Western Australian Current Acts Western Australian Current Acts (1) In this Act,
unless the contrary intention appears —
(FLA s. 4(1))
Aboriginal child means a child who is a descendant
of the Aboriginal people of Australia;
(FLA s. 4(1))
Aboriginal or Torres Strait Islander culture , in
relation to a child —
(a)
means the culture of the Aboriginal or Torres Strait Islander community or
communities to which the child belongs; and
(b)
includes Aboriginal or Torres Strait Islander lifestyle and traditions of that
community or communities;
(FLA s. 4(1))
abuse , in relation to a child, means —
(a) an
assault, including a sexual assault, of the child; or
(b) a
person (the first person ) involving the child in a sexual activity with the
first person or another person in which the child is used, directly or
indirectly, as a sexual object by the first person or the other person, and
where there is unequal power in the relationship between the child and the
first person; or
(c)
causing the child to suffer serious psychological harm, including (but not
limited to) when that harm is caused by the child being subjected to, or
exposed to, family violence; or
(d)
serious neglect of the child;
(FLA s. 4(1))
adopted in relation to a child, means adopted
under the law of any place (whether in or out of Australia) relating to the
adoption of children;
(FLA s. 4(1))
alleged contravention in Part 5 Division 6
Subdivision 4, means the alleged contravention because of which the alleged
offender is arrested;
(FLA s. 4(1))
alleged offender in Part 5 Division 6 Subdivision
4, means the person who is arrested;
(FLA s. 4(1))
application for a confiscation declaration means
any of the following —
(a) an
application under section 30 of the Criminal Property Confiscation Act 2000 ,
for a declaration that property has been confiscated;
(b) an
application under section 27 of the Criminal Property Confiscation Act 2000 ,
for a confiscable property declaration;
(c) an
application under section 32A(1) of the Misuse of Drugs Act 1981 that a
person be declared a drug trafficker;
(FLA s. 4(1))
arbitration has the meaning given by section 56;
(FLA s. 4(1))
arbitrator has the meaning given by section 57;
(FLA s. 4(1))
arresting person means the person who arrests the
alleged offender;
(FLA s. 4(1))
audio link means facilities (for example,
telephone facilities) that enable audio communication between persons in
different places;
bankrupt has the same meaning as in the
Family Law Act ;
Bankruptcy Act means the Bankruptcy Act 1966
(Commonwealth);
(FLA s. 4(1))
bankruptcy trustee , in relation to a bankrupt,
means the trustee of the bankrupt’s estate;
(FLA s. 4(1))
birth includes stillbirth;
(FLA s. 4(1))
captain , in relation to an aircraft or vessel,
means the person in charge or command of the aircraft or vessel;
CEO means the CEO as defined in section 3 of the
Children and Community Services Act 2004 ;
Chief Judge means the judge appointed under
section 11(2) to be the Chief Judge of the Court;
(FLA s. 4(1))
child —
(a) in
Part 5, includes an adopted child, a child whose parentage has been
transferred under the Surrogacy Act 2008 and a stillborn child; and
(b) in
Part 5 Division 6 Subdivision 5, means a person who has not attained the age
of 18 years (including a person who is an adopted child or a child whose
parentage has been transferred under the Surrogacy Act 2008 );
child bearing expenses means a matter in respect
of which a payment may be ordered to be made under Subdivision 2 of Division 8
of Part 5;
(FLA s. 4(1))
childbirth maintenance period , in relation to the
birth of a child, means the period that begins on the day mentioned in
paragraph (a) or (b) and ends 3 months after the child’s birth —
(a) if
the mother —
(i)
works in paid employment; and
(ii)
is advised by a medical practitioner to stop working for
medical reasons related to her pregnancy; and
(iii)
stops working after being so advised and more than 2
months before the child is due to be born,
the period begins on
the day on which she stops working; or
(b) in
any other case, the period begins on the day that is 2 months before the child
is due to be born;
(FLA s. 4(1))
child maintenance order has the meaning given by
section 84(5);
(FLA s. 4(1))
child maintenance provisions , in relation to a
parenting plan, has the meaning given by section 76(5);
(FLA s. 4(1))
child-related proceedings has the meaning given by
section 202A;
Child Support (Assessment) Act means the
Child Support (Assessment) Act 1989 (Commonwealth);
Note for this definition:
See the
Child Support (Commonwealth Powers) Act 2019 .
