Western Australian Current Acts Western Australian Current Acts[Section 247]
Division 1 — Provisions for repeal of Family Court Act 1975
[Heading inserted: No. 13 of 2013 s. 36.]
In this Division,
unless the contrary intention appears —
commencement day means the day on which
section 246 comes into operation;
repealed Act means the Family Court Act 1975
repealed by section 246.
[Clause 1 amended: No. 13 of 2013 s. 37.]
2 . Interpretation Act 1984 applies
This Division does not
limit the operation of the Interpretation Act 1984 .
[Clause 2 amended: No. 13 of 2013 s. 38.]
3 . Persons holding offices under, or employed or
engaged for purposes of, the repealed Act
(1) A person —
(a) who
was appointed under Division 2 of Part II of the repealed Act to be the Chief
Judge, a judge other than the Chief Judge, or an acting judge; or
(b)
subject to subclauses (2) and (3), who was appointed under Division 4 of Part
II of the repealed Act to be an officer of the Court; or
(c) who
was employed or engaged as a member of staff for the purposes of the repealed
Act, whether or not under Division 4 of Part II of the repealed Act,
and whose appointment
to, or employment or engagement in, that office or position was in effect
immediately before the commencement day is to be treated on and after the
commencement day as having been appointed, employed or engaged, as the case
requires, on the same terms and conditions, including as to remuneration, as
those which applied to the person immediately before the commencement day.
(2) A person who was
the registrar of the Court under the repealed Act and whose appointment to
that office was in effect immediately before the commencement day is to be
treated on and after the commencement day as having been appointed as the
Principal Registrar under this Act but otherwise on the same terms and
conditions, including as to remuneration, as those which applied to the person
immediately before the commencement day.
(3) A person who was a
deputy registrar of the Court under the repealed Act and whose appointment to
that office was in effect immediately before the commencement day is to be
treated on and after the commencement day as having been appointed as a
registrar under this Act but otherwise on the same terms and conditions,
including as to remuneration, as those which applied to the person immediately
before the commencement day.
(4) A person to whom
this clause applies retains all existing and accruing rights and benefits as
if the holding of the office, or the employment or engagement, under this Act
were a continuation of the person’s holding of the office, or the
employment or engagement, under the repealed Act immediately before the
commencement day.
(5) If a person to
whom subclause (2) or (3) applies has also been appointed, and holds office,
as a stipendiary magistrate under the Stipendiary Magistrates Act 1957 2 and
the person’s appointment to the office of stipendiary magistrate was
—
(a) in
effect immediately before the commencement day; and
(b)
conditional on the person holding office as the registrar or a deputy
registrar under the repealed Act,
then on and after the
commencement day, the person’s appointment to the office of stipendiary
magistrate —
(c) is
to be treated as being conditional on the person holding office as the
Principal Registrar or a registrar, as the case requires, according to whether
subclause (2) or (3) applies to the person; and
(d)
otherwise continues to be subject to the terms and conditions applicable to
the appointment.
4 . Setting aside of orders made under repealed
s. 30 altering property interests
(1) Where, on
application by a person affected by an order made by the Court under
section 30 of the repealed Act, the Court is satisfied that there has been a
miscarriage of justice by reason of fraud, duress, suppression of evidence,
the giving of false evidence, or any other circumstance, the Court may, in its
discretion, set aside the order and, if it thinks fit, make another order in
substitution for the order so set aside, taking into account the
considerations applicable to an order altering the interests of parties in
their property under Part VIII of the Family Law Act.
(2) In the exercise of
its powers under subsection (1), the Court must have regard to the interests
of, and must make any order proper for the protection of, a bona fide
purchaser or other person interested.
5 . Treatment of orders as to custody,
guardianship, access or maintenance or other payments
(1) An order with
respect to the custody of a child in force under the repealed Act immediately
before the commencement day has effect, on and after the commencement day
—
(a) so
far as it deals (expressly or impliedly) with the question of the person or
persons with whom the child is to live, as if it were a residence order made
under this Act; and
(b) so
far as it deals, expressly or impliedly, with other aspects of parental
responsibility for the child, as if it were a specific issues order made under
this Act.
(2) An order with
respect to the guardianship of a child in force under the repealed Act
immediately before the commencement day has effect, on and after the
commencement day —
(a) so
far as it deals (expressly or impliedly) with the question of the person or
persons with whom the child is to live, as if it were a residence order made
under this Act; and
(b) so
far as it deals (expressly or impliedly) with other aspects of parental
responsibility for the child, as if it were a specific issues order made under
this Act.
(3) An order with
respect to the access to a child in force under the repealed Act immediately
before the commencement day has effect, on and after the commencement day, as
if it were a contact order made under this Act.
(4) An order with
respect to the maintenance of a child in force under the repealed Act
immediately before the commencement day has effect, on and after the
commencement day, as if it were a child maintenance order made under this Act.
