EXPLANATORY STATEMENT
Select Legislative Instrument 2006 No. 349
Issued by the Authority of the Minister for Families, Community Services and Indigenous Affairs
Family Law Act 1975
Family Law (Australian Institute of Family Studies) Repeal Regulations 2006
The Australian Institute of Family Studies (AIFS) is established under Part XIVA of the Family Law Act 1975 (the Act).
Subsection 125(1) of the Act provides, in part, that the Governor‑General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The purpose of the Regulations is to repeal the Family Law (Australian Institute of Family Studies) Regulations 1981 (the Principal Regulations).
The governance arrangements of AIFS were reviewed in accordance with recommendations accepted by the government from the Review of the Corporate Governance of Statutory Authorities and Office Holders conducted by Mr John Uhrig.
Part XIVA of the Act was amended, with effect from 1 July 2006, by Schedule 8 to the Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006. The purpose of these amendments was to change the governance arrangements of AIFS from a Board of Management structure to an executive management structure and operation under the Financial Management and Accountability Act 1997 (the FMA Act).
The Principal Regulations deal with matters relevant to the management of AIFS including the appointment of the Presiding Member of the Board of Management (regulation 3), meetings of the Board of Management (regulation 4), Annual Report (regulation 5) and upper threshold for contracts (regulation 6).
The amendments to the establishment of AIFS have rendered the Principal Regulations inoperative because there is no longer any Board of Management, annual reporting requirements are now specified in section 114LC of the Act and any contractual arrangements are entered into under the requirements of the FMA Act and its regulations.
Consultation
No consultation in relation to these Regulations was undertaken because they do not have a direct or significant indirect impact on business and do not restrict competition.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.
Overview
The Family Law (Australian Institute of Family Studies) Repeal Regulations 2006 were enacted to repeal the Family Law (Australian Institute of Family Studies) Regulations 1981. This was necessitated by amendments to the Family Law Act 1975, which changed the governance arrangements of the Australian Institute of Family Studies (AIFS) from a Board of Management structure to an executive management structure. The repealing regulations were issued under the authority of the Minister for Families, Community Services and Indigenous Affairs and align with the changes to the Act, which were implemented to improve the efficiency and accountability of AIFS, as recommended by the Review of the Corporate Governance of Statutory Authorities and Office Holders. The purpose of these amendments was to streamline the governance of AIFS and integrate it more closely with other Commonwealth agencies by operating under the Financial Management and Accountability Act 1997. The repeal of the 1981 regulations reflects the new operational framework, which no longer requires the specific management provisions previously outlined, such as the appointment of a Presiding Member of the Board of Management and annual reporting requirements.
Scope and Application
The Family Law (Australian Institute of Family Studies) Repeal Regulations 2006 applies to the Australian Institute of Family Studies (AIFS), which was established under Part XIVA of the Family Law Act 1975. These Regulations serve to repeal the Family Law (Australian Institute of Family Studies) Regulations 1981, as a result of amendments to the Act, which transitioned the governance of AIFS from a Board of Management structure to an executive management structure operating under the Financial Management and Accountability Act 1997. Consequently, the Regulations in their previous form, which addressed matters such as the appointment of the Presiding Member of the Board of Management, meetings of the Board of Management, annual reporting, and the upper threshold for contracts, have become inoperative. The application of these Regulations is governed by the Commonwealth of Australia, reflecting the national jurisdiction of the Act. No consultation was undertaken regarding these Regulations as they do not have a direct or significant indirect impact on business or restrict competition. These Regulations are considered a legislative instrument under the Legislative Instruments Act 2003 and took effect from the day they were registered on the Federal Register of Legislative Instruments.
Key Provisions
The Family Law (Australian Institute of Family Studies) Repeal Regulations 2006 (the Regulations) primarily focus on repealing the Family Law (Australian Institute of Family Studies) Regulations 1981 (the Principal Regulations) to align with the changes made to the Family Law Act 1975 (the Act) by the Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006. These changes involve the abolition of the Board of Management structure and the adoption of an executive management structure for the Australian Institute of Family Studies (AIFS). As a result, the Principal Regulations, which dealt with the appointment of the Presiding Member of the Board of Management, meetings of the Board, Annual Reports, and the upper threshold for contracts, are no longer applicable.
The Regulations impose certain obligations on AIFS, primarily concerning the transition from a Board-governed entity to one managed by executives under the Financial Management and Accountability Act 1997 (the FMA Act). AIFS must now operate under the provisions of the FMA Act, which means that any contractual arrangements must comply with the requirements set out in the FMA Act and its regulations. Additionally, the Annual Report of AIFS is now governed by section 114LC of the Act, which replaces the previous annual reporting requirements found in the Principal Regulations.
Breaches of the Regulations, if they were still in force, could have led to various consequences, including civil or criminal penalties. However, since the Regulations serve to repeal the Principal Regulations and do not impose new obligations or prohibitions, there are no specific offences, penalties, or civil/criminal consequences associated with these Regulations themselves. Instead, any non-compliance with the Act or the FMA Act by AIFS would be addressed under those respective Acts, which could include fines or other penalties as prescribed in those statutes.