Child Support (Registration and Collection) Act
means the Child Support (Registration and Collection) Act 1988 (Commonwealth);
Note for this definition:
See the
Child Support (Commonwealth Powers) Act 2019 .
(FLA s. 4(1))
child welfare law means this Act, the Adoption
Act 1994 , the Children and Community Services Act 2004 , the
Young Offenders Act 1994 and any other written law providing for —
(a) the
imprisonment, detention or residence of a child; or
(b) the
care, treatment and protection of a child who has a mental illness;
(FLA s. 4(1))
child welfare officer in relation to a State or
Territory, means —
(a) a
person who, because he or she holds, or performs the duties of, a prescribed
office of the State or Territory, has responsibilities in relation to a child
welfare law of the State or Territory; or
(b) a
person authorised in writing by such a person for the purposes of Part 5;
(FLA s. 4(1))
child welfare provisions , in relation to a
parenting plan, has the meaning given by section 76(4);
Commissioner of Police means the Commissioner of
Police appointed under section 5 of the Police Act 1892 ;
(FLA s. 4(1))
community service order has the meaning given by
section 205SC;
(FLA s. 4(1))
confiscation declaration means any of the
following —
(a) a
declaration under section 30 of the Criminal Property Confiscation Act 2000
that property has been confiscated;
(b) a
confiscable property declaration under section 27 of the
Criminal Property Confiscation Act 2000 ;
(c) a
declaration under section 32A(1) of the Misuse of Drugs Act 1981 that a
person is a drug trafficker;
(FLA s. 4(1))
contravened an order , in Part 5 Division 13, has
the meaning given by section 205C;
Court or Family Court of Western Australia means
the Family Court of Western Australia continued by this Act;
court has a meaning affected by section 8;
(FLA s. 4(1))
criminal confiscation order means any of the
following —
(a) a
confiscation declaration;
(b) a
freezing order, within the meaning of the Criminal Property Confiscation Act
2000 ;
(c) a
freezing notice, within the meaning of the Criminal Property Confiscation Act
2000 ;
(FLA s. 4(1))
debtor subject to a personal insolvency agreement
has the meaning given in section 7B;
(FLA s. 4(1))
department means a department of the Public
Service;
Director of Court Counselling means the Director
of Court Counselling appointed under section 25(1)(d);
(FLA s. 4(1))
DPP means the Director of Public Prosecutions
appointed under the Director of Public Prosecutions Act 1991 ;
(FLA s. 4(1))
education includes apprenticeship or vocational
training;
(FLA s. 4(1))
exposed to family violence, in relation to a
child, has the meaning given in section 9A(3);
(FLA s. 4(1))
family consultant has the meaning given by
section 61;
(FLA s. 4(1))
family counselling has the meaning given by
section 47;
(FLA s. 4(1))
family counsellor has the meaning given by
section 48;
Family Court of Australia means the Family Court
of Australia created by the Family Law Act;
(FLA s. 4(1))
family dispute resolution has the meaning given by
section 51;
(FLA s. 4(1))
family dispute resolution practitioner has the
meaning given by section 52;
Family Law Act means the Family Law Act 1975 of
the Commonwealth and includes rules, regulations and proclamations for the
time being in force under that Act;
family law magistrate means a person who is both a
magistrate appointed under the Magistrates Court Act 2004 and either the
Principal Registrar or a registrar of the Family Court of Western Australia;
(FLA s. 4(1))
family violence has the meaning given in
section 9A(1);
(FLA s. 4(1))
family violence order means an order (including an
interim order) made under a law of a State or a Territory to protect a person
from family violence;
income tested pension, allowance or benefit has
the meaning given by the Family Law Act;
(FLA s. 4(1))
independent children’s lawyer , for a child,
means a legal practitioner who represents the child’s interests in
proceedings under an appointment made under a court order under
section 164(2);
(FLA s. 4(1))
information about a child’s location , in
the context of a location order made or to be made by a court in relation to a
child, means information about —
(a)
where the child is; or
(b)
where a person who the court has reasonable cause to believe has the child is;
(FLA s. 4(1))
interests in relation to a child, includes matters
related to the care, welfare or development of the child;
judge or Family Court judge means a judge of the
Court;
(FLA s. 4(1))
location order has the meaning given by
section 143(1);
(FLA s. 4(1))
made in favour , in relation to a parenting order