(5) An order for the
payment of preliminary expenses or any other moneys under Division 5 of Part
III of the repealed Act in force immediately before the commencement day has
effect, on and after the commencement day, as if it were an order for the
payment of child bearing expenses made under this Act.
(6) In this clause, a
reference to a particular kind of order in force under the repealed Act
includes a reference to —
(a) an
agreement that has effect as that kind of order under the repealed Act; or
(b) an
order that is treated, or that has effect, as if it were an order of that
kind; or
(c) a
right or liability, within the meaning of the Family Court (Orders of
Registrars) Act 1997 , that —
(i)
is in respect of a matter to which subsection (1), (2),
(3), (4) or (5) applies; and
(ii)
is conferred, imposed or affected by section 4 of that
Act.
(7) Nothing in
subclause (6) applies to an agreement to the extent, if any, to which the
agreement relates to child welfare matters in respect of a child.
6 . Treatment of applications for orders as to
custody, guardianship, access or maintenance or other payments
(1) This clause
applies if, immediately before the commencement day, an application for an
order under section 36, 55, 62 or 63 of the repealed Act of any of the
following kinds was still awaiting determination —
(a) an
order with respect to the custody of a child;
(b) an
order with respect to the guardianship of a child;
(c) an
order with respect to the access to a child;
(d) an
order with respect to the maintenance of a child;
(e) an
order for the payment of preliminary expenses or any other moneys under
Division 5 of Part III of the repealed Act.
(2) An application
referred to in subclause (1) must be determined as if it were an application
for the corresponding order or orders under Part 5 of this Act (determined
having regard to the effect of clause 5).
7 . Treatment of agreements relating to child
welfare matters
(1) To the extent that
it relates to child welfare matters in respect of a child, a child agreement
or a maintenance agreement in force under the repealed Act immediately before
the commencement day has effect on and after the commencement day as if it
were a parenting plan made under this Act.
(2) If —
(a) a
child agreement had been registered under section 41 of the repealed Act and
the registration was in effect immediately before the commencement day; or
(b) a
maintenance agreement had been registered under section 70 of the repealed Act
and the registration was in effect immediately before the commencement day,
then, to the extent
that the agreement relates to child welfare matters in respect of a child, the
agreement continues to have effect on and after the commencement day as if it
were a parenting plan registered under section 79 of this Act.
(1) If a warrant under
section 47(1) or (2) of the repealed Act was in force immediately before the
commencement day then the repealed Act continues to have effect on and after
the commencement day in relation to the warrant as if the repealed Act had not
been repealed.
(2) If an application
for a warrant under section 47 of the repealed Act has not been decided by the
commencement day then the repealed Act continues to have effect after the
commencement day in relation to the application and to any warrant issued in
relation to the application as if the repealed Act had not been repealed.
9 . Treatment of orders as to information
(1) If an order under
section 47(5a) or (5b) of the repealed Act was in force immediately before the
commencement day then the repealed Act continues to have effect on and after
the commencement day in relation to the order as if the repealed Act had not
been repealed.
(2) If an application
for an order under section 47(5a) or (5b) of the repealed Act has not been
decided by the commencement day then the repealed Act continues to have effect
on and after the commencement day in relation to the application and to any
order made in relation to the application as if the repealed Act had not been
repealed.
10 . Other things done for purposes of provisions
of repealed Act
Subject to clauses 5
to 9 —
(a) the
making of an application to, or filing of a notice or other document in, a
court; and
(b) the
making of an order or other decree by a court; and
(c) the
preparation of a report or other document; and
(d) the
making of, continuation of, or conduct of proceedings in relation to, an
appeal to or from a court,
or any other thing
done for the purposes of a provision of the repealed Act has effect, on and
after the commencement day, as if it were an equivalent thing done under the
provisions of this Act that most closely correspond to the provisions of the
repealed Act.
Division 2 — Provisions for Family Court Amendment (Family Violence and
Other Measures) Act 2013
[Heading inserted: No. 13 of 2013 s. 39.]
11 . Application of amendments relating to family
violence
(1) In this clause
—
commencement means the commencement of the Family
Court Amendment (Family Violence and Other Measures) Act 2013 Part 2;
old Act means this Act as in force immediately
before commencement.
(2) The amendments
made by the Family Court Amendment (Family Violence and Other Measures) Act
2013 sections 4 to 8, 10, 11 and 17 to 22 apply in relation to proceedings
instituted at or after commencement.
(3) The amendments
made by the Family Court Amendment (Family Violence and Other Measures) Act
2013 Part 2 do not affect an order made under the old Act or a certificate
given under section 66H(7) of the old Act.
(4) The amendments
made by the Family Court Amendment (Family Violence and Other Measures) Act
2013 Part 2 are taken not to constitute changed circumstances that would
justify the making of an order to discharge or vary, or to suspend or revive
the operation of, some or all of a parenting order that was made before
commencement.
