FAMILY LAW ACT 1975
FAMILY LAW REGULATIONS (AMENDMENT)
(Statutory Rules 1989 No 205)
EXPLANATORY STATEMENT
This regulation amends the Family Law Regulations to prescribe the domestic legislation of Queensland and the Northern Territory for the purposes of subsections 114AB(1) and (2) and to make a drafting change.
2. Paragraph (a) amends paragraph (b) of regulation 19 by substituting a reference to the Domestic Violence (Family Protection) Act 1989 of the State of Queensland in place of the existing reference to the Peace and Good Behaviour Act 1982 of that State.
3. Paragraph (b) makes a drafting change to paragraph 9(c) to avoid any question that a Division or Part of a law can be characterised as a law, having regard to the reference in subsections 114AB (1) and (2) of the Act to “a prescribed law”.
4. Paragraph (c) adds a new paragraph (g) to regulation 19 to prescribe the domestic violence legislation contained in the Justices Act of the Northern Territory for the purposes of subsections 114AB(1) and (2) of the Act.
Authority: Issued by the Attorney-General
Overview
The Family Law Regulations (Amendment) (Statutory Rules 1989 No 205) were enacted to amend the Family Law Regulations of 1975, thereby addressing specific gaps in the legislative framework. This regulation was issued under the authority of the Attorney-General, reflecting a commitment to harmonise and update the existing legal provisions to better align with contemporary domestic violence laws. The primary objective of these amendments is to ensure that the Family Law Regulations accurately reference the relevant domestic violence legislation in Queensland and the Northern Territory, thus facilitating more effective legal proceedings and ensuring that the law remains consistent with state-specific statutes. By updating references and clarifying drafting language, these amendments aim to streamline the application of family law regulations in alignment with state laws, thereby improving legal clarity and efficiency.
Scope and Application
The Family Law Regulations (Amendment) (Statutory Rules 1989 No 205) under the Family Law Act 1975, as outlined in the explanatory statement, provide specific amendments to the Family Law Regulations, focusing on the domestic legislation of Queensland and the Northern Territory. This amendment pertains to the legal entities and individuals involved in family law matters under the Family Law Act 1975, ensuring that the prescribed laws of these jurisdictions are correctly referenced and interpreted. The regulations apply to the Commonwealth jurisdiction and impact entities such as the Family Court of Australia and the Federal Circuit Court of Australia, as well as individuals and legal practitioners engaged in family law proceedings. The changes introduced include substituting references to the Domestic Violence (Family Protection) Act 1989 of Queensland and adding provisions for the Justices Act of the Northern Territory. These amendments ensure clarity and precision in legal interpretations, addressing how specific domestic legislation is classified and applied within the family law framework. The scope of the regulations is confined to these specific legislative updates, with no broader jurisdictional reach beyond the specified amendments.
Key Provisions
The Family Law Regulations (Amendment) Statutory Rules 1989 No 205 make significant amendments to the Family Law Regulations, primarily updating the references to relevant state legislation for the purposes of certain sections of the Family Law Act 1975. Section 2 of the regulation replaces the reference to the Peace and Good Behaviour Act 1982 of Queensland with the Domestic Violence (Family Protection) Act 1989, which is more relevant and specific to the intended legislative purpose. Section 3 ensures that the terminology used in the regulation aligns with the legislative intent of the Family Law Act 1975 by clarifying that only complete laws, not parts of laws, can be prescribed under subsections 114AB(1) and (2). Section 4 introduces a new paragraph (g) to regulation 19, specifying the Justices Act of the Northern Territory as the prescribed domestic violence legislation for the purposes of the Family Law Act 1975. These changes are designed to ensure that the regulations accurately reflect the current domestic legislation in both Queensland and the Northern Territory.
The amendments impose clear obligations on the parties and entities governed by the Family Law Act 1975. Firstly, the regulation mandates that when referencing domestic legislation within the context of family law, practitioners must use the updated statutes, specifically the Domestic Violence (Family Protection) Act 1989 for Queensland and the Justices Act for the Northern Territory. This ensures consistency and accuracy in legal proceedings related to family law. Additionally, the drafting change in section 3 imposes an obligation to interpret the term “prescribed law” strictly as complete laws, avoiding any ambiguity that could arise from referencing parts of a law. These obligations are crucial for legal practitioners to ensure compliance with the legislative framework governing family law in Australia.
Breaching the obligations set out in the Family Law Regulations (Amendment) Statutory Rules 1989 No 205 could have various consequences, although specific penalties are not detailed in the regulation itself. Generally, non-compliance with family law regulations can lead to legal challenges, fines, or other penalties as prescribed by the Family Law Act 1975. Additionally, in cases where incorrect legislation is referenced, it could result in procedural errors, potentially affecting the outcomes of family law cases. The regulation does not specify maximum penalties but indicates the seriousness of adhering to the prescribed statutes and correct legal interpretations to avoid adverse legal consequences.