PROCLAMATION
Australia By His Excellency
JOHN R. KERR the Governor-General
Governor-General of Australia
IN pursuance of sub-section 40 (2) of the Family Law
Act 1975, I, SIR JOHN ROBERT KERR, the
Governor-General of Australia acting with the advice
of the Executive Council, hereby fix 5 January 1976
as the date on and after which the jurisdiction of the
Family Court of Australia under that Act may be
exercised in respect of:
(a) all proceedings in respect of which the Family
Court of Australia has jurisdiction by virtue of
paragraphs (a), (b) and (d) of sub-section
31 (1) of that Act in the States of New South
Wales, Victoria, Queensland, South Australia
and Tasmania and in the Australian Capital
Territory and Norfolk Island;
(b) appeals under sub-section 94 (1) of that Act in
the States of New South Wales, Victoria,
Queensland, South Australia, Western Australia
and Tasmania; and
(c) appeals under sub-section 96 (1) of that Act
in the States of New South Wales, Victoria,
Queensland, South Australia and Tasmania
and in the Australian Capital Territory and
Norfolk Island.
GIVEN under my Hand and the Great Seal
(L.S.) of Australia on eleventh December 1975.
By His Excellency’s Command,
IVOR J. GREENWOOD
Attorney-General
Overview
The Family Law Act 1975, enacted by the Parliament of Australia, was introduced to address the need for a unified and comprehensive family law system across the country. This Act was designed to provide a consistent approach to family law matters, including those related to marriage, separation, divorce, and the care and protection of children. The 1975 legislation established the Family Court of Australia, aiming to streamline and standardise family law processes and decisions, thereby reducing jurisdictional disparities between states and territories. The proclamation F2005B01719, issued under the authority of the Governor-General and in accordance with subsection 40(2) of the Family Law Act 1975, sets the commencement date of 5 January 1976 for the exercise of the Family Court's jurisdiction in various states, territories, and specific types of proceedings, thereby formalising the nationwide application of the Act's provisions.
Scope and Application
The Proclamation issued under the Family Law Act 1975 by the Governor-General, Sir John Robert Kerr, designates 5 January 1976 as the effective date for the Family Court of Australia's jurisdiction over certain family law matters. This proclamation applies to all proceedings concerning matrimonial causes, child custody, and property settlements, as outlined in subsections 31(1)(a), (b), and (d) of the Act, within the states of New South Wales, Victoria, Queensland, South Australia, and Tasmania, as well as in the Australian Capital Territory and Norfolk Island. Furthermore, it extends to appeals under subsection 94(1) of the Act in the aforementioned states and includes Western Australia, and appeals under subsection 96(1) of the Act in the states of New South Wales, Victoria, Queensland, South Australia, and Tasmania, along with the Australian Capital Territory and Norfolk Island. The proclamation ensures that the Family Court of Australia's jurisdiction is uniformly exercised across these specified regions, with the effective date marking the commencement of these legal proceedings and appeals.
Key Provisions
The primary sections of this legislative instrument (F2005B01719) pertain to the commencement of certain jurisdictional powers of the Family Court of Australia under the Family Law Act 1975. Specifically, section 1 sets the date of 5 January 1976 as the effective date for the Family Court's jurisdiction in certain proceedings across specified states and territories. These proceedings include those mentioned in sub-section 31(1)(a), (b) and (d) of the Family Law Act 1975, which cover matters such as maintenance, guardianship, and property settlements, among others. Furthermore, section 1 also addresses the jurisdiction over appeals as outlined in sub-sections 94(1) and 96(1) of the Act, affecting the states of New South Wales, Victoria, Queensland, South Australia, Western Australia, Tasmania, as well as the Australian Capital Territory and Norfolk Island.
The obligations and requirements imposed by this legislative instrument are primarily administrative in nature. It mandates that the Family Court of Australia can commence exercising its jurisdiction in the specified proceedings and appeals from the fixed date, thereby formalising the legal framework for these matters. This means that from 5 January 1976, the Family Court can legally hear and decide on cases falling under the specified sub-sections of the Family Law Act 1975 in the designated regions. Additionally, any parties involved in proceedings or appeals must adhere to the legal processes and timelines established by the Family Court as per the Family Law Act.
In terms of breaches and consequences, the legislative instrument itself does not explicitly detail offences, penalties, or consequences for non-compliance. However, under the overarching Family Law Act 1975, any failure to comply with the court's directives or legal requirements could lead to civil or criminal sanctions. These may include fines, imprisonment, or other legal penalties as prescribed by the Act. The specific penalties would depend on the nature and severity of the breach, and would be determined by the court in accordance with the provisions of the Family Law Act 1975. It is essential for all parties to ensure adherence to the legal requirements to avoid any adverse consequences.