Court Security Amendment Regulations 2025
EXPLANATORY STATEMENT
Issued by authority of the Attorney-General
under section 52 of Court Security Act 2013
Purpose and operation of the Instrument
The Court Security Act 2013 (the Act) sets out the framework for court security arrangements in the High Court of Australia, Federal Court of Australia, Federal Circuit and Family Court of Australia (Divisions 1 and 2), Family Court of Western Australia (FCWA) and the Administrative Review Tribunal.
Section 52 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.
Section 5 of the Act defines terms used in the Act. In relation to the FCWA, section 5 defines the term ‘administrative head of the court’ as the Director General of the Department of the Attorney General of Western Australia or, if no such position exists, a person prescribed by the regulations.
The office of Director General of the Department of the Attorney General of Western Australia no longer exists because of Machinery of Government changes in Western Australia. The purpose of the Court Security Amendment Regulations 2025 (the Regulations) is to prescribe the person occupying the position of Director General of the Department of Justice of Western Australia as the administrative head of the FCWA for the purposes of the Act.
Details of the Regulations are set out in Attachment A.
Consultation
Consultation was undertaken with the Department of Justice of Western Australia. The Department of Justice of Western Australia is supportive of the Regulations.
Statement of Compatibility with Human Rights
The Regulations are compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A Statement of Compatibility with Human Rights is at Attachment B.
Attachment A
NOTES ON SECTIONS
PART 1 – Preliminary
Section 1 – Name
This section provides that the title of the instrument is the Court Security Amendment Regulations 2025.
Section 2 – Commencement
This section provides that the instrument commences on the day after the instrument is registered.
Section 3 – Authority
This section provides that the instrument is made under the authority of the Court Security Act 2013.
Section 4 – Schedules
This section provides that each instrument that is specified in a Schedule to the instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the instrument has effect according to its terms.
SCHEDULE 1 – Amendments
Item 1 – At the end of Part 1 of the Court Security Regulations 2023
Section 5A provides that the person occupying the position of Director General of the Department of Justice of Western Australia is prescribed as the administrative head of the Family Court of Western Australia, for the purposes of item 5 of the table in the definition of administrative head of a court in section 5 of the Court Security Act 2013.
Attachment B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Court Security Amendment Regulations 2025
The Court Security Amendment Regulations 2025 (the Regulations) are 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 Disallowable Legislative Instrument
The Court Security Act 2013 (the Act) defines the administrative head of the Family Court of Western Australia as the Director General of the Department of the Attorney General of Western Australia or, if no such position exists, a person prescribed by the regulations.
The office of Director General of the Department of the Attorney General of Western Australia no longer exists. The purpose of the Regulations is to prescribe the person occupying the position of Director General of the Department of Justice of Western Australia as the administrative head of the Family Court of Western Australia for the purposes of the Act.
Human rights implications
The Regulations do not engage any of the applicable rights or freedoms.
Conclusion
The Regulations are compatible with human rights as they do not raise any human rights issues.