[Clause 11 inserted: No. 13 of 2013 s. 39.]
12 . Application of other amendments
(1) In this clause
—
commencement means the commencement of the Family
Court Amendment (Family Violence and Other Measures) Act 2013 Part 3;
old Act means this Act as in force immediately
before commencement.
(2) An order or
direction under section 65(1) or 73(5) of the old Act, or an application for
such an order or direction, has effect after commencement as if it were an
order or direction, or an application for an order or direction, under that
section as in force after commencement.
(3) The amendment made
by the Family Court Amendment (Family Violence and Other Measures) Act 2013
section 26 applies in relation to orders under Part 5 Division 11 Subdivision
4, whether made before, at or after commencement.
(4) The amendment made
by the Family Court Amendment (Family Violence and Other Measures) Act 2013
section 28 applies in relation to a court, after commencement, taking an
opinion expressed by a family consultant into account, whether that opinion
was expressed before, at or after commencement.
(5) The amendment made
by the Family Court Amendment (Family Violence and Other Measures) Act 2013
section 30 applies in relation to orders requiring persons to enter into
bonds, whether made before, at or after commencement.
(6) The amendment made
by the Family Court Amendment (Family Violence and Other Measures) Act 2013
section 31 applies in relation to bonds entered into whether before, at or
after commencement.
(7) Subject to
subclause (8), the amendment made by the Family Court Amendment (Family
Violence and Other Measures) Act 2013 section 32 applies in relation to
appeals whether instituted before, at or after commencement.
(8) The amendment made
by the Family Court Amendment (Family Violence and Other Measures) Act 2013
section 32 does not affect the dismissal or stay of proceedings on an appeal
before commencement.
(9) The amendment made
by the Family Court Amendment (Family Violence and Other Measures) Act 2013
section 34 applies in relation to proceedings transferred to the Court whether
before, at or after commencement.
[Clause 12 inserted: No. 13 of 2013 s. 39.]
Division 3 — Provisions for Family Court Amendment Act 2022
[Heading inserted: No. 28 of 2022 s. 32.]
13 . Application of amendments
(1) In this clause
—
commencement day means the day on which the Family
Court Amendment Act 2022 Part 2 comes into operation.
(2) Subject to
subclause (3), the amendments to this Act made by the Family Court Amendment
Act 2022 sections 4, 5, 7, 9, 14, 15, 16, 17, 18, 20, 21, 22, 23, 29 and 30,
to the extent to which they relate to bankruptcies or personal insolvency
agreements, apply in relation to —
(a)
bankruptcies for which the date of the bankruptcy is on or after the
commencement day; and
(b)
personal insolvency agreements, whether executed before, on or after the
commencement day.
(3) The following
provisions, as inserted by the Family Court Amendment Act 2022 , apply to
proceedings instituted on or after the commencement day, whether the date of
the bankruptcy is before, on or after the commencement day —
(a)
section 205ZCA(2), (3), (4) and (5);
(b)
section 205ZCA(10), to the extent to which it relates to section 205ZCA(2);
(c) the
definitions in section 5(1), to the extent to which they relate to
section 205ZCA(2), (3), (4) and (5);
(d)
section 205ZG(12), (13), (14) and (15);
(e)
section 205ZG(20), to the extent to which it relates to section 205ZG(12);
(f) the
definitions in section 5(1), to the extent to which they relate to
section 205ZG(12), (13), (14) and (15).
(4) Section 205ZA(3),
as in force immediately before the commencement day, continues to apply on and
after that day to a declaration or order made under section 205ZA before that
day.
(5) The amendment to
section 205ZB made by the Family Court Amendment Act 2022 section 13 applies
in relation to applications made on or after the commencement day.
(6) Section 205ZPA
applies in relation to a financial agreement made on or after the commencement
day.
(7) Section 205ZPB
applies in relation to a financial agreement or former financial agreement
made between parties whose de facto relationship breaks down on or after the
commencement day.
(8) Section 211(6)
applies in relation to appeals whether instituted before, on or after the
commencement day.
(9) The amendment to
section 211B made by the Family Court Amendment Act 2022 section 28 applies in
relation to appeals whether instituted before, on or after the commencement
day.
[Clause 13 inserted: No. 28 of 2022 s. 32.]
