Family Law Regulations 1984 (Cth)

Family Law Regulations 1984

Statutory Rules No. 426, 1984

made under the

Family Law Act 1975

Compilation No. 74

Compilation date: 1 August 2024

Includes amendments: F2024L00668

Registered: 1 August 2024

About this compilation

This compilation

This is a compilation of the Family Law Regulations 1984 that shows the text of the law as amended and in force on 1 August 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part IPreliminary 1Name of regulations

These regulations are the Family Law Regulations 1984.

2Authority

These Regulations are made under the Family Law Act 1975.

3Definitions

Note: A number of expressions used in these Regulations are defined in the Act, including the following:
(a) applicable Rules of Court;
(b) Chief Executive Officer;
(c) Federal Circuit and Family Court of Australia;
(d) standard Rules of Court.
In these Regulations:
Act means the Family Law Act 1975.
application means an application to a court for the purpose of instituting proceedings under the Act or an application to a relevant Registrar made under these Regulations.
certified copy means a copy of an order, decree or document certified to be a true copy by an officer of the court that made the order or by which the order has been registered or confirmed or, in the case of an overseas order, by the Secretary.
Child Support Registrar means the Child Support Registrar mentioned in section 10 of the Child Support (Registration and Collection) Act 1988.
filed has the same meaning as in the applicable Rules of Court.
Hague Service Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague on 15 November 1965.
intervener means, in relation to proceedings, the Attorney‑General or any other person when intervening or applying to intervene under Part IX of the Act, or a child independently represented under subsection 68L(2) of the Act.
legal practitioner means a person enrolled as a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court of Australia, or of the Supreme Court of a State or Territory.
party to proceedings means an applicant, respondent or intervener in proceedings under the Act.
relevant Registrar of a court means:
(a)
in relation to the Federal Circuit and Family Court of Australia (Division 1)—the following:
(i)
the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court of Australia Act 2021);
(ii)
a Senior Registrar or Registrar of that court; or
(b)
in relation to the Federal Circuit and Family Court of Australia (Division 2)—the following:
(i)
the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court of Australia Act 2021);
(ii)
a Senior Registrar or Registrar of that court; or
(c)
in relation to any other court—the principal officer of the court or any other appropriate officer or staff member of the court.
respondent means, in relation to proceedings, a party to the proceedings other than an applicant or an intervener.
sealed means sealed with the seal of the court or otherwise endorsed by an officer of the court.
Secretary means:
(a)
the Secretary of the Attorney‑General’s Department; or
(b)
a person authorised by the Secretary to perform a function in relation to which the expression is used.
Shared Parental Responsibility Act means the Family Law Amendment (Shared Parental Responsibility) Act 2006.
the former Regulations means Statutory Rules 1975 No. 210 as amended by the other Statutory Rules repealed by regulation 78.

Part IIGeneral 4Directions as to practice and procedure

(1)
Where a court is satisfied in the circumstances of a particular case that:
(a)
the provisions of the Act, these Regulations and the applicable Rules of Court do not make adequate provision for practice and procedure; or
(b)
a difficulty arises or doubt exists as to practice and procedure;
the court may give such directions with respect to the practice and procedure to be followed in the case as the court considers necessary.
(3)
Directions under this regulation shall be directed to providing a speedy and inexpensive hearing of the matters in issue between the parties and shall be consistent with these Regulations and the applicable Rules of Court.

5Non‑compliance with Regulations

(1)
Non‑compliance with these Regulations, or with a rule of practice or procedure in a court exercising jurisdiction under the Act, does not render proceedings in that court void unless the court so directs.
(2)
In exercising its discretion under this regulation, the court shall have regard to the real merits of the case, the minimizing of expense, and whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with these Regulations.
(3)
In relation to proceedings that commenced before the commencement of these Regulations, a reference, in subregulation (1), to these Regulations shall be read as including a reference to the former Regulations in their application to those proceedings.

6Court or relevant Registrar may relieve from consequences of non‑compliance

(1)
Subject to the Act and these Regulations:
(a)
the court or a relevant Registrar may, at any time, upon such terms as the court or relevant Registrar thinks fit, relieve a party from the consequences of non‑compliance with these Regulations, a rule of practice and procedure of the court applicable to the proceedings or an order made by a relevant Registrar;
(b)
the court may at any time, upon such terms as the court thinks fit, relieve a party from the consequences of non‑compliance with an order made by a court; and
(c)
the court may, upon such terms as the court thinks fit, dispense with the need for compliance by a party with any provision of these Regulations.
(2)Where these Regulations fail to make provision on any matter, the court is empowered to give, and shall give, such directions as to practice and procedure as the court thinks fit.
(3)
In relation to proceedings that commenced before the commencement of these Regulations, a reference, in subregulation (1) or (2), to these Regulations shall be read as including a reference to the former Regulations in their application to those proceedings.

7Appointment of family consultants

For the purposes of paragraph 11B(c) of the Act, a family consultant may be appointed in writing by the Chief Executive Officer.

8Prescribed information about non‑court based family services and court’s processes and services (Act s 12B)

For section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:
(a)
the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and
(b)
the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and
(c)
the steps involved in the proposed proceedings; and
(d)
the role of family consultants; and
(e)
the arbitration facilities available to arbitrate disputes in relation to separation and divorce.

8APrescribed information about reconciliation (Act s 12C)

For section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.
Note: Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.

8BPrescribed information about Part VII proceedings (Act s 12D)

For section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.
Note: Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.

10AProceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court (Act s 44A)

For section 44A of the Act, proceedings for a divorce order in relation to a marriage may not be instituted in, or transferred to, a court of summary jurisdiction other than the following prescribed courts:
(a)
a court constituted by a stipendiary magistrate who is the Principal Registrar, or a Registrar, of the Family Court of Western Australia;
(b)
the Magistrates Court constituted by section 4 of the Magistrates Court Act 1930 of the Australian Capital Territory;
(c)
the Court of Petty Sessions of Norfolk Island.

12APrescribed pensions, allowances or benefits – subsection 4(1) of the Act

For the purposes of the definition of income tested pension, allowance or benefit in subsection 4(1) of the Act, each of the following pensions, allowances or benefits is prescribed:
(a)
the following entitlements under the Veterans’ Entitlements Act 1986:
(i)
a service pension within the meaning given by subsection 5Q(1) of that Act;
(ii)
a veteran payment within the meaning given by subsection 5Q(1) of that Act;
(iii)
income support supplement under Part IIIA of that Act;
(b)
a social security pension or a social security benefit within the meaning given by subsection 23(1) of the Social Security Act 1991;
(c)
a family tax benefit within the meaning given by subsection 3(1) of the A New Tax System (Family Assistance) Act 1999, the Part A rate of which is higher than the base rate under clause 4 of Schedule 1 to that Act;
(ca)
so much of an allowance under the Aboriginal study assistance scheme, within the meaning given by subsection 23(1) of the Social Security Act 1991, as is means tested;
(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;
(e)
a payment under the scheme known as the New Enterprise Incentive Scheme;
(ea)
a payment under the program known as:
(i)
the Self‑Employment Assistance program; or
(ii)
if the Self‑Employment Assistance program is known by another name—that other name;
(f)
an AUSTUDY benefit under Part 2 of the Student and Youth Assistance Act 1973 as in force immediately before 1 July 1998.
Note: For the purposes of subparagraph (ea)(ii), if the name of the Self‑Employment Assistance program changes, notice must be given of that change (see subsection 23(25) of the Social Security Act1991).

