Family Law (Australian Institute of Family Studies) Regulations 1981
Statutory Rules 1981 No. 59 as amended
made under the
Family Law Act 1975
This compilation was prepared on 3 July 2002
taking into account amendments up to SR 2002 No. 163
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Page
1 Name of Regulations [see Note 1]
2 Interpretation
3 Presiding member
4 Meetings of the Board
5 Annual report
6 Contracts
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Family Law (Australian Institute of Family Studies) Regulations 1981.
2 Interpretation
In these Regulations, unless the contrary intention appears:
appoint includes re-appoint.
Board, Director, Institute and member have the same meaning as in Part XIVA of the Act.
meeting means a meeting of the Board.
Presiding Member means the Presiding Member of the Board appointed under subregulation 3 (1).
the Act means the Family Law Act 1975.
3 Presiding member
(1) The Minister may appoint a member to be the Presiding Member of theBoard.
(2) The Presiding Member shall hold office as Presiding Member only while he continues to be a member.
(3) The Presiding Member may resign his office of Presiding Member by writing under his hand delivered to the Minister.
(4) The Minister may appoint a person to act in the office of the Presiding Member during any period, or during all periods, when the holder of the office is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.
(5) Anything done by or in relation to a person purporting to act under subregulation (4) is not invalid because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment; or
(c) the occasion for the person to act had not arisen or had ceased; or
(d) the appointment had ceased to have effect.
4 Meetings of the Board
(1) The Presiding Member shall convene such meetings as are necessary for the performance of the functions of the Board.
(3) The Presiding Member shall preside at all meetings at which he is present.
(5) At a meeting the member presiding and 2 other members constitute a quorum.
(6) A question arising at a meeting shall be decided by a majority of the votes of the members present and voting.
(7) Each member present at a meeting has a deliberative vote and, in the event of an equality of votes, the member presiding at that meeting also has a casting vote.
(8) The Board shall keep minutes of the proceedings at its meetings.
(9) Subject to this regulation, the Board may regulate the conduct of proceedings at its meetings as it thinks fit.
5 Annual report
(1) The Board shall, as soon as practicable after each 30 June, prepare and submit to the Minister a report of the operations of the Institute during the year that ended on that 30 June.
(2) The Minister shall cause a copy of a report furnished to him under subregulation (1) to be laid before each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.
6 Contracts
For paragraph 114MC (b) of the Act, the amount is $400 000.
Notes to the Family Law (Australian Institute of Family Studies) Regulations 1981
Note 1
The Family Law (Australian Institute of Family Studies) Regulations 1981 (in force under the Family Law Act 1975) as shown in this compilation comprise Statutory Rules 1981 No. 59 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1981 No. 59 | 9 Apr 1981 | 9 Apr 1981 | |
1990 No. 67 | 27 Feb 1990 | 27 Feb 1990 | — |
2002 No. 163 | 3 July 2002 | 3 July 2002 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 1................. | am. 1990 No. 67 |
| rs. 2002 No. 163 |
Rr. 3–5............... | am. 1990 No. 67 |
R. 6................. | ad. 2002 No. 163 |
Overview
The Family Law (Australian Institute of Family Studies) Regulations 1981, made under the Family Law Act 1975, provide the regulatory framework for the Australian Institute of Family Studies. These Regulations aim to establish the governance and administrative procedures for the Institute, ensuring its operations align with the objectives of the Family Law Act 1975. The Act was enacted by the Australian Parliament to provide a comprehensive legal framework for family law in Australia, addressing various issues related to family relationships, parenting, and the welfare of children. The Regulations were designed to address specific administrative and operational needs of the Institute, thereby supporting the overarching policy objective of the Family Law Act 1975, which is to promote the welfare of children and provide a fair and efficient family law system.
Scope and Application
The Family Law (Australian Institute of Family Studies) Regulations 1981, which were made under the Family Law Act 1975, pertain specifically to the operations and governance of the Australian Institute of Family Studies. The regulations apply to the Board of the Institute and its members, who are appointed under the Act, as well as the Presiding Member who is appointed by the Minister. The regulations outline the procedures for appointing a Presiding Member, conducting meetings of the Board, and preparing annual reports that must be submitted to the Minister and subsequently tabled in Parliament. These regulations have a national reach within Australia and are applicable across the Commonwealth. There are no stated exclusions or exemptions within the text of these regulations, though they do provide for the regulation of Board meetings and the processes for decision-making and record-keeping. The application of these regulations can be extended or restricted through subordinate instruments, as amendments have been made to the original statutory rules, such as those in 1990 and 2002.
Key Provisions
The Family Law (Australian Institute of Family Studies) Regulations 1981, as amended, detail the operational framework for the Australian Institute of Family Studies (AIFS) under the Family Law Act 1975. The main sections of these regulations concern the appointment of a Presiding Member, the conduct of Board meetings, the preparation and submission of annual reports, and the authorisation of contracts. Section 3 specifies that the Minister may appoint a member of the Board to act as the Presiding Member, who holds office only while remaining a member. The Presiding Member can resign by submitting a written resignation to the Minister, and the Minister can also appoint an acting Presiding Member in certain circumstances. Section 4 outlines the procedures for convening and conducting Board meetings, including quorum requirements and voting procedures. Section 5 mandates that the Board must prepare and submit an annual report of its operations to the Minister by 30 June each year, which is then tabled before each House of Parliament.
These regulations impose several obligations on the parties involved. The Minister is responsible for appointing the Presiding Member and any acting Presiding Members, ensuring that the Board has the necessary leadership to conduct its business effectively. The Board must convene meetings as needed, maintain minutes of these meetings, and adhere to the specified voting procedures to ensure decisions are made efficiently and fairly. Additionally, the Board is required to submit an annual report detailing its activities and performance, providing transparency and accountability to the Minister and Parliament.
Failure to comply with the provisions of these regulations can lead to various consequences. While the regulations do not explicitly detail offences, penalties, or specific consequences for breaches, violations of the requirements for meeting conduct, reporting, and appointment processes could potentially be subject to general legal principles. For instance, if a member fails to fulfil their duties or if the Board does not meet its reporting obligations, this could result in legal actions or administrative penalties. The exact nature of these consequences would depend on the specific context and any relevant legislation or common law principles that apply.