This is a compilation of the Family Court Act 1997 and includes amendments
made by other written laws. For provisions that have come into operation and
for information about any reprints, see the compilation table. For provisions
that have not yet come into operation see the uncommenced provisions table.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
40 of 1997 |
10 Dec 1997 |
s. 1 and 2: 10 Dec 1997; | |
|
State Superannuation (Transitional and Consequential Provisions) Act 2000
s. 43(1) |
43 of 2000 |
2 Nov 2000 |
17 Feb 2001 (see s. 2(2) and Gazette 16 Feb 2001 p. 903) |
|
Acts Amendment (Lesbian and Gay Law Reform) Act 2002 Pt. 9 |
3 of 2002 |
17 Apr 2002 |
21 Sep 2002 (see s. 2 and Gazette 20 Sep 2002 p. 4693) |
|
Family Court Amendment Act 2002 3-5 |
25 of 2002 |
25 Sep 2002 |
s. 1 and 2: 25 Sep 2002; |
|
Acts Amendment (Equality of Status) Act 2003 Pt. 19 6 |
28 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579) |
|
Sentencing Legislation Amendment and Repeal Act 2003 s. 60 |
50 of 2003 |
9 Jul 2003 |
15 May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445) |
|
Reprint 1: The Family Court Act 1997 as at 15 Aug 2003 (includes amendments
listed above except those in the Sentencing Legislation Amendment and Repeal
Act 2003 ) | |||
|
Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 126 |
65 of 2003 |
4 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5722) |
|
Criminal Code Amendment Act 2004 s. 58 |
4 of 2004 |
23 Apr 2004 |
21 May 2004 (see s. 2) |
|
Children and Community Services Act 2004 Sch. 2 cl. 10 |
34 of 2004 |
20 Oct 2004 |
1 Mar 2006 (see s. 2 and Gazette 14 Feb 2006 p. 695) |
|
Acts Amendment (Court of Appeal) Act 2004 s. 37 |
45 of 2004 |
9 Nov 2004 |
1 Feb 2005 (see s. 2 and Gazette 14 Jan 2005 p. 163) |
|
Courts Legislation Amendment and Repeal Act 2004 Pt. 12 7 |
59 of 2004 (as amended by No. 2 of 2008 s. 77(2)) |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128) |
|
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004
s. 80 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act
2005 Pt. 7 |
24 of 2005 |
2 Dec 2005 |
1 Jan 2006 (see s. 2(1) and Gazette 23 Dec 2005 p. 6244) |
|
Planning and Development (Consequential and Transitional Provisions) Act 2005
s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2(2) and Gazette 21 Mar 2006 p. 1078) |
|
Reprint 2: The Family Court Act 1997 as at 14 Apr 2006 (includes amendments
listed above) | |||
|
Family Legislation Amendment Act 2006 Pt. 2 and 3 8-11 |
35 of 2006 |
4 Jul 2006 |
Pt. 2: 14 Jul 2006 (see s. 2 and Gazette 14 Jul 2006 p. 2559); |
|
Reprint 3: The Family Court Act 1997 as at 20 Oct 2006 (includes amendments
listed above) | |||
|
Legal Profession Act 2008 s. 663 |
21 of 2008 |
27 May 2008 |
1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511) |
|
Surrogacy Act 2008 Pt. 4 Div. 3 |
47 of 2008 |
10 Dec 2008 |
1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 512) |
|
Statutes (Repeals and Minor Amendments) Act 2009 s. 7 |
46 of 2009 |
3 Dec 2009 |
4 Dec 2009 (see s. 2(b)) |
|
Family Court Amendment (Family Violence and Other Measures) Act 2013 |
13 of 2013 |
4 Oct 2013 |
Pt. 1: 4 Oct 2013 (see s. 2(a)); |
|
Reprint 4: The Family Court Act 1997 as at 14 Mar 2014 (includes amendments
listed above) | |||
|
7 of 2019 |
15 May 2019 |
15 May 2019 (see s. 2) | |
|
COVID-19 Response and Economic Recovery Omnibus Act 2020 s. 59 |
34 of 2020 |
11 Sep 2020 |
12 Sep 2020 (see s. 2(b)) |
|
Family Court Amendment Act 2021 |
16 of 2021 |
9 Sep 2021 |
s. 1 and 2: 9 Sep 2021 (see s. 2(a)); |
|
9 of 2022 |
14 Apr 2022 |
1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2) | |
|
Family Court Amendment Act 2022 Pt. 2 |
28 of 2022 |
31 Aug 2022 |
28 Sep 2022 (see s. 2(c) and SL 2022/159 cl. 2) |
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
State Superannuation (Transitional and Consequential Provisions) Act 2000
s. 43(2) |
43 of 2000 |
2 Nov 2000 |
To be proclaimed (see s. 2(2)) |
|
Births, Deaths and Marriages Registration Amendment (Sex or Gender Changes)
Act 2024 Pt. 4 Div. 8 |
31 of 2024 |
26 Sep 2024 |
To be proclaimed (see s. 2(b)) |
|
Family Court Amendment (Commonwealth Reforms) Act 2024 Pt. 2 |
49 of 2024 |
6 Dec 2024 |
10 Feb 2025 (see s. 2(b) and SL 2025/10 cl. 2) |
1 The Superannuation and Family Benefits Act 1938
was repealed by the State Superannuation Act 2000 s. 39. Certain provisions
of that Act continue to apply to and in relation to certain schemes because of
the State Superannuation (Transitional and Consequential Provisions) Act 2000
s. 26.