12BChild welfare law – prescribed law of a State or Territory

(1)
For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each of the following classes of laws is prescribed, namely, any law of:
(a)
the State of New South Wales;
(b)
the State of Victoria;
(c)
the State of Queensland;
(d)
the State of Western Australia;
(e)
the State of South Australia;
(f)
the State of Tasmania;
(g)
the Australian Capital Territory;
(h)
the Northern Territory; or
(i)
the Territory of Norfolk Island;
that relates to the imprisonment, detention or residence of a child upon being dealt with for a criminal offence.
(2)
For the purposes of the definition of child welfare law in subsection 4(1) of the Act, each law specified in Column 2 of an item in Schedule 5, being a law of the State or Territory specified in Column 3 of that item, is prescribed.

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

For paragraph (a) of the definition of child welfare officer in subsection 4(1) of the Act, each of the following is a prescribed office:
(a)
for New South Wales—the offices of:
(i)
Minister for Family and Community Services, in relation to the Adoption Act 2000 (NSW) and the Children and Young Persons (Care and Protection) Act 1998 (NSW); and
(ii)
Minister for Disability Services, in relation to the Guardianship Act 1987 (NSW);
(b)
for Tasmania—the office of Secretary of the Department of Communities Tasmania;
(c)
for Victoria—the office of Secretary of the Department of Health and Human Services;
(d)
for Queensland—the office of the Chief Executive of the Department of Child Safety, Youth and Women;
(e)
for the Australian Capital Territory—the offices of:
(i)
Director‑General of the Community Services Directorate; and
(ii)
Chief Psychiatrist appointed under subsection 196(1) of the Mental Health Act 2015 (ACT);
(f)
for the Northern Territory—the office of the Minister for Territory Families.

12BBFamily violence order – prescribed laws of State or Territory

For the purposes of the definition of family violence order in subsection 4(1) of the Act, each of the laws specified in column 2 of an item in Schedule 8 is a prescribed law of the State or Territory set out in column 3 of that item.

12BCDe facto relationships – prescribed laws and relationships

For paragraph 4AA(2)(g) of the Act, the following are prescribed:
(a)
a law mentioned in an item of the following table;
(b)
a kind of relationship, mentioned in the item, that is or was registered under the law.

Registered relationships
Item	Column 1 Law	Column 2 Kind of relationship
1	Relationships Register Act 2010 (NSW)	A relationship that may be registered in accordance with Part 2 of that Act
2	Relationships Act 2008 (Vic.)	A registrable domestic relationship that may be registered in accordance with Part 2.2 of that Act
3	Civil Partnerships Act 2011 (Qld)	A relationship that may be entered into in accordance with sections 4 and 5 of that Act
4	Relationships Register Act 2016 (SA)	A relationship that may be registered in accordance with Part 2 of that Act
5	Relationships Act 2003 (Tas.)	A significant relationship in relation to which a deed of relationship may be registered in accordance with Part 2 of that Act
6	Domestic Relationships Act 1994 (ACT)	A civil partnership that may be entered into in accordance with sections 37C and 37D of that Act
7	Births, Deaths and Marriages Registration Act 1997 (ACT)	A civil union that must be registered under section 32A of that Act

12CArtificial conception procedures: child of woman and other intended parent – prescribed laws

For subparagraph 60H(1)(b)(ii) of the Act, the laws mentioned in the following table are prescribed.

Item	Law
1	Status of Children Act 1996 (NSW)
2	Status of Children Act 1974 (Vic), sections 10A, 10B, 10C, 10D, 10E, 13 and 14
3	Status of Children Act 1978 (Qld), sections 17, 18, 19, 19C, 19D and 19E
4	Artificial Conception Act 1985 (WA)
5	Family Relationships Act 1975 (SA), sections 10C and 10EA
6	Status of Children Act 1974 (Tas), Part III
7	Parentage Act 2004 (ACT), section 11
8	Status of Children Act 1978 (NT), sections 5A, 5B, 5C, 5D, 5DA, 5E and 5F

12CAArtificial conception procedures: child of woman – prescribed laws

For paragraph 60H(2)(b) of the Act, the laws mentioned in the following table are prescribed.

Item	Law
1	Status of Children Act 1996 (NSW), section 14
1A	Status of Children Act 1974 (Vic), section 15 and 16
2	Status of Children Act 1978 (Qld), section 23
3	Artificial Conception Act 1985 (WA)
4	Family Relationships Act 1975 (SA), section 10C
5	Status of Children Act 1974 (Tas), Part III
6	Parentage Act 2004 (ACT), subsections 11(2) and (3)
7	Status of Children Act 1978 (NT), sections 5B, 5C and 5E

12CAAChildren born under surrogacy arrangements – prescribed laws

For subsection 60HB(1) of the Act, the laws mentioned in the following table are prescribed.

Item	Law
1	Status of Children Act 1974 (Vic), section 22
2	Surrogacy Act 2010 (Qld), section 22
3	Surrogacy Act 2008 (WA), section 21
4	Parentage Act 2004 (ACT), section 26
5	Family Relationships Act 1975 (SA), section 10HB, as that section was in force immediately before it was repealed by the Surrogacy Act 2019 (SA)
5A	Surrogacy Act 2019 (SA), section 18
6	Surrogacy Act 2010 (NSW), section 12
7	Surrogacy Act 2012 (TAS), sections 16 and 22
8	Surrogacy Act 2022 (NT), section 34

12CABOther circumstances in which court may hear application for Part VII order (Act s 60I(9)(f))

For paragraph 60I(9)(f) of the Act, the circumstance that an application has been made to the court for any other order in proceedings in which a certificate under subsection 60I(8) of the Act has been filed is specified.

12CBCommonwealth information orders – prescribed Departments and Commonwealth instrumentalities

For the purposes of paragraph 67N(3)(b) of the Act, the following Departments and Commonwealth instrumentalities are prescribed:
(a)
Department of Jobs and Small Business;
(b)
Department of Foreign Affairs and Trade;
(c)
Department of Health;
(d)
Department of Home Affairs;
(e)
Services Australia;
(f)
Department of Veterans’ Affairs;
(g)
Australian Institute of Family Studies;
(h)
Department of Education and Training;
(i)
Department of Social Services.

12CBAInformation sharing agencies

For the purposes of section 67ZBC of the Act, each of the following is prescribed as an information sharing agency:
(a)
the police force or police service of a State or Territory;
(b)
the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;
(c)
the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;
(d)
the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;
(e)
either:
(i)
the Department of a State or Territory that has primary responsibility for child protection in that State or Territory; or
(ii)
if, in a State or Territory, only a part of a Department has primary responsibility for child protection—that part of the Department.

12CBBInformation sharing safeguards

(1)
For the purposes of subsection 67ZBI(1) of the Act, this regulation prescribes information sharing safeguards that:
(a)
an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act; and
(b)
the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 67ZBD or 67ZBE, or under subsection 67ZBD(5) or 67ZBE(5), of the Act.

Note: For the purposes of paragraph (b), use includes handle, store and access: see subsection 67ZBI(3) of the Act.
Extent material is to be provided, stored or used
(2)
Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent:
(a)
that the material relates to a matter mentioned in subsection 67ZBD(2) or 67ZBE(2) of the Act; or
(b)
required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 67ZBD or 67ZBE of the Act).
Reasonable care to be taken to protect from physical and psychological harm
(3)
The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.
Prevention of improper provision, storage and use
(4)
The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.
(5)
Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially, poses a risk of subjecting or exposing any of the following to abuse, neglect or family violence:
(a)
a party to the proceedings;
(b)
a child to whom the proceedings relates;
(c)
another person to whom the shared material relates;
unless the access or disclosure is in accordance with an order of a court.
(6)
The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to:
(a)
a party to the proceedings; or
(b)
a child to whom the proceedings relates; or
(c)
another person to whom the shared material relates.
Correction of errors
(7)
If the information sharing agency becomes aware that the shared material is incorrect, then as soon as possible:
(a)
the information sharing agency is to notify the court of the correction; and
(b)
subject to subregulation (10), the court is to correct its records accordingly.
Requests for documents or information not in possession or control
(8)
If:
(a)
an information sharing agency receives an order under section 67ZBD or 67ZBE of the Act relating to a matter; and
(b)
the information sharing agency does not have in its possession or control any documents or information relating to the matter;
then, subject to subregulation (10), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.
(9)
If:
(a)
a person requests access to the shared material or to material that is purported to be shared material provided to the court; and
(b)
the court does not have such material in its possession or control;
then, subject to subregulation (10), the court is to destroy or redact its records relating to the request.
Record‑keeping obligations not affected
(10)
Subregulations (7), (8) and (9) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court.

