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FAMILY COURT ACT 1997 - SCHEDULE 2

[Section 247]

Division 1 — Provisions for repeal of Family Court Act 1975

        [Heading inserted: No. 13 of 2013 s. 36.]

1 .         Terms used

                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        repealed Act means the Family Court Act 1975 repealed by section 246.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         Persons holding offices under, or employed or engaged for purposes of, the repealed Act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            (a)         who was appointed under Division 2 of Part II of the repealed Act to be the Chief Judge, a judge other than the Chief Judge, or an acting judge; or

            (b)         subject to subclauses (2) and (3), who was appointed under Division 4 of Part II of the repealed Act to be an officer of the Court; or

            (c)         who was employed or engaged as a member of staff for the purposes of the repealed Act, whether or not under Division 4 of Part II of the repealed Act,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        (2)         A person who was the registrar of the Court under the repealed Act and whose appointment to that office was in effect immediately before the commencement day is to be treated on and after the commencement day as having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        (3)         A person who was a deputy registrar of the Court under the repealed Act and whose appointment to that office was in effect immediately before the commencement day is to be treated on and after the commencement day as having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.

8 .         Treatment of warrants

        (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.]


Notes

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.

Compilation table

Short title

Number and year

Assent

Commencement

Family Court Act 1997

40 of 1997

10 Dec 1997

s. 1 and 2: 10 Dec 1997;
Act other than s. 1 and 2: 26 Sep 1998 (see s. 2 and Gazette 25 Sep 1998 p. 5295)

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;
Act other than s. 1 and 2: 1 Dec 2002 (see s. 2 and Gazette 29 Nov 2002 p. 5651)

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);
Pt. 3: 15 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));
Act other than Pt. 1: 5 Oct 2013 (see s. 2(b))

Reprint 4: The Family Court Act 1997 as at 14 Mar 2014 (includes amendments listed above)

Child Support (Commonwealth Powers) Act 2019 Pt. 3

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));
Act other than s. 1 and 2: 10 Sep 2021 (see s. 2(b))

Legal Profession Uniform Law Application Act 2022 s. 424

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)

Uncommenced provisions table

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))

Other notes

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)




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