2 Repealed by the Courts Legislation Amendment and
Repeal Act 2004 s. 14.
3 The Family Court Amendment Act 2002 s. 25 reads
as follows:
25. Saving
The amendments
effected by this Part do not affect any act or thing done by a court under
Part 10 Division 2 of the Family Court Act 1997 before the commencement of
this Part, and any such act or thing continues to have effect according to its
terms after that commencement as if those amendments had not been made.
4 The Family Court Amendment Act 2002 s. 61(2)
reads as follows:
(2) The amendment
effected by subsection (1) does not apply in relation to child maintenance
orders made before the commencement of this section.
5 The Family Court Amendment Act 2002 s. 62(2)
reads as follows:
(2) The amendment made
by subsection (1), applies in relation to arrears that are outstanding on or
after the commencement of this section.
6 The Acts Amendment (Equality of Status) Act 2003
s. 50(2) and (3) read as follows:
(2) In subsection (3)
—
relevant action means anything done under the
Family Court Act 1997 —
(a)
after the commencement of the Family Court Amendment Act 2002 ; but
(b)
before the commencement of this section.
(3) It is declared
that by force of this section —
(a) any
relevant action is and has always been as valid and effective as it would have
been; and
(b) the
rights and liabilities of all persons are and have always been the same as
they would have been,
if subsection (1) had
come into operation on the day on which the Family Court Amendment Act 2002
came into operation.
7 The Courts Legislation Amendment and Repeal Act
2004 s. 95 (to amend s. 243(6)) was repealed by the Criminal Law and
Evidence Amendment Act 2008 s. 77(2).
8 The Family Legislation Amendment Act 2006 s.
21, 30, 35, 41, 48, 51, 57, 61, 68(3), 70(3), 77(3), 99, 103 and 107 read as
follows:
21. Transitional provision
The
Family Court Act 1997 , as amended by this Division, applies in relation to
proceedings instituted in a court (within the meaning of that Act section 8)
before, on or after the commencement of this Division.
30. Transitional provisions
(1) Subject to
subsection (2), the Family Court Act 1997 as amended by this Division,
applies in relation to financial agreements (within the meaning of that Act
section 205T) made at any time, whether before, on or after the commencement
of this Division.
(2) The
Family Court Act 1997 as amended by this Division, does not apply to
proceedings that were instituted under that Act before the commencement of
this Division.
35. Transitional provisions
(1) In this section
—
commencement means the day on which this Division
comes into operation;
section 205ZG order means an order (other than an
interim or a partial order) made under section 205ZG of the Family Court Act
1997 .
(2) Subject to this
section, the Family Court Act 1997 , as amended by this Division, applies in
relation to all de facto relationships to which that Act otherwise applies.
(3) Subject to
subsection (4), the Family Court Act 1997 , as amended by this Division, does
not apply in relation to a de facto relationship if a section 205ZG order is
in force in relation to the relationship at the commencement.
(4) If a section 205ZG
order that is in force at the commencement is later set aside under
section 205ZH(1)(a), (b), (c) or (d) of the Family Court Act 1997 , then the
Family Court Act 1997 , as amended by this Division, applies in relation to
the de facto relationship in relation to which the order was in force, only
from the time the order is set aside.
41. Transitional provision
The
Family Court Act 1997 , as amended by section 36 of this Act, applies in
relation to proceedings in a court (within the meaning of that Act section 8)
that have not been finally determined before the commencement of that section,
whether the proceedings were instituted in the court before, on or after the
commencement of that section.
48. Transitional provisions
(1) In this section
—
commencement means the day on which this
Subdivision comes into operation;
parenting order has the same meaning as it has in
the Family Court Act 1997 .
(2) The
Family Court Act 1997 , as amended by this Subdivision, applies to —
(a)
contraventions, and alleged contraventions, of parenting orders whether
occurring before, at or after the commencement; and
(b)
proceedings in a court (within the meaning of that Act section 8) in which it
is alleged that a person committed a contravention of a parenting order
whether those proceedings are commenced before, at or after the commencement.
51. Savings provision
Despite the amendment
effected by section 50, the Family Court Act 1997 , as in force immediately
before the commencement of this Subdivision, continues to apply in respect of
offers to settle proceedings made under section 240 of that Act before the
commencement of this Subdivision.
57. Savings provision
Despite the amendments
effected by this Subdivision, the Family Court Act 1997 , as in force
immediately before the commencement of this Subdivision, continues to apply to
failures to comply with orders, bonds or sentencing alternatives made or
imposed under that Act before the commencement of this Subdivision.
