Civil Dispute Resolution Amendment Regulations 2021

Administered by Attorney-General's Department

Legislation au F2021L01853 Regulations Not in force Legislative Instrument

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CIVIL DISPUTE RESOLUTION AMENDment REGULATIONS 2021

 

EXPLANATORY STATEMENT
 

Issued by authority of the Attorney-General

 

under the Civil Dispute Resolution Act 2011.

 

Purpose and operation of the Instrument

 

The Civil Dispute Resolution Amendment Regulations 2021 (the Regulations) amend the Civil Dispute Resolution Regulations 2021 (the Principal Regulations) to amend the sunset date to be three years after the commencement of the Regulations.

 

The Civil Dispute Resolution Act 2011 (the Act) ensures that, as far as possible, parties take ‘genuine steps’ to resolve a civil dispute before proceedings are commenced in the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2) (FCFC (Division 2)). Section 17 of the Act provides that regulations may be made to exempt proceedings from this requirement in the Act.

 

Certain proceedings have been identified in the Principal Regulations as excluded proceedings which are not subject to the requirements of the Act.

 

Section 50 of the Legislation Act 2003 provides that a legislative instrument will be repealed on the first 1 April or 1 October falling on or after the tenth anniversary of registration of the instrument. The purpose of the Regulations is to amend the sunset period of the Principal Regulations to be three years after its commencement, rather than being in effect for ten years. The Regulations address concerns raised by the Senate Standing Committee for the Scrutiny of Delegated Legislation that a ten-year period was too long for the Principal Regulations to be in operation.

 

Section 19 of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

Consultation

 

The Principal Regulations were informed by consultation with a range of relevant stakeholders. The Regulation addresses concerns raised by the Senate Standing Committee for the Scrutiny of Delegated Legislation in relation to the sunsetting period for the Regulations. Since the substantive content of the Principal Regulations has not changed, the stakeholders have not been consulted on the Regulation, however they will be informed of the change to the sunsetting period once the Regulation commences.

 

Regulation Impact Statement

 

The Office of Best Practice Regulation (OBPR) has confirmed that a Regulatory Impact Statement is not required for the Regulations.

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Civil Dispute Resolution Amendment Regulations 2021

 

This Legislative Instrument (the Regulations) 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 Civil Dispute Resolution Amendment Regulations 2021 (the Regulations) amend the Civil Dispute Resolution Regulations 2021 (the Principal Regulations) to change the sunset date to be three years after the commencement of the Regulations.

 

The Civil Dispute Resolution Act 2011 (the Act) requires that, as far as possible, parties take ‘genuine steps’ to resolve a civil dispute before proceedings are commenced in the Federal Court or the Federal Circuit and Family Court of Australia (Division 2). Section 17 of the Act provides that regulations may be made to exempt proceedings from this requirement in the Act.

 

Section 50 of the Legislation Act 2003 provides that a legislative instrument will be repealed on the first 1 April or 1 October falling on or after the tenth anniversary of registration of the instrument.

 

The purpose of the Regulations is to amend the sunset period of the Principal Regulations to be three years after their commencement.

 

Section 19 of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

Human rights implications

 

The Regulations do not engage any of the rights and freedoms recognised or declared by the international instruments listed in subsection 3(1) of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

The Regulations simply amend the sunset period of the Principal Regulations to be three years after their commencement.

 

Conclusion

 

The Regulations are compatible with human rights as it does not raise any human rights issues.


 Attachment A

NOTES ON SECTIONS

 

Section 1 - Name of Regulations

 

This section provides that the title of the Regulations is the Civil Dispute Resolution Amending Regulations 2021.

 

Section 2 - Commencement

 

This section provides for the Regulations to commence on the date that they are registered.

 

Section 3 - Authority

 

This section provides that the Civil Dispute Resolution Amending Regulations 2021 is made under the Civil Dispute Resolution Act 2011.

 

Section 4 – Schedule(s)

 

This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

Schedule 1 – Amendments

 

Item [1] – section 7

 

Item 1 of Schedule 1 inserts a new section 7 into the Principal Regulations. New section 7 provides that the Civil Dispute Resolution Regulations 2021 is repealed at the start of 1 October 2024.

 

 

 

Overview

The Civil Dispute Resolution Amendment Regulations 2021, introduced to amend the Civil Dispute Resolution Regulations 2021, were enacted by the Governor-General under the authority of the Civil Dispute Resolution Act 2011. The primary purpose of these Regulations is to adjust the sunset period of the Principal Regulations, reducing it from ten years to three years after the Regulations commence. This change addresses concerns raised by the Senate Standing Committee for the Scrutiny of Delegated Legislation, which found that a ten-year period was excessively long for the Principal Regulations to remain in effect. The Act aims to ensure that parties take genuine steps to resolve civil disputes before initiating proceedings in the Federal Court or the Federal Circuit and Family Court of Australia (Division 2). By shortening the operational period of the Regulations, the enacting body seeks to maintain regulatory efficiency and responsiveness to legislative scrutiny.

Scope and Application

The Civil Dispute Resolution Amendment Regulations 2021, which amend the Civil Dispute Resolution Regulations 2021, apply to proceedings before the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2). These regulations aim to ensure that parties take genuine steps to resolve civil disputes before initiating legal proceedings, in line with the Civil Dispute Resolution Act 2011. The Act mandates that, as far as possible, parties should engage in efforts to resolve disputes before court proceedings, although certain proceedings may be exempt under section 17 of the Act. The Regulations modify the sunset clause of the Principal Regulations, reducing the duration from ten years to three years after commencement. This change was prompted by feedback from the Senate Standing Committee for the Scrutiny of Delegated Legislation, which found the original ten-year period to be excessively long. The Regulations are applicable nationally across Australia and are made under the authority of the Civil Dispute Resolution Act 2011, with no exclusions or exemptions specified beyond those already outlined in the Principal Regulations. The Regulations do not necessitate a Regulatory Impact Statement, and a Statement of Compatibility with Human Rights confirms their alignment with international human rights standards.

Key Provisions

The Civil Dispute Resolution Amendment Regulations 2021 (Regulations) primarily serve to modify the sunset date of the Civil Dispute Resolution Regulations 2021 (Principal Regulations) (Section 4). Under the original Principal Regulations, these would have been repealed ten years after their registration, as stipulated by section 50 of the Legislation Act 2003. However, the Regulations now set the sunset date to be three years post-commencement, thereby addressing concerns about the appropriateness of the original ten-year period. This amendment is intended to ensure that the regulations remain relevant and effective without being in force for an unnecessarily extended period. The Regulations impose specific obligations on the entities governed by them, primarily centred around the amended sunset date. They require the Civil Dispute Resolution Regulations 2021 to be repealed at the start of 1 October 2024, three years after the Regulations themselves commence (Item 1 of Schedule 1). This necessitates that all relevant parties and entities adhere to the new timeline for the Principal Regulations' operation. Additionally, while the substantive content of the Principal Regulations remains unchanged, this amendment mandates that stakeholders be informed about the revised sunset period once the Regulations take effect. Breach of the provisions within the Civil Dispute Resolution Act 2011, including the Regulations, could potentially lead to civil or criminal consequences. However, the Regulations themselves do not explicitly state any specific offences, penalties, or consequences for non-compliance. The Act generally focuses on ensuring that genuine steps are taken to resolve civil disputes before court proceedings are initiated. Failure to comply with the Act’s requirements could result in actions being taken under other provisions of the Act or related legislation, though these are not detailed within the Regulations. It is worth noting that the maximum penalties for breaches of the Act are not specified in the explanatory statement provided.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.