Family Law Rules (Amendment) (Cth)
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We, Judges within the meaning of section 123
of the
Dated 18 September 1992.
ALASTAIR NICHOLSON
ALAN J. BARBLETT
J. EDWARD ELLIS
H. R. FREDERICO
E.R. BAKER
N. J. BUCKLEY
ALWYNNE ROWLANDS
T. H. McGOVERN
T. E. LINDENMAYER
B. ROSS-JONES
RODERICK JOSKE
GEOFFREY I. WALSH
ADRIAN SMITHERS
R. J. BULLEY
W. B. TREYVAUD
D. BULBECK
J. WILCZEK
W. ROURKE
H. J. BURTON
J.V. KAY
P. J. MOSS
MARY FINN
N. MUSHIN
M. A. HANNON
B. J. WARNICK
Judges of the Family Court
of Australia
PETER McMANUS
Acting Principal Registrar
Family Court of Australia
I. W. P. McCALL
ALAN J. BARBLETT
D. R. ANDERSON
N. TOLCON
MICHAEL H. HOLDEN
Judges of the Family Court
of Western Australia
D. A. McGREGOR
Acting Registrar
Family Court of Western Australia
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1.1 These Rules commence on 28 September 1992.
2.1 The Family Law Rules are amended as set out in these Rules.
3.1 Insert after Order 23a:
This Order applies to applications for a declaration that a person is authorised to consent to a medical or surgical procedure for a child.
An application may be made to a Family Court for:
(a) a declaration that the applicant or another named person is authorised to consent to the carrying out of a medical or surgical procedure for a child; and
(b) any necessary consequential orders.
An application may be made by:
(a) a parent, guardian or custodian of the child; or
(b) any other person who has an interest in the welfare of the child.
Despite any other provision of these Rules, an application must be made in accordance with Form 8 with any appropriate modifications.
If a parent, guardian or custodian of the child is not an applicant, that parent, guardian or custodian must be joined as a respondent to the application.
The applicant must file with the application an affidavit or affidavits to which are annexed relevant reports by medical, psychological or other experts.
An affidavit or report must set out:
(a) the exact nature and purpose of the proposed medical or surgical procedure; and
(b) the likely long term social and psychological effects of the procedure on the child; and
(c) that:
(i) alternative and less invasive procedures or treatments would be, or have proved to be, inadequate; and
(ii) the procedure proposed is necessary for the welfare of the child; and
(iii) the child is incapable of making his or her own decision about undergoing the procedure; and
(iv) the child is unlikely to develop sufficiently to be able to make an informed judgment about undergoing the procedure within the time in which the procedure should be carried out, or within the foreseeable future; and
(d) any other reasons for granting the application.
An application must be made returnable before a judge of a Family Court as soon as possible, and in any case, if possible, within 14 days after the date of issue.
On the return day of an application the Court may:
(a) make the child a party and appoint a person as the next friend of the child; or
(b) appoint a separate representative of the child; or
(c) join any other appropriate person as a respondent; or
(d) direct service of the application and affidavits on any other person or persons, as the Court thinks proper; or
(e) fix a date for the hearing of the application before a Judge of a Family Court; or
(f) make any orders or give any other directions, as the Court thinks proper; or
hear and determine the application.
On hearing the application the Court may:
(a) grant the application; or
(b) refuse the application; or
(c) grant an injunction or any other relief the Court thinks proper; or
(d) make any declaration or order the Court thinks proper.”.
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1. Notified in the
Commonwealth of Australia Gazette on 24 September 1992.2. Statutory Rules 1984 No. 425 as amended by 1985 No. 341; 1986 Nos. 6 and 193; 1987 Nos. 15, 74 and 222; 1988 Nos. 9, 15, 16, 46, 166 and 236; 1989 Nos..49, 65, 175, 201, 266 and 331; 1990 Nos. 20, 74, 348 and 474; 1991 Nos. 122, 414, 475 and 476; 1992 Nos. 8, 45 and 161.
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