EXPLANATORY STATEMENT
Select Legislative Instrument No , 2016
Issued by the Authority of the Attorney‑General
Admiralty Act 1988
Admiralty Amendment Rules 2016 (No. 1)
The Admiralty Act 1988 provides for, and regulates, the admiralty jurisdiction of Australian courts, and deals with a number of related matters.
Section 41 of the Admiralty Act provides that the Governor-General may make rules, not inconsistent with the Act, making provision in relation to the practice and procedure to be followed in courts exercising jurisdiction under the Act and matters incidental to such practice and procedure.
The purpose of the Admiralty Amendment Rules 2016 (No. 1) (the Rules) is to make consequential amendments as a result of the Courts Administration Legislation Amendment Act 2016 (the Courts Amendment Act). The Courts Amendment Act implements the measure announced as part of the Government’s 2015-16 Budget to merge the corporate services functions of the Federal Court of Australia with those of the Family Court of Australia and the Federal Circuit Court of Australia. To achieve this, the Courts Amendment Act amends a number of Acts in order to adjust the courts’ governance structures to support shared corporate services and bring the courts into a single administrative entity under the Public Governance, Performance and Accountability Act 2013 (the finance law) and a single statutory agency under the Public Service Act 1999.
The Courts Amendment Act provides for centralised management of the courts’ shared corporate services by the Federal Court Chief Executive Officer and Principal Registrar. To facilitate the governance structure it preserves the role of the Registrar of the Federal Court, re-titling it ‘the Chief Executive Officer and Principal Registrar’. The proposed Rules will amend the Admiralty Rules 1988 to reflect the changed position title.
The Federal Court was consulted in relation to the Rules.
Details of the Rules are set out in the Attachment.
The authorising Act does not specify any conditions that need to be satisfied before the power to make the Rules may be exercised.
The Office of Best Practice Regulation was consulted in relation to the Courts Amendment Act and advised that no Regulation Impact Statement was required.
The Rules are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Rules will commence on 1 July 2016 to align with the commencement of provisions in the Courts Amendment Act, which re-title the role of the Registrar of the Federal Court.
Authority: Section 41 of the Admiralty Act 1988
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Admiralty Amendment Rules 2016 (No. 1)
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The purpose of the Admiralty Amendment Rules 2016 (No. 1) (the Rules) is to make consequential amendments as a result of the Courts Administration Legislation Amendment Act 2016 (the Courts Amendment Act). The amendments will reflect changes to the position title of the ‘Registrar of the Federal Court’ to the ‘Federal Court Chief Executive Officer’.
Human rights implications
The legal effect of the Rules is confined to technical amendments that update certain position titles to achieve consistency with the Courts Amendment Act.
The Rules do not engage any of the applicable rights or freedoms.
Conclusion
The Rules are compatible with human rights as it does not raise any human rights issues.
Senator George Brandis QC, Attorney-General
ATTACHMENT
Details of the Admiralty Amendment Rules 2016 (No. 1)
Section 1 – Name of Rules
This section provides that the title of the Rules is the Admiralty Amendment Rules 2016 (No. 1).
Section 2 – Commencement
This section provides that each provision of the Rules specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table.
Section 3 – Authority
This section provides that the Rules are made under the Admiralty Act 1988.
Section 4 – Schedule(s)
This section provides that each instrument specified in a Schedule to the Rules are amended or repealed as set out in the items of the relevant Schedule. Any other item in a Schedule to the Rules would have effect according to its terms.
Schedule 1 – Amendments
Admiralty Rules 1988
Item 1 – Subrule 3(1)
Item 1 inserts a definition of Federal Court Chief Executive Officer in subrule 3(1).
Item 2 – Subrule 14(1)
Item 2 omits the reference to the ‘Registrar of the Federal Court’ in subrule 14(1) and substitutes it with ‘Federal Court Chief Executive Officer’.
