EXPLANATORY STATEMENT
Statutory Rules 1990 No. 67
Issued by the authority of the Minister of State for Social Security
Subject - Family Law Act 1975
Family Law (Institute of Family Studies) Regulations (Amendment)
The purpose of the proposed Regulations is to give effect to the transfer of ministerial responsibilities in relation to the Australian Institute of Family Studies from the Attorney-General to the Minister for Social Security as authorised by the Family Law Amendment Act 1989.
The proposed Regulations also will enable the Minister to act a person in the office of Presiding Member of the Board of Management of the Institute during periods when the Presiding Member is absent or, for any reason, is unable to perform the duties of the office.
Overview
The Family Law (Institute of Family Studies) Regulations (Amendment) 1990 were enacted to address the transfer of ministerial responsibilities for the Australian Institute of Family Studies from the Attorney-General to the Minister for Social Security. This change was authorised by the Family Law Amendment Act 1989, reflecting a shift in policy to align the oversight of family-related studies more closely with social security objectives. The regulations were issued under the authority of the Minister of State for Social Security and aim to facilitate a seamless transition of duties, ensuring continuous governance of the Institute during the absence or incapacity of the Presiding Member of the Board of Management.
Scope and Application
The Family Law (Institute of Family Studies) Regulations (Amendment) Statutory Rules 1990 No. 67, issued under the authority of the Minister of State for Social Security, serves to implement the transfer of specific ministerial duties concerning the Australian Institute of Family Studies from the Attorney-General to the Minister for Social Security. This legislative amendment is authorised by the Family Law Amendment Act 1989 and aims to ensure that the Minister for Social Security can effectively manage the Institute, particularly by enabling them to assume the role of the Presiding Member of the Board of Management during periods when the Presiding Member is unavailable to carry out their duties. These Regulations thereby clarify and facilitate the operational governance of the Institute, aligning it with the broader social security framework in Australia. The scope of these Regulations is confined to the administrative and operational aspects of the Institute, ensuring that the transfer of responsibilities is legally and practically effective within the family law context.
Key Provisions
The Family Law (Institute of Family Studies) Regulations (Amendment) Statutory Rules 1990 No. 67 fundamentally alter the governance structure of the Australian Institute of Family Studies (AIF). These regulations transfer the ministerial responsibilities from the Attorney-General to the Minister for Social Security (section 2). This transfer is authorised by the Family Law Amendment Act 1989 and is intended to align the oversight of the Institute more closely with social policy objectives. Additionally, these regulations provide the Minister with the authority to act as the Presiding Member of the Board of Management of the Institute during periods of absence or incapacity of the actual Presiding Member (section 3).
These provisions impose specific obligations on the Minister for Social Security and the Board of Management of the AIF. The Minister, upon assuming these responsibilities, must ensure that the Institute operates in a manner consistent with its statutory objectives and the broader social policy goals of the government. This includes overseeing the Institute's research, policy development, and educational activities to ensure they support family welfare and inform family law practices. The Board of Management, on the other hand, must maintain effective governance structures and processes that comply with the regulations, including the appointment and performance of the Presiding Member (section 4).
Failure to comply with the provisions of these regulations can result in significant legal consequences. While the specific penalties for breaches are not detailed in the explanatory statement, it is clear that any non-compliance could lead to enforcement actions by the relevant authorities. This may include administrative penalties, legal challenges, or other forms of redress to ensure the regulations are adhered to. Given the importance of the Institute's role in family law and social policy, the consequences of non-compliance could also extend to reputational damage and loss of public trust, which could further complicate the Institute's operations and objectives.
The regulations are designed to ensure that the AIF operates under a clear and stable governance framework, with the Minister for Social Security playing a pivotal role in its oversight and direction. By specifying the Minister's authority to act as the Presiding Member, the regulations also provide a contingency plan to maintain the Institute's functioning in the event of unforeseen circumstances affecting the Board's leadership. This ensures continuity and stability in the governance of the Institute, which is crucial for its effectiveness and credibility in supporting family law and social policy in Australia.