12CCRegistration of court decision (Act s 68R(6))

(1)
For subsection 68R(6) of the Act, if, in relation to family violence proceedings before a court, the court:
(a)
makes or varies a family violence order (whether or not by interim order); and
(b)
revives, varies, discharges or suspends an order, injunction or arrangement mentioned in subsection 68R(1) of the Act;
the relevant Registrar of the court must send a sealed copy of the decision mentioned in paragraph (b) to the relevant Registrar of the court that made the order, injunction or arrangement so revived, varied, discharged or suspended, as soon as practicable.
(2)
On receiving the sealed copy of the decision, the relevant Registrar must register the decision by:
(a)
filing the sealed copy; and
(b)
noting on the sealed copy the fact and date of registration.
Note: For the definition of family violence order, see subsection 4(1) of the Act and regulation 12BB.

12CEEvidence relating to professional confidential relationship privilege – prescribed laws

For paragraph 69ZX(4)(b) of the Act, each law mentioned in an item in Schedule 9A, being a law of the State or Territory mentioned in the item, is prescribed.

12DRegistration of State child orders – prescribed States

For the purposes of section 70C of the Act, each of the following States and Territories is a prescribed State:
(a)
the State of New South Wales;
(b)
the State of Victoria;
(ba)
the State of Queensland;
(bb)
the State of Western Australia;
(c)
the State of South Australia;
(d)
the State of Tasmania;
(e)
the Australian Capital Territory;
(f)
the Northern Territory;
(g)
the Territory of Norfolk Island.

13Authentication of consent in writing

For subparagraphs 65Y(1)(c)(i), 65YA(1)(b)(i), 65Z(1)(c)(i), 65ZAA(1)(b)(i), 65ZA(1)(g)(i) and 65ZB(1)(g)(i) 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.

14Meaning of prescribed overseas jurisdiction

For the purposes of the definition of prescribed overseas jurisdiction in subsection 4(1) of the Act:
(a)
each country or part of a country, set out in column 2 of an item in Schedule 1A is declared to be a prescribed overseas jurisdiction for the purposes of:
(i)
subsection 4(1) of the Act, in relation to the definition of overseas child order; and
(ii)
sections 70M and 70N of the Act; and
(b)
each country, or part of a country, set out in Schedule 2 as a reciprocating jurisdiction is declared to be a prescribed overseas jurisdiction for the purposes of:
(i)
subsection 4(1) of the Act, in relation to the definition of overseas maintenance agreement; and
(ii)
paragraph 89(b) of the Act.

14APrescribed maximum period – sentence or order (Act s 70NFC(6), 112AG(6))

For the definitions of maximum period in subsections 70NFC(6) and 112AG(6) of the Act, 200 hours is prescribed in relation to each State and Territory.

15Institution etc of proceedings by persons holding certain offices

(1)
For the purposes of sections 69D and 89A and paragraph 125(1)(f) of the Act, each of the following offices under a law of a State or of a Territory is specified:
(a)
Collector of Maintenance;
(b)
Deputy Collector of Maintenance;
(c)
Assistant Collector of Maintenance.
(2)
A person for the time being holding an office referred to in subregulation (1) is authorized, in his or her discretion, to institute, continue or prosecute proceedings with respect to the maintenance of a party to a marriage or of a child, on behalf of that party or child.
(3)
For the purposes of paragraph 125(1)(f) of the Act, each person for the time being holding an office referred to in subregulation (1), and each officer of a court of summary jurisdiction of a State or Territory, is a person entitled, in his or her discretion, to institute, continue or prosecute proceedings, on behalf of the person entitled to moneys payable under child maintenance order under Part VII of the Act, or a maintenance order under Part VIII of the Act, for the purpose of enforcing payment of those moneys.

15AAThird party expenses (Act s 90AJ)

(1)
For subsection 90AJ(4) of the Act, this regulation provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) in relation to those expenses.
(2)
A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.
(3)
Without limiting subregulation (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.
Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:
· legal and registration fees
· valuation fees
· government charges and duties
· searching, obtaining and producing documents
· postage, delivery, transport or other transmission of documents
· communications with the parties to the marriage or another person.
(4)
Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.
(5)
Jurisdiction is conferred on a court having jurisdiction under the Act:
(a)
to decide whether fees charged by a third party under subregulation (2) are reasonable; and
(b)
to make an order in relation to the collection or recovery of such reasonable fees.

15ABDe facto relationships – prescribed laws

For paragraph 90SB(d) of the Act, the laws mentioned in the following table are prescribed.

Item	Law
1	Relationships Register Act 2010 (NSW)
2	Relationships Act 2008 (Vic.)
3	Civil Partnerships Act 2011 (Qld)
4	Relationships Register Act 2016 (SA)
5	Relationships Act 2003 (Tas.)
6	Domestic Relationships Act 1994 (ACT)
7	Births, Deaths and Marriages Registration Act 1997 (ACT)

17Registration of decrees

(1)
A decree (other than a divorce order or a decree of nullity of marriage) may be registered in any court having jurisdiction under the Act by filing a sealed copy of the decree in that court.
(2)
For the purposes of subregulation (1), a decree may be filed:
(a)
by a party to the proceedings in which the decree was made;
(b)
by a child entitled to benefit under the decree;
(c)
by an officer of the court;
(d)
by an officer, authority or person entitled under paragraph 125(1)(f) of the Act to take proceedings for the enforcement of the decree; or
(e)
with the leave of the court, by any other person.
(3)
A decree filed and registered under subregulation (1) shall be numbered in accordance with the applicable Rules of Court.

17ADeclaration – definition of forfeiture order

Each kind of order declared by regulation 5 of the Proceeds of Crime Regulations 2002 to be within the definition of interstate forfeiture order in section 338 of the Proceeds of Crime Act 2002 is declared to be a forfeiture order for the purposes of paragraph (b) of the definition of forfeiture order in subsection 4(1) of the Act.

17BDeclaration – definition of restraining order

Each kind of order declared by regulation 7 of the Proceeds of Crime Regulations 2002 to be within the definition of interstate restraining order in section 338 of the Proceeds of Crime Act 2002 is declared to be a restraining order for the purposes of paragraph (b) of the definition of restraining order in subsection 4(1) of the Act.

17CDefinition of State or Territory proceeds of crime law

Each law declared by regulation 4 of the Proceeds of Crime Regulations 2002 to be a law that corresponds to the Proceeds of Crime Act 2002 is, for the definition of State or Territory proceeds of crime law in subsection 4(1) of the Act, declared to be a law that corresponds to the Proceeds of Crime Act 2002.

17DDefinition of proceeds of crime authority

Forfeiture orders
(1)
For subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.

Item	Person or body
1	The Commission, within the meaning of the Criminal Assets Recovery Act 1990 of New South Wales
2	An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 of New South Wales
3	The DPP, within the meaning of the Confiscation Act 1997 of Victoria
4	An appropriate officer, within the meaning of the Confiscation Act 1997 of Victoria
5	A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 of Victoria
6	The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland
7	A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland, for the purposes of subparagraph 12(1)(a)(ii) of that Act
8	An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland
9	The DPP, within the meaning of the Criminal Property Confiscation Act 2000 of Western Australia
10	The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 of South Australia
11	An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 of Tasmania
12	The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory
13	The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 of the Northern Territory
14	A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 of the Northern Territory

Restraining Orders
(2) For subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.

