Family Court Amendment Regulations 2022 (WA)

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8 April 2022 GOVERNMENT GAZETTE, WA 2619

JUSTICE

4U301

Family Court Act 1997

Family Court Amendment Regulations 2022

SL 2022/45

Made by the Governor in Executive Council.

1.   Citation

These regulations are the Family Court Amendment

Regulations 2022.

2.   Commencement

These regulations come into operation as follows —

(a)

regulations 1 and 2— on the day on which these regulations are published in the Gazette;

(b) the rest of the regulations — on the day after that day.
3. Regulations amended
(1) In regulation 3(1) delete the definition of Family Law Rules.
(2)
In regulation 3(2)(d) delete "or the Family Law Rules".

These regulations amend the Family Court Regulations 1998.

4. Regulation 3 amended

2620 GOVERNMENT GAZETTE, WA 8 April 2022

5.      Regulation 7A inserted After regulation 7 insert:

7A. Child welfare officer (Act s. 5(1))
For the purposes of paragraph (a) of the definition of
child welfare officer in section 5(1) each of the
following is a prescribed office -
(a) for New South Wales - the offices of—

(i) Minister for Families and Communities,

in relation to the Adoption Act 2000
(New South Wales) and the Children
and Young Persons (Care and
Protection) Act 1998 (New South
Wales); and

(ii) Attorney General, in relation to

the Guardianship Act 1987 (New South
Wales);
(b) for Tasmania - the office of Secretary of the
Department of Communities Tasmania;
(c) for Victoria - the office of Secretary of the
Department of Families, Fairness and Housing;
(d) for Queensland - the office of
Director-General of the Department of
Children, Youth Justice and Multicultural
Affairs;
(e) for the Australian Capital Territory - the
offices of—

(i) Director-General of the Community

Services Directorate; and

(ii) Chief Psychiatrist appointed under the
Mental Health Act 2015 (Australian
Capital Territory) section 196(1);
(1) for the Northern Territory - the office of Chief
Executive Officer of the Department of
Territory Families, Housing and Communities;
(g) for South Australia - the office of Chief
Executive of the Department for Child
Protection;
(h) for Western Australia - the office of CEO.
8 April 2022 GOVERNMENT GAZETTE, WA 2621

6.            Regulation 17A inserted

At the end of Part 2 insert:

17A. Authorities prescribed (Act s. 243(8)(aa))

For the purposes of section 243(8)(aa) each of the following authorities is prescribed -

(a) for New South Wales - the Department of Communities and Justice;
(b) for Tasmania - the Department of Communities Tasmania;
(c) for Victoria - the Department of Families, Fairness and Housing;
(d) for Queensland - the Department of Children, Youth Justice and Multicultural Affairs;
(e) for the Australian Capital Territory - the Community Services Directorate;

(1)     for the Northern Territory - the Department of Territory Families, Housing and Communities;

(g) for South Australia - the Department for Child Protection;
(h) for Western Australia - the department of the Public Service principally assisting in the administration of the Children and Community Services Act 2004.

7.            Regulation 21 replaced

Delete regulation 21 and insert:

21. Review of decisions under these regulations

A decision made by a registrar or authorised officer under these regulations is reviewable under the Family Court Rules 2021 rule 322 as if it were an order or direction made by the Principal Registrar, a registrar or a deputy registrar.

N. HAGLEY, Clerk of the Executive Council.

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