Commonwealth Powers (Family Law-Children) Act 1986 (Vic)
Version No. 014
Commonwealth Powers (Family Law-Children) Act 1986
No. 92 of 1986
Version incorporating amendments as at
1 December 2013
TABLE OF PROVISIONS
Section Page
1Purpose
2Commencement
3Reference of certain matters relating to children
4Termination of reference
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SCHEDULE—Statutory Provisions
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 014
Commonwealth Powers (Family Law-Children) Act 1986
No. 92 of 1986
Version incorporating amendments as at
1 December 2013
The Parliament of Victoria enacts as follows:
1Purpose
The purpose of this Act is to refer to the Parliament of the Commonwealth certain powers relating to Family Law.
2Commencement
This Act comes into operation on a day to be proclaimed.
3Reference of certain matters relating to children
(1)The following matters, to the extent to which they are not otherwise included in the legislative powers of the Parliament of the Commonwealth, are referred to the Parliament of the Commonwealth for a period commencing on the day on which this Act comes into operation and ending on the day fixed, pursuant to section 4, as the day on which the reference under this section will terminate, but no longer namely—
(a)the maintenance of children and the payment of expenses in relation to children or child bearing;
(b)the custody and guardianship of, and access to, children;
(c)the determination of a child's parentage for the purposes of the law of the Commonwealth, whether or not the determination of the child's parentage is incidental to the determination of any other matter within the legislative powers of the Commonwealth.
(2)Subject to subsection (2A), the matters referred by subsection (1) do not include the matter of the adoption of children or the taking, or the making of provision for or in relation to authorizing the taking, of action that would prevent or interfere with—
(a)a Minister of the Crown, an officer of the State, an officer of an adoption agency approved under a law of the State, or any other person or body having or acquiring the custody, guardianship, care or control of children under a provision specified in the Schedule; or
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(c)the jurisdiction of the Supreme Court to make orders in respect of children who are in such custody, guardianship, care or control; or
(d)the jurisdiction of a court of the State or the powers of a tribunal or of a bail justice, under a provision specified in the Schedule, to make orders, or take any other action, in respect of—
(i)the custody, guardianship, care or control of children; or
(ii)access to children or the supervision of children.
(2A)The matters referred by subsection (1) include the matter of the taking, or the making of provision for or in relation to authorising the taking, of action that would prevent or interfere with a matter referred to in subsection (2)(a), (c) or (d) if—
(a)the Minister of the Crown responsible for the administration of the relevant provision specified in the Schedule; or
(b)a person authorised, in writing, by that Minister of the Crown to act on his or her behalf for the purposes of Part VII of the Family Law Act 1975 of the Commonwealth—
consents, in writing, to the taking of such action by way of instituting, or continuing, proceedings under that Act in a court having jurisdiction under that Act.
(3)In the preceding provisions of this section—
(a)the references to children shall be construed as references to persons under the age of 18 years; and
(b)the references to the maintenance of, and the payment of expenses in relation to, children shall be construed as including references to the maintenance of, and the payment of expenses in relation to, persons who have attained that age and have special needs in respect of maintenance or expenses by reason of being engaged in a course of education or training or by reason of a physical or mental handicap; and
(c)the references to a provision specified in the Schedule shall be read as references to the provision as amended and in force from time to time, and as including a reference to any provision or provisions replacing that provision and as amended and in force from time to time.
4Termination of reference
The Governor in Council may, at any time, by proclamation published in the Government Gazette, fix a day as the day on which the reference under this Act shall terminate.
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SCHEDULE
S. 3
STATUTORY PROVISIONS
1.Any provision of the Adoption Act 1984.
2.Children, Youth and Families Act 2005:
(a)sections 172 and 173; and
(b)sections 205(1), 216, 240 to 243, 262, 263, 266 to 271 and 274; and
(c)section 275 (except section 275(1)(a) and in relation to section 275(1)(b) only to the extent that the order is subject to a condition relating to where a child is to live); and
(d)sections 280 to 282 (but where those sections refer to a supervision order, only to the extent that the order is subject to a condition relating to where a child is to live); and
(e)sections 283 to 287; and
(f)sections 289 to 292; and
(g)sections 293 to 318 (except where—
(i)section 310(1) includes a protection order that is an undertaking or a supervision order other than a supervision order subject to a condition relating to where a child is to live; and
(ii)sections 310(3) and 310(5) refer to an undertaking or a supervision order other than a supervision order subject to a condition relating to where a child is to live); and
(h)sections 319 to 321 and 325; and
(i)sections 326 to 329, 333 to 337 and 515; and
(j)section 597 (to the extent that that section applies to a person in the care or custody of the Secretary under subsection (1)(a) or placed or in emergency care under subsection (1)(c) or (1)(d)); and
(k)section 598.
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ENDNOTES
1. General Information
Minister's second reading speech—
Legislative Assembly: 17 September 1986
Legislative Council: 7 October 1986
The long title for the Bill for this Act was "A Bill to refer to the Parliament of the Commonwealth certain matters relating to Family Law.".
The Commonwealth Powers (Family Law—Children) Act 1986 was assented to on 16 December 1986 and came into operation on 28 October 1987: Government Gazette 28 October 1987 page 2925.
2. Table of Amendments
This Version incorporates amendments made to the Commonwealth Powers (Family Law—Children) Act 1986 by Acts and subordinate instruments.
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Community Services Act 1987, No. 16/1987
Assent Date: 12.5.87 Commencement Date: S. 4(3)(Sch. 1 item 6) on 22.2.89: Government Gazette 22.2.89 p. 386 CurrentState: This information relates only to the provision/s amending the Commonwealth Powers (Family Law—Children) Act 1986
Children and Young Persons Act 1989, No. 56/1989
Assent Date: 14.6.89 Commencement Date: S. 286 on 31.1.91: Special Gazette (No. 9) 31.1.91 p. 2; Sch. 2 item 3 on 30.9.92: Government Gazette 26.8.92 p. 2470 CurrentState: This information relates only to the provision/s amending the Commonwealth Powers (Family Law—Children) Act 1986
Commonwealth Powers (Family Law-Children) (Amendment) Act 1997, No. 59/1997
Assent Date: 5.11.97 Commencement Date: Ss 4, 5 on 1.11.98: s. 2(3) CurrentState: This information relates only to the provision/s amending the Commonwealth Powers (Family Law—Children) Act 1986
Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006
Assent Date: 15.8.06 Commencement Date: S. 36 on 23.4.07: s. 2(3) CurrentState: This information relates only to the provision/s amending the Commonwealth Powers (Family Law—Children) Act 1986
Children, Youth and Families Amendment Act 2013, No. 52/2013
Assent Date: 24.9.13 Commencement Date: S. 81 on 1.12.13: Special Gazette (No. 419) 26.11.13 p. 1 CurrentState: This information relates only to the provision/s amending the Commonwealth Powers (Family Law—Children) Act 1986
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3. Explanatory Details
No entries at date of publication.
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