61. Savings provision
Despite the amendments
effected by section 60, the Family Court Act 1997 , as in force immediately
before the commencement of that section, continues to apply to dispositions
made under that Act before the commencement of that section.
68. Section 64 amended and transitional provision
(3) The
Family Court Act 1997 , as amended by this section, does not apply to, or in
respect of admissions or disclosures made under that Act before the
commencement of this section.
70. Section 205J amended and transitional
provision
(3) The
Family Court Act 1997 , as amended by this section, does not apply to, or in
respect of admissions or disclosures made under that Act before the
commencement of this section.
77. Section 237 amended and transitional provision
(3) The
Family Court Act 1997 , as amended by this section, does not apply to, or in
respect of, proceedings instituted under that Act before the commencement of
this section.
99. Transitional provisions
(1) In this section
—
commencement means the day on which this Division
comes into operation;
new Act means the Family Court Act 1997 as in
force after commencement;
parenting order has the same meaning as in the
Family Court Act 1997 .
(2) Section 66C of the
new Act applies to orders made on or after commencement.
(3) The amendments
effected by sections 84 and 94 apply in respect of parenting orders made on or
after commencement.
(4) The amendment
effected by section 85 applies to proceedings under Part 5 of the
Family Court Act 1997 , whether the proceedings were initiated before, on or
after commencement.
(5) The amendment
effected by section 86 applies to directions given under section 73(2) of the
new Act on or after commencement.
(6) The amendment
effected by section 87 applies to parenting plans made on or after
commencement.
(7) The amendment
effected by section 90 applies to parenting orders made on or after
commencement.
(8) The amendment
effected by section 91 applies to parenting orders made on or after
commencement (this includes, without limitation, a parenting order that varies
an earlier parenting order, whether the earlier parenting order was made
before or after commencement).
(9) Sections 89AA,
89AB, 89AC and 89AD of the new Act apply to parenting orders made on or after
commencement.
(10) The amendment
effected by section 97 applies to a court proposing to make an order mentioned
in section 92(1) of the new Act, whether the proceedings to which the order
relates were initiated before or after commencement.
(11) The amendments
effected by this Division are taken not to constitute changed circumstances
that would justify making an order to discharge or vary, or to suspend or
revive the operation of, some or all of a parenting order that was made before
commencement.
103. Transitional provisions
(1) In this section
—
commencement means the day on which this Division
comes into operation;
parenting order has the same meaning as in the
Family Court Act 1997 .
(2) The amendments
effected by this Division apply to a contravention, or alleged contravention
of a parenting order —
(a) if
the contravention occurs, or the alleged contravention is alleged to occur, on
or after commencement; and
(b) do
not apply if the contravention occurs, or the alleged contravention is alleged
to occur, before commencement.
107. Transitional provision
The amendments
effected by this Division —
(a)
apply to proceedings commenced by an application filed on or after 1 July
2006; and
(b)
apply to proceedings commenced by an application filed before 1 July 2006, if
the parties to the proceedings consent and the court grants leave.
9 The Family Legislation Amendment Act 2006 Pt. 3
Div. 4 Subdiv. 2 reads as follows:
Subdivision 2 — Transitional provisions
127. Interpretation
In this Division
—
commencement means the day on which this Division
comes into operation.
128. Arbitration awards registered under section
60A or 60B are taken to be registered under section 65P
If —
(a) at
any time before commencement, an award in an arbitration had been registered
under section 60A or 60B of the Family Court Act 1997 ; and
(b) the
award is still registered immediately before commencement,
the registration of
the award continues to have effect after commencement as if it had been done
under section 65P of that Act.
129. Powers under Part 4C Division 4 of the
Family Court Act 1997 may be exercised in relation to section 60A arbitration
and private arbitration
For the purposes of
sections 65O, 65P, 65Q and 65R —
(a) a
reference to section 65M arbitration includes a reference to section 60A
arbitration (within the meaning of the Family Court Act 1997 as in force
immediately before commencement); and
(b) a
reference to relevant property or financial arbitration includes a reference
to private arbitration of a dispute (within the meaning of the
Family Court Act 1997 as in force immediately before commencement).
130. Request for counselling under section 52
If, at commencement, a
notice filed under section 52 of the Family Court Act 1997 has not been acted
on, an appropriate officer of the court in which the notice is filed must
arrange for the parties to the proceedings to which the notice relates (and
the child and any other persons the officer thinks appropriate) to be
interviewed by a family counsellor to assess whether counselling is
appropriate in all the circumstances, and, if it is —
(a) to
discuss the care, welfare and development of the child; and
(b) if
there are differences between the parties in relation to matters affecting the
care, welfare and development of the child, to try to resolve those
differences.
