a person to enter into a bond in accordance
10 with section 205P, the following provisions have
11 effect.
12 (2) If the court (whether or not constituted by the judge or
13 magistrate who required the bond to be entered into in
14 accordance with section 205P) is satisfied that the
15 person has, without reasonable excuse, failed to
16 comply with the bond, the court may take action under
17 subsection (3).
18 (3) The court may --
19 (a) without prejudice to the continuance of the
20 bond entered into in accordance with
21 section 205P, impose a fine not exceeding
22 $1 100 on the person; or
23 (b) revoke the bond entered into in accordance with
24 section 205P and, subject to subsection (4), deal
25 with the person, for the contravention in respect
26 of which the bond was entered into, in any
27 manner in which the person could have been
28 dealt with for the contravention if --
29 (i) the bond had not been entered into; and
30 (ii) the person was before the court under
31 section 205O in respect of the
32 contravention.
page 22
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Other amendments Part 3
s. 32
1 (4) In dealing with the person as mentioned in
2 subsection (3)(b), the court must, in addition to any
3 other matters that it considers should be taken into
4 account, take into account --
5 (a) the fact that the bond was entered into; and
6 (b) anything done pursuant to the bond; and
7 (c) any fine imposed, and any other order made,
8 for or in respect of the contravention.
9
10 32. Section 211B replaced
11 Delete section 211B and insert:
12
13 211B. Appeal may be dismissed if no reasonable prospect
14 of success
15 (1) If --
16 (a) an appeal has been instituted in a court under
17 this Part; and
18 (b) having regard to the grounds of appeal as
19 disclosed in the notice of appeal, it appears to
20 the court that the appeal has no reasonable
21 prospect of success (whether generally or in
22 relation to a particular ground of appeal),
23 the court may, at any time, order that the proceedings
24 on the appeal be dismissed (either generally or in
25 relation to that ground).
26 (2) This section does not limit any powers that the court
27 has apart from this section.
28
page 23
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Part 3 Other amendments
s. 33
1 33. Sections 214B and 214C inserted
2 After section 214A insert:
3
4 214B. Oaths and affirmations
5 (1) The executive manager may, in writing, authorise --
6 (a) a registrar; or
7 (b) a member of the staff of the Court or the
8 Magistrates Court,
9 to administer oaths and affirmations for the purposes of
10 the Court and the Magistrates Court.
11 (2) The following persons are authorised to administer
12 oaths and affirmations for the purposes of the Court or
13 the Magistrates Court --
14 (a) a person who is authorised to administer oaths
15 and affirmations in that court under the Oaths,
16 Affidavits and Statutory Declarations Act 2005;
17 (b) a person authorised under subsection (1).
18 (3) This section does not limit the Oaths, Affidavits and
19 Statutory Declarations Act 2005.
20 (4) This section applies to the Magistrates Court
21 exercising --
22 (a) its federal jurisdiction under section 38; or
23 (b) its non-federal jurisdictions under section 39; or
24 (c) any other jurisdiction under a law of the
25 Commonwealth, where that law confers
26 jurisdiction on both the Court and the
27 Magistrates Court.
page 24
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Other amendments Part 3
s. 33
1 214C. Swearing of affidavits etc.
2 (1) An affidavit to be used in a proceeding in the Court or
3 the Magistrates Court may be sworn or affirmed in
4 Australia before --
5 (a) a person before whom that affidavit may be
6 sworn or affirmed under the Oaths, Affidavits
7 and Statutory Declarations Act 2005; or
8 (b) a person authorised under section 214B(1); or
9 (c) a person to whom the Family Law Act
10 section 98AB(1) applies.
11 (2) An affidavit to be used in a proceeding in the Court or
12 the Magistrates Court may be sworn or affirmed
13 outside Australia before --
14 (a) a person before whom that affidavit may be
15 sworn or affirmed under the Oaths, Affidavits
16 and Statutory Declarations Act 2005; or
17 (b) a person to whom the Family Law Act
18 section 98AB(2) applies.
19 (3) This section does not limit the Oaths, Affidavits and
20 Statutory Declarations Act 2005.
21 (4) This section applies to the Magistrates Court
22 exercising --
23 (a) its federal jurisdiction under section 38; or
24 (b) its non-federal jurisdictions under section 39; or
25 (c) any other jurisdiction under a law of the
26 Commonwealth, where that law confers
27 jurisdiction on both the Court and the
28 Magistrates Court.
29
page 25
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Part 3 Other amendments
s. 34
1 34. Section 244 amended
2 (1) After section 244(3)(d) insert:
3
4 (ea) proceedings transferred to the Court under the
5 Bankruptcy Act 1966 (Commonwealth)
6 sections 35A and 35B; and
7
8 (2) After section 244(1)(a) insert:
9
10 and
11
page 26
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Transitional provisions Part 4
s. 35
1 Part 4 -- Transitional provisions
2 35. Section 247 replaced
3 Delete section 247 and insert:
4
5 247. Transitional and savings
6 (1) Schedule 2 Division 1 has effect in relation to the
7 repeal effected by section 246.