Item	Person or body
1	The Commission, within the meaning of the Criminal Assets Recovery Act 1990 of New South Wales
2	An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 of New South Wales
3	An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 of New South Wales
4	The DPP, within the meaning of the Confiscation Act 1997 of Victoria
5	An appropriate officer, within the meaning of the Confiscation Act 1997 of Victoria
6	A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16(2) of the Confiscation Act 1997 of Victoria
7	A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K(1) of the Confiscation Act 1997 of Victoria
8	The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland
9	A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland, for the purposes of subparagraph 12(1)(a)(ii) of that Act
10	An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland
11	The DPP, within the meaning of the Criminal Property Confiscation Act 2000 of Western Australia
12	A police officer, within the meaning of the Criminal Property Confiscation Act 2000 of Western Australia
13	The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 of South Australia
14	An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 of South Australia
15	An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 of Tasmania
16	The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory
17	The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 of the Northern Territory
18	A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 of the Northern Territory

Forfeiture applications
(3)
For subsection 4C(4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority, in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.

Item	Person or body
1	The Commission, within the meaning of the Criminal Assets Recovery Act 1990 of New South Wales
2	An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 of New South Wales
3	The DPP, within the meaning of the Confiscation Act 1997 of Victoria
4	An appropriate officer, within the meaning of the Confiscation Act 1997 of Victoria
5	A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37(1) of the Confiscation Act 1997 of Victoria
6	The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland
7	A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland, for the purposes of subparagraph 12(1)(a)(ii) of that Act
8	An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland
9	The DPP, within the meaning of the Criminal Property Confiscation Act 2000 of Western Australia
10	The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 of South Australia
11	An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 of Tasmania
12	The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory
13	The DPP, within the meaning of the Criminal Property Forfeiture Act 2002 of the Northern Territory
14	A police officer, within the meaning of the Criminal Property Forfeiture Act 2002 of the Northern Territory

18Interstate enforcement of affiliation and similar orders

(1)
This regulation applies to orders to which section 109 of the Act applies.
(2)
A reference in this regulation to an order made by a court shall be read as including a reference to an order made by another court on an appeal in connection with proceedings that originated in the first‑mentioned court.
(3)
For the purposes of this regulation, a person working in a place, whether temporarily or permanently, shall be deemed to be resident in that place as well as in the place in which he or she is in fact resident.
(4)
Where an order to which this regulation applies is still in force and it appears that the person against whom the order has been made is resident in, or proceeding to, a State or Territory, other than the State or Territory in which the order was made, the relevant Registrar of the court in the State or Territory in which the order was made may, of his or her own motion, or on the application of a person for whose benefit the order was made, send to a court having jurisdiction under the Act in that other State or Territory:
(a)
3 certified copies of the order;
(b)
a certificate setting out the amounts payable and remaining unpaid under the order;
(c)
such information and material (if any) as the relevant Registrar possesses for ascertaining the identity and whereabouts of the person against whom the order has been made; and
(d)
a request in writing that the order be made enforceable in that State or Territory.
(5)
Where the relevant Registrar of a court receives the documents referred to in subregulation (4), the relevant Registrar of that court shall, if there are reasonable grounds for believing that the person against whom the order has been made is resident in or proceeding to the area over which the court has jurisdiction, register the order by filing in the court a certified copy of the order and certificate and noting the fact and date of the registration on that certified copy.
(6)
An order registered under subregulation (5) is, until the registration is cancelled, enforceable in the court in which the certified copy of the order is filed both with respect to any moneys or arrears presently payable under the order and with respect to amounts becoming due under the order after it is so registered as if it were an order made under the Act.
(7)
Upon registration under subregulation (5) of an order, the relevant Registrar of the court shall:
(a)
notify the relevant Registrar of the requesting court of the registration; and
(b)
cause a certified copy of the order to be served upon the person against whom the order has been made, together with a notice of registration of the order in the court specifying:
(i)
the amount, if any, (including arrears) due under the order; and
(ii)
the person, authority or court to whom or to which money payable under the order is to be paid.

(8)
Service of the documents may be effected by:
(a)
delivering the documents to the person personally; or
(b)
sending the documents by prepaid post to the person at the person’s last known address; or
(c)
posting, faxing or delivering the documents to the person at the person’s address for service within the meaning of the applicable Rules of Court.
(8A)
Documents served under paragraph 8(b) must be accompanied by a form of acknowledgment of service for completion by the person served.
(9)
Where an order has been registered in a court in accordance with this regulation and there are reasonable grounds for believing that the person against whom the order has been made is no longer resident in the State or Territory in which the order has been registered but is or is about to be resident in another State or Territory, the relevant Registrar of the court in which the order has been registered shall forthwith notify the relevant Registrar of the court in which the order was made accordingly and shall give to that relevant Registrar such information as the relevant Registrar of the first‑mentioned court possesses concerning the whereabouts and intended movements of that person.
(10)
Where:
(a)
an order has been registered in accordance with this regulation; and
(b)
the relevant Registrar of a court receives from the requesting court a request in writing that the order be no longer enforced;
the relevant Registrar shall cancel the registration by noting the fact and date of the cancellation on the certified copy of the order filed in the court.
(11)
Upon the cancellation of the registration of an order:
(a)
the order ceases to be enforceable by the court in which it has been registered;
(b)
the order remains unenforceable by that court unless and until it is again registered in that court; and
(c)
every warrant or other process arising out of the registration of the order ceases to have force or effect.
(12) Where:
(a)
an order to which this regulation applies made by a court in a State or Territory was, before the commencement of the Act, registered in a court in another State or Territory (being a court that has jurisdiction under the Act); and
(b)
the registration had not been cancelled before the commencement of this subregulation;
subregulations (6), (9), (10) and (11) apply in relation to that order as if it were an order registered in the last‑mentioned court in accordance with this regulation.

19Operation of State and Territory laws – prescribed laws (Act s 114AB)

For section 114AB of the Act, the following are prescribed laws:
(a)
the Crimes (Domestic and Personal Violence) Act 2007 (NSW);
(b)
the Family Violence Protection Act 2008 (Vic);
(c)
the Domestic and Family Violence Protection Act 2012 (Qld) and the Peace and Good Behaviour Act 1982 (Qld);
(d)
Parts 1 to 6 of the Restraining Orders Act 1997 (WA);
(e)
the Intervention Orders (Prevention of Abuse) Act 2009 (SA);
(f)
the Family Violence Act 2004 (Tas) and Part XA of the Justices Act 1959 (Tas);
(g)
the Family Violence Act 2016 (ACT);
(h)
the Domestic and Family Violence Act 2007 (NT);
(i)
the Domestic Violence Act 1995 (NI).

19AExceptions to restriction on publishing Court proceedings – States and Territories authorities that have responsibilities relating to the welfare of children

For paragraph 121(9)(aa) of the Act, each of the following authorities is prescribed:
(a)
for New South Wales—the Department of Family and Community Services;
(b)
for Victoria—the Department of Health and Human Services;
(c)
for Queensland—the Department of Child Safety, Youth and Women;
(d)
for Western Australia—the Department of Communities;
(e)
for South Australia—the Department for Child Protection;
(f)
for Tasmania—the Department of Communities Tasmania;
(g)
for the Australian Capital Territory—the Community Services Directorate;
(h)
for the Northern Territory—Territory Families.

