Family Law Amendment Regulation 2012 (No. 1)

Overview

The Family Law Amendment Regulation 2012 (No. 1) was enacted to address the need for updating and aligning the Family Law Regulations 1984 with recent legislative changes in state and territory laws, particularly those pertaining to family violence and civil partnerships. This regulation was made under the authority of the Family Law Act 1975 and commenced on various dates, as specified within the regulation itself. The Family Law Amendment Regulation 2012 (No. 1) was prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, in Canberra. The primary policy objective of this regulation is to ensure that family law practices remain consistent with contemporary legislative standards across different jurisdictions, particularly in addressing family violence and recognising civil partnerships as defined under the Civil Partnerships Act 2011 of Queensland.

Scope and Application

The Family Law Amendment Regulation 2012 (No. 1) applies to the Family Law Regulations 1984, and amends these regulations to incorporate the Civil Partnerships Act 2011 of Queensland, recognising relationships between two adults who meet the eligibility criteria for entry into a civil partnership. Additionally, this regulation broadens the scope of family law to include relationships under the Intervention Orders (Prevention of Abuse) Act 2009 of South Australia. This amendment extends the jurisdictional reach of family law across the Commonwealth, ensuring consistent application and recognition of civil partnerships and relevant protection orders across different states and territories. The regulation is effective from the date of registration for certain sections and items of Schedule 1, and from the commencement of the Acts Interpretation and Family Law Amendment Regulation 2012 (No. 1) for other items of Schedule 1. The regulation does not specify any exclusions, exemptions, or thresholds and relies on subordinate instruments to further define and extend its application.

Key Provisions

The Family Law Amendment Regulation 2012 (No. 1) primarily amends the Family Law Regulations 1984 under the authority of the Family Law Act 1975. Section 1 of the regulation identifies the name and scope of the legislation, while Section 2 outlines the commencement date, with different sections becoming effective on either the day after registration or upon the commencement of another related regulation. The substantive changes are detailed in Schedule 1, which modifies specific sections and items of the Family Law Regulations 1984. The regulation introduces new entries recognising civil partnerships under the Civil Partnerships Act 2011 (Qld) in Regulation 12BC and Regulation 15AB. These amendments ensure that relationships recognised under Queensland law as civil partnerships are treated equivalently to de facto relationships for the purposes of family law. Additionally, the regulation updates the list of prescribed laws related to family violence, inserting the Intervention Orders (Prevention of Abuse) Act 2009 (SA) into the table in Regulation 19 and providing a comprehensive updated list of state and territory laws concerning family violence in Schedule 8. Entities governed by the Family Law Act 1975 must comply with these amendments by recognising civil partnerships established under the Civil Partnerships Act 2011 (Qld) as equivalent to de facto relationships. This recognition extends to all legal proceedings and entitlements under family law, ensuring that individuals in such relationships receive the same protections and benefits as those in de facto relationships. Furthermore, practitioners must be aware of the updated list of state and territory laws concerning family violence, as this affects their obligations when dealing with cases involving family violence orders. Failure to comply with the provisions of the Family Law Amendment Regulation 2012 (No. 1) could result in various legal consequences, although the specific penalties are not detailed within the regulation itself. Generally, non-compliance with family law regulations can lead to civil penalties, including fines and other sanctions as prescribed by the Family Law Act 1975. Additionally, there may be criminal consequences for wilful or negligent breaches, depending on the severity and intent behind the non-compliance. Practitioners must ensure they adhere to the updated regulations to avoid these potential repercussions.