Family Law Amendment Act 2000
No. 143, 2000
Family Law Amendment Act 2000
No. 143, 2000
An Act to amend the Family Law Act 1975 and other Acts, and for related purposes
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
Schedule 1—Consequences of failure to comply with orders and other obligations
Family Law Act 1975
Schedule 2—Financial agreements
Family Law Act 1975
Schedule 3—Other amendments
A New Tax System (Family Assistance) Act 1999
Bankruptcy Act 1966
Child Support (Assessment) Act 1989
Child Support (Registration and Collection) Act 1988
Family Law Act 1975
Federal Magistrates Act 1999
Veterans’ Entitlements Act 1986
Family Law Amendment Act 2000
No. 143, 2000
An Act to amend the Family Law Act 1975 and other Acts, and for related purposes
[Assented to 29 November 2000]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Family Law Amendment Act 2000.
2 Commencement
(1) Subject to subsections (1A) and (2), this Act commences 28 days after the day on which it receives the Royal Assent.
(1A) Items 31A and 117 of Schedule 3 commence on the day on which this Act receives the Royal Assent.
(2) Item 41 of Schedule 3 is taken to have commenced immediately after the commencement of section 26 of the Family Court of Australia (Additional Jurisdiction and Exercise of Powers) Act 1988.
3 Schedule(s)
Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Consequences of failure to comply with orders and other obligations
Family Law Act 1975
1 Paragraph 37A(1)(k)
Repeal the paragraph.
2 Section 60C (table item 6)
Repeal the item, substitute:
6 | Division 6—Parenting orders other than child maintenance orders• applying for and making parenting orders, other than child maintenance orders • general obligations created by residence orders, contact orders and specific issues orders • measures to promote the exercise of parental responsibility—stage 1 of parenting compliance regime • dealing with people who have been arrested • obligations under parenting orders, other than child maintenance orders, relating to taking or sending children from Australia |
3 Section 60C (after table item 13)
Insert:
13A | Division 13A—Enforcement of orders affecting children• court may do any or all of the following: (a) require a person who contravenes an order affecting children to participate in an appropriate post‑separation parenting program designed to help in the resolution of conflicts about parenting; (b) make a further parenting order that compensates for contact forgone as a result of the contravention; (c) adjourn the proceedings to enable an application to be made for a further parenting order; —stage 2 of parenting compliance regime • court must take other action in respect of a person who contravenes an order affecting children if the court is… |
Overview
The Family Law Amendment Act 2000 No. 143 was enacted by the Parliament of Australia to amend the Family Law Act 1975 and other related Acts, addressing gaps in the existing family law framework. The primary objective of this Act was to enhance the enforcement of parenting orders, establish clearer consequences for non-compliance with court orders affecting children, and introduce financial agreements to provide greater certainty in financial arrangements related to marriage. This legislation aimed to strengthen the legal protections and responsibilities of parents in the best interests of children, while also providing mechanisms for resolving financial disputes between parties in a more streamlined and legally binding manner.
Scope and Application
The Family Law Amendment Act 2000 No. 143, 2000 amends the Family Law Act 1975 and other related Acts to address various aspects of family law, including parenting orders, financial agreements, and enforcement mechanisms. The Act applies to persons involved in family law proceedings, including parents, guardians, and other individuals directly affected by family law orders. It extends to all jurisdictions within Australia, including the Commonwealth, states, and territories. The Act does not explicitly state any exclusions, exemptions, or thresholds, but certain provisions apply only under specific conditions, such as the need for consent or the presence of particular circumstances. The Act also extends its application through subordinate instruments, such as regulations and Rules of Court, which provide additional details and procedures for the implementation of the amendments.
Key Provisions
- The Family Law Amendment Act 2000 introduces several key changes to the Family Law Act 1975, primarily focusing on enhancing the enforcement of parenting orders and addressing compliance issues related to financial agreements. Firstly, it outlines a structured compliance regime for parenting orders, which includes measures to improve communication and educate parents about their responsibilities. The Act mandates that courts explain the obligations and consequences of parenting plans to individuals involved and ensures that the availability of assistance programs is communicated effectively. Additionally, it introduces penalties for non-compliance with parenting orders, including community service orders and fines, to ensure adherence to court-ordered parenting arrangements.
- Moreover, the Act imposes obligations on various parties to ensure compliance with parenting and financial orders. For example, it requires professionals such as family and child counsellors, mediators, and legal practitioners to explain the obligations and consequences of parenting plans to individuals involved in making these plans. The Act also mandates that courts include particulars of the obligations and potential consequences of non-compliance in parenting orders and provide explanations to individuals who are not represented by legal practitioners.
- In terms of penalties and consequences for breach, the Act provides for a range of sanctions, including community service orders, fines, and imprisonment for serious or repeated non-compliance with parenting orders. It also outlines specific penalties for breaches of financial agreements, including the ability for courts to set aside agreements obtained through fraud or unconscionability. Furthermore, the Act includes provisions for the enforcement of overseas child orders and the transmission of agreements to overseas jurisdictions, ensuring that Australian court orders have effect internationally.
- The Act also addresses the enforcement of maintenance orders, allowing courts to set aside registered awards if they were obtained by fraud or are otherwise unenforceable. It provides for the recovery of arrears and the enforcement of maintenance agreements, ensuring that financial obligations are upheld. The Act includes provisions for the protection of children, such as restrictions on children swearing affidavits or being present in court without specific court orders.
- Overall, the Family Law Amendment Act 2000 aims to strengthen the enforcement mechanisms for parenting and financial orders within the family law system, ensuring that court-ordered obligations are respected and upheld.
- Area of Law
- Family Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Transitional Provisions
- Offence Provisions
- Civil Penalty Provisions
- Enforcement Powers