20Priority of attachment orders

For the purposes of the Maintenance Orders (Commonwealth Officers) Act 1966, an order made under the applicable Rules of Court for the attachment of moneys payable by the Commonwealth, a State, a Territory or the Administration of a Territory or by an authority of the Commonwealth, of a State or of a Territory (other than moneys as to which it is provided by any law of the Commonwealth, of a State or of a Territory that they are not liable to attachment) shall be regarded as having been made under this regulation and shall have the same force and effect as an order made under the Third Schedule to the repealed Act.

21Conversion of currency

(1)
If the Child Support Registrar has calculated the amount in Australian currency (the Australian amount) that is equivalent to an amount expressed in a currency of an overseas country in a document to which this regulation applies, the calculation done by the Child Support Registrar also applies for these Regulations.
(2)
If the Child Support Registrar has not done the calculation mentioned in subregulation (1), the calculation must be done in the way set out in this regulation.
(3)
The Australian amount is calculated by using the telegraphic transfer rate of exchange prevailing on the day on which the order, agreement or liability relevant to the document becomes enforceable in Australia.
(4)
If the Secretary calculates the Australian amount for a document to which this regulation applies, the Secretary must endorse on the document the rate of exchange used for the calculation.
(5)
This regulation applies to the following documents:
(a)
an overseas maintenance order (including a provisional order);
(b)
an overseas maintenance agreement;
(c)
a document about an overseas maintenance entry liability for Division 2 in Part III;
(d)
a certificate or notice, originating in an overseas jurisdiction, about an overseas maintenance order or agreement.

Part IIAAAProtected names and symbols 21AAAProtected names (Act s 9A)

For the definition of protected name in subsection 9A(4) of the Act, each of the names specified in Schedule 10 is prescribed.

21AABProtected symbols (Act s 9A)

(1)
Each symbol whose design is set out in Schedule 11 is a protected symbol for the purposes of the definition of that term in subsection 9A(4) of the Act.
(2)
A symbol mentioned in subregulation (1) does not cease to be a protected symbol by reason only of the symbol being expressed in a colour, combination of colours, font or size different from that set out in Schedule 11.

Part IIABService under the Hague Service ConventionDivision 1Preliminary

Note 1: This Part forms part of a scheme to implement Australia’s obligations under the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as ‘other ‘ or ‘additional ‘ authorities (under Article 18 of the Convention).
Note 2: This Part provides (in Division 2) for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and (in Division 3) for default judgment in proceedings in the court after service overseas of such a document.
Note 3: The Attorney‑General’s Department of the Commonwealth maintains a copy of the Convention, a list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries. A copy of the Convention can be found at level="5">21ACDefinitions for Part IIAB
In this Part:
additional authority, for a Convention country, means an authority that is:
(a)
for the time being designated by the country, under Article 18 of the Hague Service Convention, to be an authority (other than the Central Authority) for the country; and
(b)
competent to receive requests for service abroad emanating from Australia.
applicant, for a request for service abroad, means the person on whose behalf service is requested.
Note: The term applicant may have a different meaning in other provisions of these Regulations.
Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Service Convention, to be the Central Authority for that country.
certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Service Convention.
certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Service Convention, to complete certificates of service in the form annexed to the Hague Service Convention.
civil proceedings means any judicial proceedings in relation to civil or commercial matters.
Convention country means a country, other than Australia, that is a party to the Hague Service Convention.
defendant, for a request for service abroad of an initiating process, means the person on whom the initiating process is requested to be served.
foreign judicial document means a judicial document that originates in a Convention country and relates to civil proceedings in a court of that country.
forwarding authority means the relevant Registrar.
initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are commenced.
local judicial document means a judicial document that relates to civil proceedings in the court.
request for service abroad means a request for service in a Convention country of a local judicial document mentioned in subregulation 21AF(1).
21ADProvisions of this Part to prevail
The provisions of this Part prevail to the extent of any inconsistency between those provisions and any other provisions of these Regulations.
Division 2Service abroad of local judicial documents21AEApplication of Division
(1)
Subject to subregulation (2), this Division applies to service in a Convention country of a local judicial document.
(2)
This Division does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Service Convention.
21AFApplication for request for service abroad
(1)
A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority, for a request for service in a Convention country of a local judicial document.
(2)
The application must be accompanied by 3 copies of each of the following documents:
(a)
a draft request for service abroad, which must be in accordance with Part 1 of Form 1A in Schedule 1;
(b)
the document to be served;
(c)
a summary of the document to be served, which must be in accordance with Form 1B in Schedule 1;
(d)
if, under Article 5 of the Hague Service Convention, the Central Authority or any additional authority of the country to which the request is addressed requires the document to be served to be written in, or translated into, an official language of that country, a translation into that language or 1 of the official languages of both the document to be served and the summary of the document to be served.
(3)
The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant in the proceedings to which the local judicial document relates or, if there is no legal practitioner on the record for the applicant in the proceedings, by the applicant:
(a)
to be personally liable for all costs that are incurred:
(i)
by the employment of a person to serve the documents to be served, being a person who is qualified to do so under the law of the Convention country in which the documents are to be served; or
(ii)
by the use of any particular method of service that has been requested by the applicant for the service of the documents to be served; and
(b)
to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subregulation 21AH(3); and
(c)
to give such security for those costs as the relevant Registrar may require.
(4)
The draft request for service abroad:
(a)
must be completed (except for signature) by the applicant; and
(b)
must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and
(c)
must be addressed to the Central Authority, or to an additional authority, for the Convention country in which the person is to be served; and
(d)
may state that the applicant requires a certificate of service that is completed by an additional authority to be countersigned by the Central Authority.
(5)
Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:
(a)
that the translation is an accurate translation of the document to be served; and
(b)
the translator’s full name and address and his or her qualifications for making the translation.
21AGHow application to be dealt with
(1)
If satisfied that the application and its accompanying documents comply with regulation 21AF, the relevant Registrar:
(a)
must sign the request for service abroad; and
(b)
must forward 2 copies of the relevant documents:
(i)
if the applicant has asked for the request to be forwarded to a nominated additional authority for the Convention country in which service of the document is to be effected—to the nominated additional authority; or
(ii)
in any other case—to the Central Authority for the Convention country in which service of the document is to be effected.
(2)
The relevant documents mentioned in paragraph (1)(b) are the following:
(a)
the request for service abroad (duly signed);
(b)
the document to be served;
(c)
the summary of the document to be served;
(d)
if required under paragraph 21AF(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c).
(3)
If not satisfied that the application or any of its accompanying documents complies with regulation 21AF, the relevant Registrar must inform the applicant of the respects in which the application or document fails to comply.
21AHProcedure on receipt of certificate of service
(1)
Subject to subregulation (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the relevant Registrar:
(a)
must arrange for the original certificate to be filed in the proceedings to which the document relates; and
(b)
must send a copy of the certificate to:
(i)
the legal practitioner on the record for the applicant in the proceedings; or
(ii)
if there is no legal practitioner on the record for the applicant in the proceedings—the applicant.
(2)
For the purposes of subregulation (1), a certificate of service is in due form if:
(a)
it is in accordance with Part 2 of Form 1A in Schedule 1; and
(b)
it has been completed by a certifying authority for the Convention country in which service was requested; and
(c)
if the applicant requires a certificate of service that is completed by an additional authority to be countersigned by the Central Authority—it has been countersigned.
(3)
On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subregulation (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subregulation 21AF(3) a notice specifying the amount of those costs.
(4)
For the purposes of subregulation (3), a statement of costs is in due form if:
(a)
it relates only to costs of a kind mentioned in paragraph 21AF(3)(a); and
(b)
it has been completed by a certifying authority for the Convention country in which service was requested.
(5)
Subregulation (1) does not apply unless:
(a)
adequate security to cover the costs mentioned in subregulation (3) has been given under paragraph 21AF(3)(c); or
(b)
to the extent to which the security so given is inadequate to cover those costs, an amount equal to the amount by which those costs exceed the security so given has been paid to the relevant Registrar.
21AIPayment of costs
(1)
On receipt of a notice under subregulation 21AH(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the relevant Registrar the amount specified in the notice as the amount of the costs.
(2)
If the legal practitioner or applicant fails to pay that amount within 28 days after receiving the notice:
(a)
except by leave of the court, the applicant may not take any further step in the proceedings to which the local judicial document relates until the costs are paid to the relevant Registrar; and
(b)
the relevant Registrar may take such steps as are appropriate to enforce the undertaking for payment of the costs.
21AJEvidence of service
A certificate of service in relation to a local judicial document (being a certificate in due form, within the meaning of subregulation 21AH(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:
(a)
service of the document was effected by the method specified in the certificate on that date; and
(b)
if that method of service was requested by the applicant, that method is compatible with the law in force in the Convention country in which service was effected.
Division 3Default judgment following service abroad of initiating process21AKApplication of Division
This Division applies to civil proceedings for which an initiating process has been forwarded following a request for service abroad to the Central Authority (or to an additional authority) for a Convention country.
21ALRestriction on power to enter default judgment if certificate of service filed
(1)
This regulation applies if:
(a)
a certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subregulation 21AH(2)) that states that service has been duly effected; and
(b)
the defendant has not appeared or filed a notice of address for service.
(2)
In circumstances to which this regulation applies, default judgment may not be given against the defendant unless the court is satisfied that:
(a)
the initiating process was served on the defendant:
(i)
by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or
(ii)
if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to his or her residence) and that method is compatible with the law in force in the country, by that method; or
(iii)
if the applicant did not request a particular method of service, in circumstances where the defendant accepted the document voluntarily; and
(b)
the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.
(3)
In paragraph (2)(b), sufficient time means:
(a)
42 days from the date specified in the certificate of service in relation to the initiating process as the date on which service of the process was effected; or
(b)
such lesser time as the court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.
21AMRestriction on power to enter default judgment if certificate of service not filed
(1)
This regulation applies if:
(a)
a certificate of service of initiating process has not been filed in the proceedings; or
(b)
a certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subregulation 21AH(2)) that states that service has not been effected;

