PROCLAMATION
Commonwealth of Australia By His Excellency the
Governor-General of the
BILL HAYDEN Commonwealth of Australia
Governor-General
I, WILLIAM GEORGE HAYDEN, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, being satisfied that:
(a) arrangements have been made under which Judges will not be appointed to the Family Court of Western Australia except with the approval of the Attorney-General of the Commonwealth;
(b) Judges appointed to that Court are by reason of training, experience and personality, suitable persons to deal with matters of family law and cannot hold office beyond the age of 70 years; and
(c) counselling facilities will be available to that Court;
declare that under subsection 41 (2) of the Family Law Act 1975 that, on and after 5 November 1991, section 41 of the Family Law Act 1975 applies to the Family Court of Western Australia.
(L.S.) GIVEN under my Hand and
the Great Seal of Australia on
4th November 1991.
By His Excellency’s Command,
Michael Lavarch
Attorney-General
GOD SAVE THE QUEEN!
Overview
The Family Court of Australia Act 1991 was enacted in response to a need for a legislative framework that would incorporate the Family Court of Western Australia within the existing Family Law Act 1975. This legislation was introduced to ensure that the Family Court of Western Australia operates under the same principles and standards as the rest of the Family Court system in Australia, thereby providing uniformity and consistency in the handling of family law matters across the country. The enactment of this Act by the Parliament of Australia aimed to address the problem of ensuring that judges appointed to the Family Court of Western Australia possess the necessary qualifications and experience to deal with family law matters, while also providing appropriate counselling facilities to support the court's functions. The Governor-General, acting on the advice of the Federal Executive Council, declared that from 5 November 1991, the Family Law Act 1975 would apply to the Family Court of Western Australia, thereby integrating it into the national family law system.
Scope and Application
The Proclamation, issued under the authority of the Family Law Act 1975, extends the applicability of section 41 of that Act to the Family Court of Western Australia, effective from 5 November 1991. This legislative instrument ensures that Judges appointed to the Family Court of Western Australia are selected based on their training, experience, and suitability to handle family law matters, and that they cannot serve beyond the age of 70. Additionally, it mandates the availability of counselling facilities to the Court. The geographic scope of this legislation is confined to the Commonwealth of Australia, specifically targeting the Family Court of Western Australia. It does not specify any exclusions, exemptions, or thresholds within the text, and any further details regarding the implementation and application of this Act may be found in subordinate instruments. This legislative measure underscores the Commonwealth's commitment to maintaining high standards of judicial appointment and operation within the Family Court system, thereby ensuring effective and specialised handling of family law cases.
Key Provisions
The legislative instrument F2005B01734 pertains to the application of specific provisions of the Family Law Act 1975 to the Family Court of Western Australia. Section 41 of the Family Law Act 1975, as declared effective from 5 November 1991, applies to the Family Court of Western Australia under this proclamation. This involves ensuring that Judges appointed to the Family Court of Western Australia meet specific criteria, including having the requisite training, experience, and personality suitable for handling family law matters, and that these appointments are made with the approval of the Attorney-General of the Commonwealth. Additionally, the legislation mandates that these judges cannot serve beyond the age of 70 years. It also requires that appropriate counselling facilities be made available to the Court.
The obligations imposed by this Act are primarily centred around the selection and tenure of Judges in the Family Court of Western Australia. The Attorney-General of the Commonwealth must approve all appointments of Judges to ensure they meet the specified criteria. These criteria include appropriate training, experience, and personal suitability for dealing with family law issues. Furthermore, the Act ensures that these judges are provided with access to counselling facilities, which are essential for handling the sensitive nature of family law cases.
Breaches of the conditions set forth by this legislation could result in serious consequences. While the specific penalties for non-compliance are not detailed in the text, it is clear that failure to adhere to the criteria for judge appointments, or neglecting to provide necessary counselling facilities, could lead to significant legal repercussions. The Act's stipulations are likely to be enforced through judicial review or other legal mechanisms, ensuring that the standards set for the Family Court of Western Australia are upheld.