Family Law Amendment Rules 1999 (No. 1) 1999 No. 61
EXPLANATORY STATEMENT
STATUTORY RULES 1999 No. 61
Issued by the authority of the
Judges of the Family Court of Australia
AMENDMENT OF THE FAMILY LAW RULES
Section 123 of the Family Law Act 1975 provides that the Judges of the Family Court of Australia, or a majority of them, may make Rules of Court providing for the practice and procedure to be followed in the Family Court and other courts exercising jurisdiction under the Family Law Act.
Section 123(2) of the Family Law Act provides that Sections 48, 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to the Rules of Court as if references in those sections to regulations were references to Rules of Court.
The present Family Law Rules came into operation on 2 January 1985. They, have been regularly reviewed and amended since that date.
DETAILS OF THE PROVISIONS OF THE AMENDMENT
The purpose of the rule is to delegate. certain judicial powers to Registrars including the power to make parenting orders until further order. The additional delegated powers are set out in sub-rule (1AC). The amendment in sub-rule (1AD) ensures that only Registrars approved by a majority of Judges and with whom an arrangement has been made under Section 37B(2) are authorised to exercise the substantive delegated, powers mentioned in sub-rule (1AC). The combination of sub-rule (1AD) with other provisions (notably review) provide for supervision by the Judges of the Registrars in exercising the jurisdiction delegated to them.
The powers contained in sub-rule (1AC) may only be exercised by those, persons appointed to the new category of SES Band 2 Registrars.
Overview
The Family Law Amendment Rules 1999 (No. 1) were enacted to amend the Family Law Rules, providing for changes in the practice and procedure to be followed in the Family Court and other courts exercising jurisdiction under the Family Law Act 1975. Issued under the authority of the Judges of the Family Court of Australia, these amendments aimed to address procedural gaps and enhance the efficiency of the Family Court by delegating certain judicial powers to Registrars. This was intended to ensure that only those Registrars approved by a majority of Judges and with whom an arrangement has been made under Section 37B(2) of the Family Law Act could exercise these powers, thereby maintaining judicial oversight and accountability in the process. The Family Law Amendment Rules 1999 (No. 1) thus sought to streamline the judicial process while preserving the integrity and fairness of family law proceedings.
Scope and Application
The Family Law Amendment Rules 1999 (No. 1) applies to the practice and procedure of the Family Court of Australia and other courts exercising jurisdiction under the Family Law Act 1975. These rules are made under the authority of the Judges of the Family Court of Australia and are designed to facilitate the administration of family law matters, including parenting orders, by delegating certain judicial powers to Registrars. The amendment specifies that these powers may only be exercised by Registrars who have been approved by a majority of the Judges and have made the necessary arrangements under section 37B(2) of the Family Law Act. This delegation is subject to oversight and supervision by the Judges to ensure compliance with the law and proper exercise of the delegated powers. The rules are applicable nationally, extending to all jurisdictions within Australia where the Family Law Act 1975 is in force. Subordinate instruments may further extend or restrict the application of these rules as necessary.
Key Provisions
The Family Law Amendment Rules 1999 (No. 1) primarily concern the delegation of certain judicial powers to Registrars of the Family Court of Australia. This delegation is intended to streamline the judicial process and enhance efficiency within the Family Court system. Specifically, sub-rule (1AC) outlines the additional powers delegated to Registrars, which include the authority to make parenting orders until further order. Sub-rule (1AD) further specifies that only Registrars who have been approved by a majority of the Judges and have made an arrangement under Section 37B(2) are authorised to exercise these substantive powers. This combination of delegation and approval mechanisms ensures that the powers granted to Registrars are exercised within a controlled and supervised framework.
The obligations imposed by these rules are twofold. Firstly, Registrars who have been granted delegated powers must adhere to the guidelines and procedures set out in the amended rules. This includes ensuring that their actions are consistent with the overarching objectives of the Family Law Act 1975, particularly in matters concerning the welfare of children. Secondly, the Judges of the Family Court of Australia are obligated to supervise and review the exercise of these delegated powers by the Registrars. This oversight is crucial to maintaining the integrity and fairness of the judicial process.
In terms of consequences for breach, the Family Law Amendment Rules 1999 (No. 1) do not explicitly state penalties or sanctions for non-compliance. However, given the nature of judicial powers and the strict oversight by the Judges, any misuse or improper exercise of delegated powers could lead to disciplinary actions against the Registrars. Such actions might include revocation of their authority, referral to the relevant professional conduct bodies, or other administrative penalties deemed appropriate by the Judges. The potential for civil or criminal liability would depend on the specific circumstances and the extent of the misconduct.