(other than a child maintenance order), has the meaning given by
section 84(6);
(FLA s. 4(1))
major long-term issues has the meaning given by
section 7A;
(FLA s. 4(1))
medical expenses includes medical, surgical,
dental, diagnostic, hospital, nursing, pharmaceutical and physiotherapy
expenses;
(FLA s. 4(1))
medical practitioner means a person registered or
licensed as a medical practitioner under a law of a State or a Territory that
provides for the registration or licensing of medical practitioners and who
has current entitlement to practise in that State or Territory;
(FLA s. 4(1))
member of the family has the meaning given in
section 6;
metropolitan region has the meaning given to that
term in the Planning and Development Act 2005 section 4;
order means an order of a court and includes a
judgment and an order dismissing an application or refusing to make an order;
(FLA s. 4(1))
order under this Act affecting children , in
relation to a court, means —
(a) a
parenting order; or
(b) an
injunction granted by a court —
(i)
under section 235; or
(ii)
under section 235A insofar as the injunction is for the
protection of a child;
or
(c) an
undertaking given to, and accepted by, the court —
(i)
that relates to, or to the making of, an order or
injunction referred to in paragraph (a) or (b) or a community service order
referred to in paragraph (f); or
(ii)
that relates to a bond referred to in paragraph (g);
or
(d) a
subpoena issued under the rules of Court —
(i)
that relates to, or to the making of, an order or
injunction referred to in paragraph (a) or (b) or a community service order
referred to in paragraph (f); or
(ii)
that relates to a bond referred to in paragraph (g),
being a subpoena
issued to a party to the proceedings for the order, injunction or bond, as the
case may be; or
(e) a
registered parenting plan within the meaning of section 76(6); or
(f) a
community service order made under section 205SB(2)(a); or
(g) a
bond entered into —
(i)
under a parenting order; or
(ii)
under section 205SB(2)(b); or
(iii)
for the purposes of section 205SG(6),
and includes an order,
injunction, plan or bond that —
(iv)
is an order under this Act affecting children made by
another court because of paragraph (a), (b), (e) or (g); and
(v)
has been registered in the first-mentioned court;
(FLA s. 4(1))
parent , when used in Part 5 in relation to a
child who has been adopted, means an adoptive parent of the child;
(FLA s. 4(1))
parentage testing order has the meaning given by
section 195(1);
(FLA s. 4(1))
parentage testing procedure means a medical
procedure prescribed, or included in a class of medical procedures prescribed,
for the purposes of this definition;
(FLA s. 4(1))
parental responsibility , in Part 5, has the
meaning given by section 68;
(FLA s. 4(1))
parenting order has the meaning given by
section 84(1);
(FLA s. 4(1))
parenting plan has the meaning given by
section 76;
(FLA s. 4(1))
Part 5 Order means an order made under Part 5;
(FLA s. 4(1))
Part 5A proceedings means proceedings under Part
5A for orders with respect to the maintenance of a de facto partner or to the
property of de facto partners, but does not include any proceedings specified
in the regulations for the purposes of this definition;
(FLA s. 4(1))
pending , in Part 5 Division 6 Subdivision 5, has
a meaning affected by section 106(2);
(FLA s. 4(1))
personal insolvency agreement has the meaning
given in the Bankruptcy Act section 5(1);
(FLA s. 4(1))
post-separation parenting program has the meaning
given by the Family Law Act;
(FLA s. 4(1))
primary order means an order under this Act
affecting children and includes such order as varied;
principal officer —
(a) in
relation to a department or an organisation within the meaning of the
Public Sector Management Act 1994 , means the chief executive officer or chief
employee (as those terms are defined in the Public Sector Management Act 1994
) of the department or organisation; and
(b) in
relation to any other State entity, means a person who is the chief executive
officer of the State entity;
proceedings means a proceeding in a court, whether
between parties or not, and includes cross-proceedings or an incidental
proceeding in the course of or in connection with a proceeding;
(FLA s. 4(1))
professional ethics includes —
(a)
rules of professional conduct; and
(b)
rules of professional etiquette; and
(c) a
code of ethics; and
(d)
standards of professional conduct;
(FLA s. 4(1))
property , in relation to de facto partners, or
either of them, means property to which those partners are, or that partner
is, as the case may be, entitled, whether in possession or reversion;
