Court Security Amendment Regulations 2025

Administered by Attorney-General's Department

Legislation au F2025L01573 Not in force Legislative Instrument

Legislation content

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. 

Overview

The Court Security Amendment Regulations 2025 were introduced to address the gap in the Court Security Act 2013 caused by the dissolution of the office of Director General of the Department of the Attorney General of Western Australia due to changes in the machinery of government. These Regulations were made under the authority of the Attorney-General, as outlined in section 52 of the Act, which empowers the Governor-General to make regulations necessary or convenient for the Act's operation. The primary objective 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, ensuring continuity and compliance with the security framework established by the Act. The Regulations have been carefully crafted to align with the human rights and freedoms recognised under the Human Rights (Parliamentary Scrutiny) Act 2011, as evidenced by the Statement of Compatibility with Human Rights included in the instrument.

Scope and Application

The Court Security Amendment Regulations 2025 apply to the Court Security Act 2013, which governs court security arrangements in the High Court of Australia, the Federal Court of Australia, the Federal Circuit and Family Court of Australia (Divisions 1 and 2), the Family Court of Western Australia, and the Administrative Review Tribunal. The Regulations specifically address the administrative head of the Family Court of Western Australia by prescribing the person occupying the position of Director General of the Department of Justice of Western Australia as the administrative head, following the elimination of the Director General of the Department of the Attorney General of Western Australia due to changes in Western Australia's machinery of government. These Regulations are made under section 52 of the Court Security Act 2013 and are designed to ensure continuity in the administration of court security within the specified courts. The Regulations do not introduce any exclusions, exemptions, or thresholds but focus on updating the definition of the administrative head to align with current government structures.

Key Provisions

The Court Security Amendment Regulations 2025 (Regulations) amend the existing Court Security Regulations 2023 to address the administrative head of the Family Court of Western Australia (FCWA) as defined in the Court Security Act 2013 (Act). Specifically, the Regulations prescribe the person occupying the position of Director General of the Department of Justice of Western Australia as the administrative head of the FCWA, as the previous position of Director General of the Department of the Attorney General of Western Australia no longer exists (Schedule 1, Item 1). This amendment ensures continuity in the administrative leadership of the FCWA as required by the Act. The Regulations impose a clear obligation on the Department of Justice of Western Australia to ensure that the person occupying the position of Director General is identified and understood as the administrative head of the FCWA. This includes updating any relevant documentation, notifying all relevant parties of the change, and ensuring that all references to the administrative head in existing policies and procedures are updated accordingly. Additionally, the Regulations mandate that the Department of Justice of Western Australia must provide the necessary support and resources to facilitate the smooth transition of responsibilities associated with this role. Failure to comply with the Regulations may result in legal consequences, although the Regulations themselves do not explicitly state any offences, penalties, or specific consequences for non-compliance. However, non-compliance could potentially lead to legal challenges or administrative actions under the Court Security Act 2013. The Act may include provisions that allow for enforcement actions, such as fines or other sanctions, if the prescribed administrative head is not correctly identified or if responsibilities are not effectively transferred. The precise penalties would depend on the interpretation and application of the Act's provisions in the context of the Regulations.

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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.