8 (2) Schedule 2 Division 2 has effect in relation to the
9 amendments made by the Family Court Amendment
10 (Family Violence and Other Measures) Act 2013.
11
12 36. Schedule 2 Division 1 heading inserted
13 Before Schedule 2 clause 1 insert:
14
15 Division 1 -- Provisions for repeal of Family Court Act 1975
16
17 37. Schedule 2 clause 1 amended
18 In Schedule 2 clause 1 delete "Schedule," and insert:
19
20 Division,
21
22 38. Schedule 2 clause 2 amended
23 In Schedule 2 clause 2 delete "Schedule" and insert:
24
25 Division
26
page 27
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Part 4 Transitional provisions
s. 39
1 39. Schedule 2 Division 2 inserted
2 At the end of Schedule 2 insert:
3
4 Division 2 -- Provisions for Family Court Amendment
5 (Family Violence and Other Measures) Act 2013
6 11. Application of amendments relating to family violence
7 (1) In this clause --
8 commencement means the commencement of the Family
9 Court Amendment (Family Violence and Other Measures)
10 Act 2013 Part 2;
11 old Act means this Act as in force immediately before
12 commencement.
13 (2) The amendments made by the Family Court Amendment
14 (Family Violence and Other Measures) Act 2013 sections 4
15 to 8, 10, 11 and 17 to 22 apply in relation to proceedings
16 instituted at or after commencement.
17 (3) The amendments made by the Family Court Amendment
18 (Family Violence and Other Measures) Act 2013 Part 2 do
19 not affect an order made under the old Act or a certificate
20 given under section 66H(7) of the old Act.
21 (4) The amendments made by the Family Court Amendment
22 (Family Violence and Other Measures) Act 2013 Part 2 are
23 taken not to constitute changed circumstances that would
24 justify the making of an order to discharge or vary, or to
25 suspend or revive the operation of, some or all of a
26 parenting order that was made before commencement.
27 12. Application of other amendments
28 (1) In this clause --
29 commencement means the commencement of the Family
30 Court Amendment (Family Violence and Other Measures)
31 Act 2013 Part 3;
page 28
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Transitional provisions Part 4
s. 39
1 old Act means this Act as in force immediately before
2 commencement.
3 (2) An order or direction under section 65(1) or 73(5) of the old
4 Act, or an application for such an order or direction, has
5 effect after commencement as if it were an order or
6 direction, or an application for an order or direction, under
7 that section as in force after commencement.
8 (3) The amendment made by the Family Court Amendment
9 (Family Violence and Other Measures) Act 2013 section 26
10 applies in relation to orders under Part 5 Division 11
11 Subdivision 4, whether made before, at or after
12 commencement.
13 (4) The amendment made by the Family Court Amendment
14 (Family Violence and Other Measures) Act 2013 section 28
15 applies in relation to a court, after commencement, taking an
16 opinion expressed by a family consultant into account,
17 whether that opinion was expressed before, at or after
18 commencement.
19 (5) The amendment made by the Family Court Amendment
20 (Family Violence and Other Measures) Act 2013 section 30
21 applies in relation to orders requiring persons to enter into
22 bonds, whether made before, at or after commencement.
23 (6) The amendment made by the Family Court Amendment
24 (Family Violence and Other Measures) Act 2013 section 31
25 applies in relation to bonds entered into whether before, at
26 or after commencement.
27 (7) Subject to subclause (8), the amendment made by the
28 Family Court Amendment (Family Violence and Other
29 Measures) Act 2013 section 32 applies in relation to appeals
30 whether instituted before, at or after commencement.
31 (8) The amendment made by the Family Court Amendment
32 (Family Violence and Other Measures) Act 2013 section 32
33 does not affect the dismissal or stay of proceedings on an
34 appeal before commencement.
page 29
Family Court Amendment (Family Violence and Other Measures) Bill 2013
Part 4 Transitional provisions
s. 39
1 (9) The amendment made by the Family Court Amendment
2 (Family Violence and Other Measures) Act 2013 section 34
3 applies in relation to proceedings transferred to the Court
4 whether before, at or after commencement.
5
6
7
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