(FLA s. 4(1))
property settlement proceedings means proceedings
with respect to —
(a) the
property of de facto partners, or either of them; or
(b) the
vested bankruptcy property in relation to a bankrupt de facto partner;
(FLA s. 4(1))
reasonable excuse for contravening , in relation
to an order, includes the meanings given by section 205E;
(FLA s. 4(1))
recovery order has the meaning given by
section 149;
registered parenting plan has the meaning given by
section 76(6);
(FLA s. 4(1))
registrar means —
(a) in
relation to the Court, means the Principal Registrar, a deputy registrar or a
registrar; and
(b) in
relation to the Magistrates Court, means a registrar of that court at the
place where that court was held;
(FLA s. 4(1))
Registry Manager means —
(a) in
relation to the Family Court of Western Australia, the Principal Registrar of
that Court; and
(b) in
relation to a court other than the Family Court of Western Australia, the
principal officer of the court or any other appropriate officer of the court;
(FLA s. 4(1))
relative , of a child —
(a) in
Part 5, means —
(i)
a step-parent of the child; or
(ii)
a brother, sister, half-brother, half-sister,
step-brother or step-sister of the child; or
(iii)
a grandparent of the child; or
(iv)
an uncle or aunt of the child; or
(v)
a nephew or niece of the child; or
(vi)
a cousin of the child;
and
(b) in
section 6, has the meaning given by section 7;
(FLA s. 4(1))
relevant property or financial arbitration has the
meaning given by section 56(2);
(FLA s. 4(1))
section 65M arbitration has the meaning given by
section 56(2);
(FLA s. 4(1))
State child order means an order made under the
law of a State that —
(a)
however it is expressed, has the effect of determining the person or persons
with whom a child who is under 18 is to live, or that provides for a person or
persons to have custody of a child who is under 18; or
(b)
however it is expressed, has the effect of providing for a person or persons
to spend time with a child who is under 18; or
(c)
however it is expressed, has the effect of providing for contact between a
child who is under 18 and another person or persons, or that provides for a
person or persons to have access to a child who is under 18;
State entity means —
(a) a
department or an organisation within the meaning of the Public Sector
Management Act 1994 ; or
(b) a
body corporate, other than such an organisation or a local government,
established for a public purpose by a written law;
State information order has the meaning given by
section 143(2);
(FLA s. 4(1))
step-parent , in relation to a child, means a
person who —
(a) is
not a parent of the child; and
(b) is
or has been married to, or in a de facto relationship with, a parent of the
child; and
(c)
treats, or at any time during the marriage treated, the child as a member of
the family formed with the parent;
(FLA s. 4(1))
Torres Strait Islander child means a child who is
a descendant of the Indigenous inhabitants of the Torres Strait Islands;
(FLA s. 4(1))
trustee , in relation to a personal insolvency
agreement, has the same meaning as in the Bankruptcy Act;
(FLA s. 4(1))
vested bankruptcy property , in relation to a
bankrupt, means property, as defined in the Bankruptcy Act section 5(1), of
the bankrupt that has vested in the bankruptcy trustee under that Act;
(FLA s. 4(1))
video link means facilities (for example,
closed-circuit television facilities) that enable audio and visual
communication between persons in different places.
(2) A reference in
this Act to a person who has parental responsibility for a child is a
reference to a person who —
(a) has
some or all of that responsibility solely; or
(b)
shares some or all of that responsibility with another person.
(3) A reference in
this Act to a person who shares parental responsibility for a child with
another person is a reference to a person who shares some or all of the
parental responsibility for the child with that other person.
(4) A reference in
this Act to a person or people involved in proceedings is a reference to
—
(a) any
of the parties to the proceedings; and
(b) any
child whose interests are considered in, or affected by, the proceedings; and
(c) any
person whose conduct is having an effect on the proceedings.
[Section 5 amended: No. 25 of 2002 s. 4 and 29;
No. 28 of 2003 s. 50(1); No. 34 of 2004 Sch. 2 cl. 10(2); No. 59 of 2004
s. 91; No. 38 of 2005 s. 15; No. 35 of 2006 s. 4, 17, 42(1), 63, 80, 104, 108,
136, 144 and 170; No. 21 of 2008 s. 663(2); No. 47 of 2008 s. 59; No. 13 of
2013 s. 4; No. 7 of 2019 s. 8; No. 9 of 2022 s. 424; No. 28 of 2022 s. 4.]