Overview
The Admiralty Amendment Rules 2016 (No. 1) were enacted to make consequential amendments to the practice and procedure rules in the Admiralty Act 1988, reflecting changes brought about by the Courts Administration Legislation Amendment Act 2016. This Act was designed to address the need for streamlined governance and shared corporate services among the Federal Court of Australia, the Family Court of Australia, and the Federal Circuit Court of Australia. The Admiralty Amendment Rules were issued under the authority of the Attorney-General and aim to update certain position titles within the Admiralty Rules 1988, aligning them with the new titles established by the Courts Administration Legislation Amendment Act 2016. The rules seek to facilitate the governance structure by re-titling the role of the Registrar of the Federal Court to 'Federal Court Chief Executive Officer and Principal Registrar', ensuring consistency across relevant legislative instruments.
The Admiralty Amendment Rules 2016 (No. 1) are a legislative instrument made under Section 41 of the Admiralty Act 1988, which empowers the Governor-General to make rules concerning practice and procedure in courts exercising admiralty jurisdiction. The rules were developed in consultation with the Federal Court and do not require a Regulation Impact Statement. They are compatible with human rights as they only involve technical amendments to position titles and do not engage any of the applicable rights or freedoms. The rules will commence on 1 July 2016 to align with the commencement of the Courts Administration Legislation Amendment Act 2016, ensuring that the Admiralty Rules 1988 remain consistent with the new governance structures established by the Act.
Scope and Application
The Admiralty Amendment Rules 2016 (No. 1) are designed to amend the existing Admiralty Rules 1988, made under the Admiralty Act 1988, to align with the Courts Administration Legislation Amendment Act 2016. This amendment is particularly focused on updating certain position titles within the Federal Court, reflecting the re-titling of the Registrar of the Federal Court to the Federal Court Chief Executive Officer and Principal Registrar. These changes are necessary to support the new governance structures resulting from the merging of the corporate services functions of the Federal Court of Australia with those of the Family Court of Australia and the Federal Circuit Court of Australia. The amendments are intended to facilitate a centralised management of shared corporate services by the Federal Court Chief Executive Officer and Principal Registrar, as mandated by the Courts Amendment Act, which also brings the courts into a single administrative entity under the Public Governance, Performance and Accountability Act 2013 and a single statutory agency under the Public Service Act 1999. The Rules, which commenced on 1 July 2016, make technical adjustments to the Admiralty Rules 1988 and do not introduce any substantive changes to the existing law or procedures.
Key Provisions
The Admiralty Amendment Rules 2016 (No. 1) (the Rules) serve to amend the Admiralty Rules 1988, primarily in response to the Courts Administration Legislation Amendment Act 2016 (the Courts Amendment Act). These amendments are necessary to align with changes in the governance structure of Australian courts, particularly the re-titling of the ‘Registrar of the Federal Court’ to the ‘Federal Court Chief Executive Officer and Principal Registrar’ (Section 4). The main operative sections of the Rules involve updating references to this new title within the Admiralty Rules 1988, ensuring consistency and coherence across relevant legislative instruments.
The Rules impose specific obligations on parties and entities governed by the Admiralty Act 1988, primarily through the updating of title references. For instance, where the Admiralty Rules 1988 previously referred to the ‘Registrar of the Federal Court’, these references are now updated to ‘Federal Court Chief Executive Officer’ (Schedule 1, Item 2). This change is intended to reflect the new governance structure as established by the Courts Amendment Act, ensuring that all procedural and practice references within admiralty matters are current and accurate.
There are no specific offences, penalties, or consequences outlined for breaches of these Rules. The Rules are technical in nature, focusing on administrative and procedural updates rather than substantive legal provisions. As such, non-compliance with these amendments would not result in specific civil or criminal penalties under the Rules themselves. However, failure to adhere to the updated titles and references may lead to procedural issues or challenges in the enforcement and interpretation of admiralty matters within the courts.
The Rules are made under the authority of Section 41 of the Admiralty Act 1988, which allows the Governor-General to create rules concerning practice and procedure in courts exercising admiralty jurisdiction. The Office of Best Practice Regulation has confirmed that no Regulation Impact Statement was required for these amendments, as they are purely technical in nature and do not introduce significant regulatory changes. The compatibility of these Rules with human rights has been affirmed, as they do not engage any applicable rights or freedoms under the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.