Family Law Amendment Regulations 1998 (No. 5) (Cth)

Family Law Amendment Regulations 1998 (No. 5)

Statutory Rules 1998No. 329

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under theFamily Law Act 1975.

Dated 9 December 1998.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

daryl williams

Attorney-General

Family Law Amendment Regulations 1998 (No. 5)1

Statutory Rules 1998No. 3292

made under the

Family Law Act 1975

   

Contents

Page

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1Name of regulations

 These regulations are the Family Law Amendment Regulations 1998 (No. 5).

2Commencement

 These regulations commence on gazettal.

3Amendment of Family Law Regulations 1984

Schedule 1 amends the Family Law Regulations 1984.

Schedule 1Amendments of Family Law Regulations 1984

Do not delete: Schedule Part placeholder

[1]Paragraph 10A (2) (b)

omit

 Territory.

insert

 Territory;

[2]After paragraph 10A (2) (b)

insert

• (c)

  the Court of Petty Sessions of Norfolk Island.

[3]Paragraph 12A (a)

omit

 Part III of

[4]Subparagraph 12A (b) (i)

substitute

• (i)

  the amount of a family allowance under Part 2.17 of that Act that is less than, or equal to, the minimum standard family allowance rate worked out under point 1069-B6 of the Family Allowance Rate Calculator in section 1069 of that Act; and

[5]Paragraph 12A (d)

substitute

• (d)

  the amount of a boarding allowance under the Assistance for Isolated Children Scheme, referred to in paragraph (a) of the definition of current special educational assistance scheme in subsection 3 (1) of the Student Assistance Act 1973, that is greater than the non means tested amount of the allowance;

[6]Paragraph 12A (g)

omit

[7]Paragraph 12A (h)

omit

 Education and Training.

insert

 Workplace Relations and Small Business.

[8]Regulation 12BA

substitute

12BAChild welfare officer — prescribed office of a State or Territory

 For paragraph (a) of the definition of child welfare officer in subsection 60D (1) of the Act, each of the following is a prescribed office:

• (a)

  for New South Wales — the offices of:

  • (i)

    Minister for Community Services, in relation to the provisions of the Adoption of Children Act 1965 (NSW), the Adoption of Children Regulation 1995 (NSW), the Children (Care and Protection) Act 1987 (NSW) and the Community Services (Complaints, Appeals and Monitoring) Act 1993 (NSW) mentioned in Schedule 5; and

  • (ii)

    Minister for Disability Services, in relation to the provisions of the Guardianship Act 1987 (NSW) mentioned in Schedule 5;

• (b)

  for Tasmania — the office of Minister for Community and Health Services;

• (c)

  for Victoria — the office of Minister for Youth and Community Services;

• (d)

  for the Australian Capital Territory — the offices of:

  • (i)

    Director of Family Services mentioned in section 7 of the Children’s Services Act 1986 (ACT); and

  • (ii)

    Director of Mental Health Services appointed under section 112 of the Mental Health (Treatment and Care) Act 1994 (ACT);

• (e)

  for the Northern Territory — the office of Senior Community Welfare Worker.

[9]Regulation 13

substitute

13 Authentication of consent in writing

 For paragraphs 65Y (2) (a), 65Z (2) (a), 65ZA (3) (a) and 65ZB (3) (a) of the Act, a consent in writing must be authenticated by a person mentioned in section 8 of the Statutory Declarations Act 1959 endorsing on the consent a statement that:

• (a)

  the person is satisfied about the identity of the person signing the consent; and

• (b)

  the consent was signed in the person’s presence.

[10]Schedule 5, items 11 and 12

substitute

11	Subject to subsection 3 (2A) of the Commonwealth Powers (Family Law — Children) Act 1986, the Adoption Act 1984	Victoria
12	Subject to subsection 3 (2A) of the Commonwealth Powers (Family Law — Children) Act 1986, the Children and Young Persons Act 1989 in relation to: (a) sections 15, 68-70, 73, 74, 77‑80B, 83 and 84 and subsection 66 (1); and (b) section 85 (except subparagraph 85 (1) (a) (i) and in relation to subparagraph 85 (1) (a) (ii) only to the extent that the order is subject to a condition relating to where a child is to live); and	Victoria
(c) sections 91-95 (but where sections 91-94 and paragraphs 95 (5) (a) and (b) 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
(d) sections 96-102 (except where subsection 97 (4) 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
(e) sections 104-112 (except where subsections 105 (2) and 109 (3) 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
(f) sections 115-117, 122-124, 126 and 265; and (g) section 271 (to the extent that that section applies to a person in the care or custody of the Director-General under paragraph 271 (1) (a) or placed or in safe custody under paragraph 271 (1) (ba) or (c)).

Notes

1. These regulations amend Statutory Rules 1984 No. 426, as amended by 1985 No. 183, 1986 Nos. 140 and 393; 1987 Nos. 85 and 175; 1988 Nos. 42, 44, 164 and 165; 1989 Nos. 8, 53, 74, 155, 205, 235 and 326; 1990 Nos. 294 and 373; 1991 Nos. 401 and 447 (disallowed by the Senate on 3 March 1992); 1992 Nos. 33, 160, 287, 376 and 404; 1994 Nos. 86 and 343; 1995 Nos. 297, 400 and 419; 1996 Nos. 71, 188 (as amended by 1996 No. 201), 253 and 265; 1997 Nos. 157 (disallowed by the Senate on 24 November 1997), 232, 251 and 376; 1998 Nos. 39, 121, 222 and 270.

2. Made by the Governor-General on 9 December 1998, and notified in the Commonwealth of Australia Gazette