EXPLANATORY STATEMENT
Commonwealth of Australia
Family Law Act 1975
Family Law Regulations (Amendment)
Section 125 of the Family Law Act 1975 (the Act) empowers the Governor-General to make regulations for the purposes of the Act.
On 1 June 1988 the Child Support (Registration and Collection) Act 1988 came into operation. That Act established the Child Support Agency whose role is to register, collect and enforce payment of child maintenance as provided in court orders. The Child Support Registrar has the general administration of that Act.
The Child Support (Assessment) Act 1989 commenced operation on 1 October 1989 providing for all child maintenance liabilities arising after that date to be assessed administratively by the Child Support Agency.
Section 110 of the Act makes provision for the enforcement of Australian maintenance orders in overseas reciprocating jurisdictions. “Maintenance order” is defined by the section to include both court-made orders and administrative assessments made by the Child Support Agency.
The procedure whereby maintenance orders are transmitted to overseas jurisdictions is governed by the Family Law Regulations (the Regulations). Regulation 27 currently provides that only the registrar of the court in which the order is made or registered can undertake the necessary procedure.
As the Child Support Agency has the responsibility of assessing all child maintenance liabilities arising since 1 October 1989 and enforcing the majority of all child maintenance liabilities it is appropriate that the Child Support Registrar should be able to implement the procedure for enforcement in overseas reciprocating jurisdictions.
The proposed Regulations will enable the Child Support Registrar to undertake the procedure detailed in regulation 27 of the Regulations.
Details of the proposed Regulations are as follows:
Regulation 1 is a formal provision. Regulation 2 adds new sub-paragraphs (3) and (4) to regulation 27 of the Regulations which give the Child Support Registrar the power to implement the procedure for transmission of maintenance orders to overseas jurisdictions.
Attorney-General
Overview
The Family Law Act 1975 was enacted to provide a uniform legal framework for family law matters across Australia, aiming to address issues related to the dissolution of marriages, the care and protection of children, and financial matters arising from such events. The Act empowers the Governor-General to make regulations for its purposes, facilitating the implementation of its provisions. In line with this, the Family Law Regulations (Amendment) were introduced to address a specific gap in the enforcement of maintenance orders in overseas reciprocating jurisdictions. The Child Support (Registration and Collection) Act 1988 and the Child Support (Assessment) Act 1989 established the Child Support Agency, which assesses and enforces child maintenance liabilities. Given the Agency's role, it is logical that the Child Support Registrar should be able to implement procedures for enforcing maintenance orders overseas. These proposed amendments to the Family Law Regulations aim to grant the Child Support Registrar the authority to undertake the procedure for transmitting maintenance orders to overseas jurisdictions, thereby ensuring a seamless enforcement process.
Scope and Application
The Family Law Regulations (Amendment) 1996, introduced under Section 125 of the Family Law Act 1975, are designed to enhance the enforcement of maintenance orders, particularly child maintenance, in overseas reciprocating jurisdictions. These Regulations specifically empower the Child Support Registrar to undertake the necessary procedures for the transmission of maintenance orders to these jurisdictions, thereby extending the role previously limited to the registrar of the court where the order was made or registered. This amendment applies to both court-made orders and administrative assessments made by the Child Support Agency since the Child Support (Assessment) Act 1989 came into operation. The Regulations aim to streamline the process by allowing the Child Support Registrar to directly engage in the enforcement of maintenance orders in overseas jurisdictions, thereby ensuring more efficient and effective child support enforcement.
Key Provisions
The Family Law Regulations (Amendment) introduces changes to the Family Law Regulations (Amendment) that enable the Child Support Registrar to implement procedures for transmitting maintenance orders to overseas reciprocating jurisdictions. The primary operative sections involved are Regulation 1, which is a formal provision, and Regulation 2, which modifies Regulation 27 of the Regulations by adding sub-paragraphs (3) and (4). These new sub-paragraphs specifically grant the Child Support Registrar the authority to carry out the necessary procedures for transmitting maintenance orders to foreign jurisdictions, a responsibility previously held only by the registrar of the court where the order was made or registered.
The obligations and requirements imposed by these amendments are primarily administrative. The Child Support Registrar, now empowered by Regulation 2, must ensure that maintenance orders are correctly transmitted to overseas jurisdictions in accordance with the established procedures. This includes verifying the details of the orders, ensuring compliance with any requirements set by the foreign jurisdiction, and maintaining records of all transmissions. These obligations are designed to streamline the enforcement of maintenance orders in overseas reciprocating jurisdictions, ensuring that the Child Support Agency can efficiently fulfil its role in child maintenance enforcement.
Any breaches of the provisions outlined in the Regulations can lead to various consequences. Although the explanatory statement does not detail specific offences or penalties, breaches of regulations under the Family Law Act 1975 can generally result in both civil and criminal consequences. For civil consequences, the parties involved may face financial penalties or orders for compliance, ensuring that the obligations under the Act are met. Criminal consequences may include fines or imprisonment, depending on the severity and intent behind the breach. The exact penalties would be governed by the relevant sections of the Family Law Act and any other applicable legislation, with the maximum penalties depending on the specific nature of the breach. The amendments aim to ensure that the enforcement of maintenance orders is conducted in a manner that is both efficient and compliant with legal standards.