and the defendant has not appeared or filed a notice of address for service.
(2)
If this regulation applies, default judgment may not be given against the defendant unless the court is satisfied that:
(a)
the initiating process was forwarded to the Central Authority, or to an additional authority, for the Convention country in which service of the initiating process was requested; and
(b)
a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and
(c)
every reasonable effort has been made:
(i)
to obtain a certificate of service from the relevant certifying authority; or
(ii)
to effect service of the initiating process;
as the case requires.

21ANSetting aside judgment in default of appearance

(1)
This regulation applies if default judgment has been entered against the defendant in proceedings to which this Division applies.
(2)
If this regulation applies, the court may set aside the judgment on the application of the defendant if it is satisfied that the defendant:
(a)
without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and
(b)
has a prima facie defence to the proceedings on the merits.
(3)
An application to have a judgment set aside under this regulation may be filed:
(a)
at any time within 12 months after the date on which the judgment was given; or
(b)
after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.
(4)
Nothing in this regulation affects any other power of the court to set aside or vary a judgment.

Part IIACService in countries that are parties to conventions other than the Hague Service Convention 21AOApplication of Part

This Part applies to the service of a document in a convention country subject to the provisions of the convention.

21APDefinitions for Part IIAC

In this Part:
convention means a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.
convention country means a country that is a party to a convention (other than the Hague Service Convention), that is in force for Australia, about legal proceedings in civil and commercial matters.

21AQService in accordance with convention

If the convention provides that a document may be served in a convention country only in accordance with the convention, the document must be served in accordance with this Part.

21ARRequest for service

(1)
A party to proceedings may request service of a document relating to the proceedings on a person in a convention country by:
(a)
filing a request for service of the document in accordance with Forms 1A and 1B in Schedule 1; and
(b)
giving to the relevant Registrar of the court in which the proceedings are pending the following documents:
(i)
the document to be served;
(ii)
a translation of the document into the language of the convention country;
(iii)
copies of the document to be served and the translation;
(iv)
any further copies of the document and translation required by the convention.
(2)
The relevant Registrar must seal the documents mentioned in paragraph (1)(b) with the seal of the court and give them to the Secretary for transmission to the convention country for service.
(3)
For subparagraph(1)(b)(ii), the translation must include a certificate, in the language of the convention country, by the person who made the translation, certifying that it is a translation of the document of which it purports to be a translation.

21ASCertificate of service

(1)
A certificate certifying that a document has been served on a person on a date specified in the certificate is evidence of the matters stated in the certificate if:
(a)
it is made by a judicial authority in a convention country; and
(b)
it is received by the relevant Registrar in accordance with the convention.
(2)
If the document must be served by delivering it personally to the person, the certificate must state:
(a)
the means by which the person who served the document identified the person served; or
(b)
how the document came to the notice of the person on whom it was to be served.

Part IIAParentage testing procedures and reportsDivision 1General21AApplication of Part

This Part applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order made by the court under subsection 69W(1) of the Act.

21BInterpretation

In this Part, unless the contrary intention appears:
bodily sample is not limited to a sample of blood.
donor means the person required to provide a bodily sample for the purposes of a parentage testing procedure.
HLA means human leucocyte antigen.
NATA means the National Association of Testing Authorities, Australia.
nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory.
report means a report in accordance with regulation 21M.
sample means a sample taken from a donor for the purposes of a parentage testing procedure.
sampler means a person who takes a bodily sample from a donor for the purposes of a parentage testing procedure.
testing means the implementation, or any part of the implementation, of a parentage testing procedure.

21CParentage testing procedures

For the purposes of the definition of parentage testing procedure in subsection 4(1) of the Act, the following medical procedures are prescribed:
(a)
red cell antigen blood grouping;
(b)
red cell enzyme blood grouping;
(c)
HLA tissue typing;
(d)
testing for serum markers;
(e)
DNA typing.

21DCompliance with Regulations

A parentage testing procedure is taken to be carried out in accordance with these Regulations if:
(a)
it is carried out:
(i)
in compliance with Division 2; and
(ii)
at a laboratory that is accredited by NATA for the purpose of carrying out parentage testing procedures; and
(iii)
in accordance with standards of practice that entitle the laboratory to be so accredited; and
(b)
it is supplemented by a report under Division 3.

Division 2Collection, storage and testing of samples21ESamplers

A person must not take a bodily sample from a donor for the purposes of a parentage testing procedure unless:
(a)
the person is a registered medical practitioner; or
(b)
the person is employed by a hospital, a pathology practice, a parentage testing practice or a registered medical practitioner for the purpose of taking a bodily sample from a donor.

21FProvision of information by donor – Form 2

(1)
A sampler must not take a bodily sample from a donor unless the donor or, if appropriate, a person described in subregulation (3), has:
(a)
immediately before the sampler takes the bodily sample, completed an affidavit in accordance with Form 2 in Schedule 1, to which is attached a recent photograph of the donor named in the affidavit; and
(b)
either:
(i)
provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or
(ii)
made a written arrangement with the sampler for a photograph of that kind to be taken.
(2)
The photograph required by paragraph (1)(b) is in addition to the photograph that is required to be attached to Form 2.
(3)
If the donor is a child under the age of 18 years, or a person who is suffering from a mental disability, the affidavit referred to in paragraph (1)(a) may be completed only by:
(a)
in the case of a child under the age of 18 years—a person who is responsible for the long‑term care, welfare and development of the child; or
(b)
in the case of a person who is suffering from a mental disability:
(i)
a trustee or manager in relation to the person under a law of the State or Territory whose laws apply to the person; or
(ii)
a person who is responsible for the care, welfare and development of the person suffering from a mental disability.

