Family Law Amendment Act (No. 2) 1991

Overview

The Family Law Amendment Act (No. 2) 1991, enacted by the Parliament of Australia, was introduced to address specific issues within the Family Law Act 1975. This Act makes amendments to the existing family law framework, primarily focusing on altering the age limit for judges and the establishment of State Family Courts. The legislative change to the age limit of judges, by repealing Section 23A, aims to ensure that experienced and knowledgeable judges can continue to serve in family law matters. Additionally, the amendment to Section 41 of the Principal Act extends the age limit for judges in State Family Courts from 65 to 70 years, thereby providing greater flexibility and allowing more experienced legal professionals to contribute their expertise in family law adjudication.

Scope and Application

The Family Law Amendment Act (No. 2) 1991 amends the Family Law Act 1975, primarily affecting the scope and application of family law within Australia. This Act applies to persons involved in family law matters, including spouses and former spouses, as well as to the judiciary involved in family law cases. It alters the age at which Judges must retire, extending it from 65 to 70, thereby impacting the pool of eligible judges for family law cases and potentially the experience and perspectives they bring to such matters. The jurisdictional reach of this Act is national, as it pertains to the Commonwealth's legislative authority over family law. The Act does not explicitly mention any exclusions or exemptions, though its amendments to the Principal Act would naturally apply to all relevant cases within the scope of the Family Law Act 1975. Additionally, while the Act itself does not extend application through subordinate instruments, the Family Law Act 1975, which it amends, may do so through regulations or other legislative measures.

Key Provisions

The Family Law Amendment Act (No. 2) 1991 (hereafter referred to as the "Act") amends the Family Law Act 1975 (the "Principal Act") in several key areas. Firstly, section 23A of the Principal Act, which previously set a maximum age for judges presiding over family law cases, is repealed (section 3). This means that there is no longer an age limit on who can serve as a judge in these matters. Secondly, section 41 of the Principal Act is amended to raise the age limit for the establishment of State Family Courts from 65 to 70 years (section 4). This change affects the eligibility criteria for judges in these courts. The Act imposes certain obligations on the parties and entities it governs. Primarily, these changes mean that there are now no age restrictions for judges presiding over family law cases, potentially allowing for a more experienced judiciary to handle these matters. Additionally, the amendment to section 41 means that judges in State Family Courts must now be under the age of 70 to be eligible for appointment, which could affect the selection and retention of judicial officers in these courts. There are no specific offences, penalties, or civil/criminal consequences outlined within the Act itself for breaches of its provisions. However, breaches of family law provisions in general, including those amended by this Act, could result in various civil and criminal penalties depending on the specific circumstances and the provisions of the Principal Act or other related legislation. The penalties for breaches of family law provisions can vary widely, including fines, imprisonment, and other orders as deemed appropriate by the court.