Civil Dispute Resolution Amendment Regulations 2024

Administered by Attorney-General's Department

Legislation au F2024L00581 Regulations Not in force Legislative Instrument

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CIVIL DISPUTE RESOLUTION AMENDment REGULATIONS 2024

 

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 2024 (the Regulations) amend section 7 of the Civil Dispute Resolution Regulations 2021 (the Principal Regulations) to extend the date of self-repeal from 1 October 2024 to 1 October 2027.

 

Section 19 of the Civil Dispute Resolution Act 2011 (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.

 

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). Section 17 of the Act provides that regulations may be made to exempt proceedings from this requirement in the Act. The Principal Regulations exclude three types of proceedings from the operation of the Act.

 

The purpose of the Regulations is to extend the date of self-repeal of the Principal Regulations from 1 October 2024 to 1 October 2027. This will ensure that the prescribed proceedings remain excluded from the operation of the Act. This amendment does not affect the substantive content or operation of the Principal Regulations.

 

The details of the Regulations are set out in Attachment A.

 

CONSULTATION

 

The Regulations were informed by targeted consultation with relevant stakeholders. Extending the date of self-repeal to ensure that the prescribed proceedings remain excluded from the operation of the Act was supported by all stakeholders.

 

IMPACT ANALYSIS

 

The Office of Impact Analysis (OIA) has confirmed that an Impact Analysis is not required for the Regulations. OIA reference number: OIA24-06648

 

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 2024

 

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 2024 (the Regulations) amend the Civil Dispute Resolution Regulations 2021 (the Principal Regulations) to extend its date of self-repeal by three years to 1 October 2027.

 

Section 19 of the Civil Dispute Resolution Act 2011 (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.

 

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 of Australia 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. The Principal Regulations exclude three types of proceedings from the operation of the Act.

 

The purpose of the Regulations is to amend the self-repeal date of the Principal Regulations to 1 October 2027, to ensure the proceedings prescribed in the Regulations continue to be excluded from the operation of 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 Principal Regulations exclude three types of proceedings from the operation of the Act, as it is either not appropriate or practical to require parties to take genuine steps to resolve a civil dispute before those proceedings are commenced. The Regulations extend the date of self-repeal of the Principal Regulations by three years. There are no changes to the operation of the Principal Regulations.

 

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 Amendment Regulations 2024.

 

Section 2 - Commencement

 

This section provides for the Regulations to commence on the day after they are registered.

 

Section 3 - Authority

 

This section provides that the Civil Dispute Resolution Amendment Regulations 2024 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 amends section 7 of the Civil Dispute Resolution Regulations 2021 to provide that the regulations are repealed at the start of 1 October 2027, instead of 1 October 2024.

 

 

Overview

The Civil Dispute Resolution Amendment Regulations 2024 are designed to extend the self-repeal date of the Civil Dispute Resolution Regulations 2021 from 1 October 2024 to 1 October 2027. Enacted under the authority of the Civil Dispute Resolution Act 2011, these regulations aim to ensure that certain civil proceedings remain exempt from the Act's requirement for parties to take genuine steps to resolve disputes before initiating court proceedings in the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2). This legislative instrument addresses the need for a temporary exemption from the Act's dispute resolution requirements, which was deemed necessary by stakeholders for practical and operational reasons. The Office of Impact Analysis confirmed that an impact analysis was not required for these regulations, and they are compatible with human rights as recognised in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Civil Dispute Resolution Amendment Regulations 2024 amend the Civil Dispute Resolution Regulations 2021 to extend the date of self-repeal from 1 October 2024 to 1 October 2027, ensuring that specific proceedings remain exempt from the Act’s requirements for civil dispute resolution. The Civil Dispute Resolution Act 2011 mandates that parties take genuine steps to resolve civil disputes before initiating proceedings in the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2). However, the Act allows for certain proceedings to be exempt from these requirements, a matter governed by the Principal Regulations. The Regulations, which extend the self-repeal date, are made under the authority provided by section 19 of the Act and do not alter the substantive content or operation of the Principal Regulations. This amendment has been supported by relevant stakeholders, and an Impact Analysis has confirmed that no further assessment is necessary. The Regulations are compatible with human rights, as they do not introduce any new issues that would affect the rights and freedoms recognised under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Civil Dispute Resolution Amendment Regulations 2024 (Regulations) primarily serve to extend the self-repeal date of the Civil Dispute Resolution Regulations 2021 (Principal Regulations) from 1 October 2024 to 1 October 2027. This extension is detailed in section 7 of Schedule 1, which directly modifies the self-repeal date of the Principal Regulations (section 7). These amendments are made under the authority of the Civil Dispute Resolution Act 2011 (Act), specifically pursuant to section 19, which empowers the Governor-General to create regulations that are necessary for the implementation or enforcement of the Act. Under the Act, it is mandated that parties should take genuine efforts to resolve civil disputes before initiating proceedings in the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2), as stipulated in section 17. The Principal Regulations initially excluded three types of proceedings from the Act's requirements. The Regulations ensure these exclusions remain in place until 1 October 2027, thereby maintaining the status quo regarding these specific proceedings and their exemption from the Act’s requirements. The Regulations impose no additional obligations or requirements on parties beyond what is already established in the Principal Regulations. However, they do extend the period during which these three types of proceedings will remain exempt from the Act’s dispute resolution requirements. This extension does not alter the substantive content or operation of the Principal Regulations but merely prolongs the duration of the exclusion. For breaches of the Civil Dispute Resolution Act 2011, penalties are not specified within the text of the Regulations. However, the Act itself outlines the potential civil and criminal consequences for non-compliance. Typically, penalties for breaches of such legislative instruments can include fines and, in severe cases, imprisonment. The exact penalties would depend on the specific nature and severity of the breach, as well as any relevant case law or further statutory provisions. Given that the Regulations focus solely on extending the self-repeal date, they do not introduce any new offences or penalties but rather maintain the existing legal framework.

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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.