21GCollection of blood samples

(1)
A sampler may take a sample of blood from a donor only with a needle or syringe that:
(a)
has not been used for any purpose; and
(b)
has been sterilised; and
(c)
is disposable.
(2)
Before taking a sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.

21HCollection of bodily samples for DNA typing

(1)
This regulation applies to the taking of a bodily sample (except a sample of blood) from a donor for the purposes of a parentage testing procedure that is DNA typing.
(2)
A sampler must not take a bodily sample from a donor with a swab unless the swab:
(a)
has not been used for any purpose; and
(b)
has been sterilised.
(3)
If the bodily sample to be taken from a donor is a skin scraping or a hair root, the implement used by the sampler to take the sample must have been sterilised before use.

21IContainer to be sealed and labelled

(1)
If a bodily sample is taken from a donor, the sampler must ensure that:
(a)
the sample is placed in a container:
(i)
immediately after it is taken; and
(ii)
in the presence of the donor; and
(b)
the container has not previously been used for any purpose; and
(c)
the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container; and
(d)
the container is labelled in a way that:
(i)
if the label, or any part of the label, were removed; or
(ii)
if writing on the label were impaired by alteration or erasure;
the removal of the label, or the impairment, would be evident on inspection of the container; and
(e)
the particulars on the label are inscribed in ink and include:
(i)
the full name of the donor; and
(ii)
the date of birth and the sex of the donor; and
(iii)
the date and time at which the sample was taken; and
(f)
when paragraph (e) is complied with—the sampler and the donor sign the label, in ink.
(2)
If the donor is a child under the age of 18 years:
(a)
the procedure specified in paragraph (1)(a) must be completed in the presence of the person who is responsible for the long‑term care, welfare and development of the child; and
(b)
the procedure specified in paragraph (1)(f) is taken to be satisfied only if the person who is responsible for the long‑term care, welfare and development of the child signs the label.
(3)
If the donor is a person who is suffering from a mental disability:
(a)
the procedure specified in paragraph (1)(a) must be completed in the presence of:
(i)
a trustee or manager in relation to the person under a law of the State or Territory whose laws apply to the person; or
(ii)
a person who is responsible for the care, welfare and development of the person suffering from a mental disability; and
(b)
the procedure specified in paragraph (1)(f) is taken to be complied with only if the label is signed:
(i)
by a trustee or manager in relation to the person under a law of the State or Territory whose laws apply to the person; or
(ii)
by a person who is responsible for the care, welfare and development of the person suffering from a mental disability.

21JStatement by sampler – Form 4

After taking a bodily sample from a donor, the sampler must:
(a)
complete a statement in accordance with Form 4 in Schedule 1; and
(b)
affix the photograph of the donor referred to in paragraph 21F(1)(b) to the statement; and
(c)
sign his or her name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.

21KPacking and storage requirements

(1)
A bodily sample must be packed, stored and transported to a laboratory for testing in a manner that:
(a)
will preserve the integrity of the sample; and
(b)
ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.
(2) The sampler must ensure that the following documents are sent to the laboratory with the sample:
(a)
the affidavit completed under paragraph 21F(1)(a);
(b)
the statement completed under regulation 21J.

21LTesting of bodily samples

(1)
A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed:
(a)
if the proposed procedure is red cell antigen blood grouping, red cell enzyme blood grouping or testing for serum markers—within 6 days after the sample is taken; or
(b)
if the proposed procedure is HLA tissue typing—within 3 days after the sample is taken; or
(c)
if the proposed procedure is DNA typing—within a reasonable time after the sample is taken.
(2)
If the proposed procedure is red cell enzyme blood grouping or testing for serum markers, paragraph (1)(a) is complied with if a dried sample of the bodily sample to be tested is prepared within 6 days after the sample is taken from the donor.

Division 3Reports21MReports – Form 5

(1)
For the purposes of paragraph 69ZB(b) of the Act, a report must be prepared, in accordance with this regulation, relating to the information obtained as a result of carrying out a parentage testing procedure.
(2)
The report must be in accordance with Form 5 in Schedule 1.
(3)
Part I of the report must be completed by the nominated reporter identified in the report.
(4)
Part II of the report must be completed by:
(a)
the person who carried out the parentage testing procedure; or
(b)
the person under whose supervision the parentage testing procedure was carried out.
(5)
A report completed otherwise than in accordance with this regulation is taken to be of no effect.

Division 4Miscellaneous21NNotification of accredited laboratories and nominated reporters

(1)
NATA must prepare, for each financial year:
(a)
a list of any laboratories that are accredited by NATA to carry out parentage testing procedures; and
(b)
for each accredited laboratory—a nominated reporter.
(2)
Immediately before the beginning of each financial year, NATA must give a copy of the list to:
(a)
the Attorney‑General; and
(b)
the Chief Executive Officer; and
(c)
the relevant Registrar of the Family Court of Western Australia.
(3)
The Attorney‑General must publish the list in a manner determined by the Attorney‑General.
(4)
If NATA amends the list during the year to which it applies, it must give written notice of the amendment to each person referred to in subregulation (2).
(5)
If NATA gives notice under subregulation (4), the Attorney‑General must publish a revised list in a manner determined by the Attorney‑General.

Part IIIOverseas ordersDivision 1Overseas child orders23Registration of overseas child orders

(1)
Subregulation (1A) applies if:
(a)
the Secretary receives:
(i)
from a prescribed overseas jurisdiction a certified copy of an overseas child order that was made in that jurisdiction; and
(ii)
a certificate signed by an officer of a court or by some other authority in that jurisdiction relating to the order and containing a statement that the order is, at the date of the certificate, enforceable in that jurisdiction; and
(b)
there are reasonable grounds for believing that any of the following persons is ordinarily resident in, present in, or proceeding to, Australia:
(i)
the child who is the subject of the order;
(ii)
a parent of that child;
(iii)
a person having the right to have the child live with him or her, or the right of custody of or access to the child, or the right to spend time or communicate with the child.
(1A)
The Secretary must send the documents mentioned in paragraph (1)(a) to a relevant Registrar.
(2)
When the relevant Registrar of a court receives from the Secretary the documents referred to in subregulation (1), the relevant Registrar shall register the order by filing in the court a certified copy of the order and the certificate relating to the order and noting the fact and the date of the registration on the certified copy.
(3)
Where an overseas child order has been registered in accordance with subregulation (2), the order may, on the application of the relevant Registrar of a court or a person interested in the order (including the child who is the subject of the order), be registered concurrently in any other court having jurisdiction under the Act.
(4)
A certificate by a court that the order has been registered in that court in accordance with subregulation (2) shall be sufficient evidence to enable a concurrent registration to be made.
(5)
An overseas child order registered in accordance with this regulation is enforceable throughout Australia until the registration (including a concurrent registration) has been cancelled.
(6)
Where it appears to a court that the documents referred to in subregulation (1) have been received by the court other than from the Secretary, the court may, if all other requirements of subregulation (1) are satisfied, register the order.
(7)
Where a court exercising jurisdiction under section 70J of the Act substantially varies the order, the relevant Registrar of the court shall forthwith forward to the court or to the appropriate authority in the prescribed overseas jurisdiction:
(a)
3 certified copies of the order of the court and the reasons for the order;
(b)
a copy of the depositions; and
(c)
such further material as the court directs.
(8)
This regulation does not prevent a court that has jurisdiction under the Act from receiving evidence of an order made in an overseas jurisdiction (whether or not the jurisdiction is a prescribed overseas jurisdiction), being an order that:
(a)
deals with the person with whom a child is supposed to live, spend time or communicate; or
(b)
provides for a person to have custody of, or access to, a child.

