EXPLANATORY STATEMENT
Subject - Family Law Act 1975
Proclamation
This Proclamation sets 21 October 2011 as the date on and from which the Family Court of Australia has jurisdiction to hear appeals from decrees and decisions of Family Law Magistrates in Western Australia as provided for under subsection 94AAA(1A) and paragraph 93A(1)(aa) of the Family Law Act 1975 (the Act).
The Act provides for divorce and the resolution of disputes arising from the breakdown of a marriage and relationships, including disputes over the division of property and parental responsibility for children.
Sub-section 40(1) of the Act provides that the jurisdiction of the Family Court of Australia under the Act shall not be exercised except in accordance with a Proclamation. Sub-section 40(2) then provides for the power of the Governor-General to fix a date, by Proclamation, from which the relevant jurisdiction can be exercised.
Part X of the Act provides jurisdiction for the Family Court of Australia to hear appeals from various courts, including State Courts in Western Australia. Specifically, subsection 94AAA(1A) allows an appeal to the Family Court from a decree or decision of the Magistrates Court of Western Australia, constituted by a Family Law Magistrate of Western Australia. Paragraph 93A(1)(aa) confers jurisdiction on the Family Court to hear that appeal.
The Proclamation was drafted by the Office of Legislative Drafting and Publishing in consultation with the Principal Registrar of the Family Court of Australia. No further consultation was required given the administrative nature of the instrument.
The Proclamation is registered on the Federal Register of Legislative Instruments under the Legislative Instruments Act 2003.
Authority: Subsection 40(2) of the Family Law Act 1975.