131. Orders under section 72(2)
If, at commencement,
an order under section 72(2) of the Family Court Act 1997 has not yet been
complied with, the order is taken to have been complied with if the parties to
which the order relate attend a conference with a family counsellor (within
the meaning of the Family Court Act 1997 as amended by this Division).
132. Reports under section 73
If, at commencement, a
family and child counsellor or welfare officer (within the meaning of the
Family Court Act 1997 as in force immediately before commencement) has been
directed to give a report under section 73(2) of that Act and has not yet
given that report —
(a) the
person must still provide the report; and
(b)
references in section 73 of that Act (as amended by this Division) to a family
consultant are taken to be references to the person who provides the report.
133. Pre-parenting order counselling for the
purposes of section 72
If, before
commencement, parties to proceedings attended a conference with a family and
child counsellor or a welfare officer to discuss the matter to which the
proceedings relate, the attendance at that conference is taken to satisfy the
requirement in section 72(2) of the Family Court Act 1997 (as amended by this
Division) to attend a conference with a family counsellor.
134. Supervision etc. of parenting orders
If —
(a)
under a court order made before commencement under section 95 of the
Family Court Act 1997 , a person is required to do either or both of the
following —
(i)
supervise compliance with a parenting order;
(ii)
give any party to the parenting order such assistance as
is reasonably requested by that party in relation to compliance with, and the
carrying out of, the parenting order;
and
(b)
immediately after commencement, the person is not a family consultant within
the meaning of the Family Court Act 1997 as amended by this Division,
then the court may
make another order substituting a family consultant for the person.
135. Transitional regulations
(1) If this Division
does not provide sufficiently for a matter or issue of a transitional nature
that arises as a result of the amendments made by this Division, the Governor
may make regulations prescribing all matters that are required, necessary or
convenient to be prescribed for providing for that matter or issue.
(2) If regulations
made under subsection (1) provide that a specified state of affairs is taken
to have existed, or not to have existed, on and from a day that is earlier
than the day on which the regulations are published in the Gazette but not
earlier than commencement, the regulations have effect according to their
terms.
(3) In subsection (2)
—
specified means specified or described in the
regulations.
(4) If regulations
contain a provision referred to in subsection (2), the provision does not
operate so as —
(a) to
affect in a manner prejudicial to any person (other than the State or an
authority of the State) the rights of that person existing before the day of
publication; or
(b) to
impose liabilities on any person (other than the State or an authority of the
State) in respect of anything done or omitted to be done before the day of
publication.
10 The Family Legislation Amendment Act 2006 s.
141 and 143 read as follows:
141. Transitional provisions
(1) In this section
—
commencement means the day on which this Division
comes into operation;
new provision means section 164 of the
Family Court Act 1997 as in force after commencement;
old provision means section 171 of the
Family Court Act 1997 as in force immediately before commencement.
(2) The amendments
effected by this Division apply to proceedings initiated under Part 5 of the
Family Court Act 1997 before, on or after commencement.
(3) If —
(a) a
court made an order under the old provision for separate representation of a
child; and
(b)
immediately before commencement, the proceedings in which the order was made
have not been concluded,
then —
(c) the
person who was appointed as the child’s representative under the old
provision is taken to be appointed as the independent children’s lawyer
under the new provision; and
(d) the
order under the old provision for separate representation of the child is
taken to be an order under the new provision for independent representation of
the child’s interests.
143. Transitional provisions
(1) In this section
—
commencement means the day on which this Division
comes into operation.
(2) The amendments
effected by this Division —
(a)
apply to orders made after commencement; and
(b) do
not apply to orders made before commencement.