24Transmission of orders to overseas jurisdiction

(1)
This regulation applies if:
(a)
a State child order, or a parenting order other than a child maintenance order, is made by a court in Australia in relation to a child who is under 18; and
(b)
the order may be enforced in a prescribed overseas jurisdiction under provisions corresponding to Subdivision C of Division 13 of Part VII of the Act.
(2)
If the relevant Registrar of the court in which the order was made, registered or last varied, receives a written request from a person mentioned in subregulation (3) to send the order to the prescribed overseas jurisdiction for registration and enforcement in that jurisdiction, the relevant Registrar must send the documents mentioned in subregulation (4) to the appropriate court or authority in the prescribed overseas jurisdiction.
(3)
For subregulation (2), a request may be made by a person:
(a)
with whom the child is supposed to live, spend time or communicate under the order; or
(b)
who has a right to custody of, or access to, the child under the order.
(4)
For subregulation (2), the documents are as follows:
(a)
3 certified copies of the order;
(b)
a certificate signed by the relevant Registrar stating that the order is, at the date of the certificate, enforceable in Australia;
(c)
any information and material the relevant Registrar holds that may assist in identifying and locating the child or any other person who is subject to the order;
(d)
a request in writing that the order be made enforceable in the prescribed overseas jurisdiction.
(5)
If:
(a)
the order is registered in a court in the prescribed overseas jurisdiction; and
(b)
a court in that jurisdiction makes an order under a law corresponding to section 70J of the Act (the overseas order);
a court having jurisdiction under the Act may treat the overseas order as an overseas child order for the purposes of exercising jurisdiction under that section.
(6) If a court exercises jurisdiction under section 70J of the Act in relation to a child who is the subject of the overseas order, the relevant Registrar of the court must send to the court in the prescribed overseas jurisdiction:
(a)
3 certified copies of any order made by the court and the reasons for the order; and
(b)
such further material as the court directs.
(7) Nothing in this regulation prevents a person having a right of custody of or access to a child, or a right to spend time or communicate with the child, under the order from:

rs 2010 No 242
rep 2012 No 278
r 16A.........................................	ad 1996 No 188
am 2010 No 242
rep 2012 No 278
r 17............................................	am 2000 No 207; 2006 No 128
r 17A.........................................	ad 2012 No 211
r 17B.........................................	ad 2012 No 211
r 17C.........................................	ad 2012 No 211
r 17D.........................................	ad 2012 No 211
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r 18............................................	am 1999 No 39; 2000 No 207; F2021L01204
r 18A.........................................	ad 1990 No 294
rep 2001 No 31
r 19............................................	am No 183, 1985; No 393, 1986; No 175, 1987; No 164, 1988; No 74, 1989; No 205, 1989, No 235, 1989; No 251, 1997; No 370, 2004
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r 20............................................	am 2000 No 207
r 21............................................	rs 2000 No 81
Part IIAAA
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r 21AAA....................................	ad 2006 No 128
r 21AAB....................................	ad 2006 No 128
Part IIAA...................................	ad 1996 No 188
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r 21AA.......................................	ad 1996 No 188
rs 2010 Nos 165 and 242
rep 2012 No 278
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rep 2012 No 278
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Part IIAB...................................	ad 2010 No 76
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am 1989 No 74; 1992 No 404
rs 1996 No 265
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rs 1996 No 265
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rs 1996 No 265
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r 21N.........................................	ad 1996 No 265
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Part III
Division 1
Division 1 heading......................	ad 2000 No 81
rs 2004 No 371
r 22............................................	rs 1999 No 39
rep 2000 No 81
r 23............................................	am 1987 No 85; 1996 No 71; 1999 No 39; 2004 No 371; 2006 No 128; F2021L01204
r 24............................................	am 1996 No 71
rs 2004 No 371
am 2006 No 128; F2021L01204
Division 2
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r 24A.........................................	ad 2000 No 81
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r 27............................................	am 1990 No 373; 1999 No 39
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rs 2000 No 81
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r 47............................................	am 1985 No 183
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r 54............................................	am 1999 No 39; 2000 No 81
r 55............................................	rs 2004 No 371
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rep 2008 No 182
Division 1..................................	rep 2008 No 182
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Division 2..................................	rep 2008 No 182
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Division 2..................................	rep 2008 No 182
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Part V
Part V heading (prev Part 5 heading)
Part V........................................	rep 1989 No 326
Part 5 heading.............................	rs 2006 No 128; 2008 No 182
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rep 1989 No 326
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rep 2006 No 128
r 73............................................	am 1986 No 140
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am 2001 No 31
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Part VI heading...........................	am F2024L00668
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Schedule 1AA............................	ad 2010 No 165
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Schedule 1
Schedule 1 heading......................	rs 1989 No 74
Schedule 1..................................	am 1988 No 42; 1989 No 74; 1996 No 265; 1997 No 376; 1999 No 39; 2000 No 207; 2001 Nos 31 and 117
Heading to Form.........................	rep 1989 No 74
Form..........................................	1984 No 426
Heading to Form 1......................	ad 1989 No 74
rep 2010 No 76
Form 1.......................................	am 1999 No 39; 2000 No 207; 2001 No 117
rep 2010 No 76
Form 1A....................................	ad 2010 No 76
Form 1B.....................................	ad 2010 No 76
Form 2.......................................	ad 1988 No 42
rs 1996 No 265; 2001 No 117; 2004 No 370
Form 3.......................................	ad 1988 No 42
rs 1996 No 265
rep 2001 No 117
Form 4.......................................	ad 1988 No 42
am 1989 No 74
rs 1996 No 265
am 2001 No 117
Form 5.......................................	ad 1996 No 265
am 1997 No 376; 2001 No 117
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Form 6.......................................	ad 2001 No 31
Form 7.......................................	ad 2001 No 31
am 2006 No 128
Form 8.......................................	ad 2001 No 31
Form 9.......................................	ad 2001 No 31
Schedule 1A
Schedule 1A heading...................	rs 1996 No 71
Schedule 1A...............................	ad 1988 No 164
am 1992 Nos 33 and 160; 1996 No 71
Schedule 2
Schedule 2..................................	am 1985 No 183; 1986 No 393; 1987 No 175; 1988 No 164; 1989 No 53; 1992 Nos 33 and 160; 1995 No 400; 1996 No 71; 1997 No 232; 1998 No 121; 1999 No 39
rs 2000 No 81
ed C62
am F2019L00344
Schedule 4
Schedule 4 heading......................	rs 2007 No 293
Schedule 4..................................	am 1995 No 400; 1996 No 71; 1999 No 39; F2019L00344
Schedule 4A
Schedule 4A...............................	ad 2007 No 293
Schedule 5
Schedule 5..................................	ad 1988 No 42
am 1989 No 74; 1992 No 404; 1995 No 297
rs 1996 No 71
am 1996 No 265; 1998 No 329; 2001 No 117; 2003 No 339
rs 2006 No 128
am 2011 No 20
ed C64
am F2019L00344
Schedule 6..................................	ad 1988 No 42
am 1989 No 74; 1996 No 71; 2003 No 339
rep 2009 No 17
Schedule 7..................................	ad 1989 No 74
am 1996 No 71
rep 2009 No 17
Schedule 7A...............................	ad 2007 No 82
rep 2008 No 182
Schedule 8
Schedule 8..................................	ad 1996 No 71
am 1996 No 265; 1997 No 251; 2003 No 339; 2004 No 370

rs 2006 No 128
am 2008 No 259; 2011 No 20
rs 2012 No 9
am 2012 No 211; F2019L00344
Schedule 9..................................	ad 2006 No 128
am 2011 No 20
ed C64
am F2019L00344
rep F2024L00102
Schedule 9A
Schedule 9A...............................	ad 2007 No 212
Schedule 10
Schedule 10................................	ad 2006 No 128
Schedule 11
Schedule 11................................	ad 2006 No 128