11 The Family Legislation Amendment Act 2006 Pt.
4 will not come into operation because it was deleted by the Family Court
Amendment Act 2022 s. 34.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
Aboriginal child
5(1)
Aboriginal or Torres Strait Islander culture
5(1)
abuse 5(1)
adopted
5(1)
adviser 66HC(1),
78A(5)
alleged contravention 5(1)
alleged offender
5(1), 99(1)
applicant
117(1), 205J(1), 205M(1), 205O(7)
application for a confiscation declaration
5(1)
arbitration 5(1),
56(1)
arbitrator 5(1)
arresting person
5(1)
audio link 5(1)
bankrupt
5(1)
Bankruptcy Act
5(1)
bankruptcy trustee 5(1)
birth
5(1)
captain 5(1)
carer
98A(1)
ceiling amount 43(9)
CEO 5(1)
Chief Judge
5(1)
Chief Justice 209A
child
5(1), 202J(5), 205T, 214A(3)
child bearing expenses
5(1)
childbirth maintenance period
5(1)
child maintenance order 5(1), 84(5)
child
maintenance provisions 5(1), 76(5)
child-related
proceedings 5(1), 202H(6)
Child Support (Assessment) Act 5(1)
Child Support
(Registration and Collection) Act 5(1)
child
welfare law 5(1)
child welfare officer
5(1)
child welfare provisions
5(1)
commencement Sch. 2 cl. 11(1) and 12(1)
commencement day 219AJ(1), Sch. 2 cl. 1 and 13(1)
Commissioner of Police 5(1)
Commonwealth or State
instrumentality 238(3)
communication
49(7), 53(8)
community service order
5(1)
confiscation declaration 5(1)
contravene an
order 233A
contravened an order
5(1)
Court 5(1)
court
5(1), 43(1), 43A(1), 103(1), 104(1), 161(5), 191(3), 230(1),
243(9)
courtroom 219AE(7)
creditor
205ZV(6)
criminal confiscation order
5(1)
current contravention 205K, 205N(1), 205SA(1)
dealt with 205ZM
debtor party
205ZCA(6), 205ZG(16)
debtor subject to a personal insolvency agreement
5(1), 7B
declaration time
205ZPB(7)
decree 209A
delegated power
33(1)
department 5(1)
Director 25(7)
Director of Court Counselling
5(1)
disposition
222(5)
dispute resolution provisions of the
rules 66H(1)
DPP 5(1)
education 5(1)
electronic means
243(9)
examined 217(4)
examining
party 219AK(1), 219AL(1)
excluded child order
33(4A)
excluded rules of evidence
202H(6)
exposed 5(1), 9A(3)
family
consultant 5(1), 61
family counselling
5(1), 47
family counsellor
5(1), 48
Family Court judge 5(1)
Family Court of
Australia 5(1)
Family Court of Western Australia
5(1)
family dispute resolution
5(1), 51
family dispute resolution practitioner
5(1), 52
Family Law Act 5(1)
family
law magistrate 5(1)
family member
9A(1)
family violence 5(1), 9A(1)
family violence order 5(1)
financial agreement
205T
financial matters
205T
first order 128(1)
first person
5(1), 6
former financial agreement
205T
government body 205ZV(6)
holding period
101(4), 236(6)
income tested pension, allowance or
benefit 5(1), 205T
independent children’s
lawyer 5(1)
information about a child’s
location 5(1)
interest
222(5)
interested person 159(1A), 162A(1),
205ZV(6)
interests 5(1)
judge
5(1), 19, 209A
legal experience 11(3a)
location order 5(1)
made in favour
5(1)
maintenance order 223, 233A
maintenance provider 132A(1)
major long-term
issues 5(1), 7A(1)
medical expenses
5(1)
medical practitioner 5(1)
member of the family 5(1)
metropolitan region
5(1)
offence 232(1)
official 147(8)
old Act
Sch. 2 cl. 11(1) and 12(1)
order 5(1)
order
under this Act 223, 233A
order under this Act
affecting children 5(1)
original agreement
128A(1)
other court 103(1)
parent 5(1)
parentage testing order
5(1), 195(1)
parentage testing procedure
5(1)
parental responsibility 5(1), 68
parenting order 5(1), 84
parenting order to which
this Subdivision applies 106(1)
parenting plan
5(1), 76(1)
Part 5A proceedings
5(1)
Part 5 Order 5(1)
pending
5(1)
periodic provisions
81(4)
personal insolvency agreement 5(1)
plan 79(1), 82(1)
post-separation parenting
program 5(1)
prescribed form
159(1A), 162A(1)
prescribed government agency
66HB(1), 202K(8)
primary order 5(1)
principal officer 5(1)
proceedings
5(1)
proceedings for a parenting order
91(4), 95A(3)
professional 50(1), 54(1),
62(1)
professional ethics 5(1)
property
5(1), 205ZLD(2), 220A(5)
property settlement proceedings
5(1)
protected person
236(1)
purported order 132A(1)
reasonable excuse
for contravening 5(1)
recovery order
5(1)
registered parenting plan 5(1)
registrar 5(1), 158, 220A(5)
Registry Manager
5(1)
relative 5(1)
relevant matter 205H(1)
relevant property or
financial arbitration 5(1)
remote person
219AG
repealed Act Sch. 2 cl.
1
representation 202J(5)
respondent
117(1), 205E(2), (4), (5), (6) and (7), 205I, 205K, 205O(7),
225(2), 236(1)
revocation agreement
79(2)
second person 6
section 65M
arbitration 5(1)
Sentencing Act
205SC(1), 229(1)
specified day
219AJ(1)
standard application period 205ZB(1)
State child order 5(1)
State entity
5(1)
State information order 5(1)
step-parent 5(1)
subsequent order
128(8)
termination agreement
205ZU(1)
third party 205ZLB
Torres Strait Islander
child 5(1)
trustee
5(1)
vested bankruptcy property 5(1)
video link
5(1)
witness party
219AK(1), 219AL(1)
© State of Western Australia 2024
.
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the licence, visit www.legislation.wa.gov.au .
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of Western Australia 2024
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By Authority: GEOFF O. LAWN, Government Printer