Family Law Regulations (Amendment) 1998 No. 222
EXPLANATORY STATEMENT
STATUTORY RULES 1998 NO. 222
Issued by the Authority of the Attorney-General
Family Law Act 1975
Family Law Regulations (Amendment) 1998
Subsection 125(1) of the Family Law Act 1975 (the Act) provides that the Governor-General may make regulations prescribing 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.
Paragraph 38A(4)(b) of the Act provides that the Chief Justice of the Family Court of Australia shall not enter into a contract exceeding $250,000, or such higher amount as is prescribed, without the approval of the Attorney-General.
The purpose of the Regulations is to increase to $1,000,000 the amount above which ministerial approval must be sought before contracts may be entered into by the Chief Justice of the Court.
The current contract limit of $250,000 has applied since the courts and tribunals were granted selfadministration in 1990. Since that time, there has been a significant change in money values and the Court has acquired considerable experience in managing its own affairs.
Details of the Regulations are as follows
Regulation 1 provides that the Regulations commence on gazettal.
Regulation 2 provides that the Family Law Regulations are amended as set out in the Regulations.
Regulation 3 inserts into the Family Law Regulations new regulation 9, which prescribes a higher amount of $1,000,000 for the purposes of paragraph 38A(4)(b) of the Act.
Overview
The Family Law Regulations (Amendment) 1998 No. 222, issued under the authority of the Attorney-General, was introduced to address the need for an updated contract limit for the Chief Justice of the Family Court of Australia. Enacted under the authority of the Family Law Act 1975, these regulations aim to reflect the significant changes in monetary values since the initial establishment of the self-administration of courts and tribunals in 1990, and to accommodate the considerable experience the Court has gained in managing its own affairs. The primary objective of this amendment is to increase the threshold amount for ministerial approval from $250,000 to $1,000,000 for contracts entered into by the Chief Justice. This adjustment seeks to ensure that the contract limit remains appropriate in the context of current financial realities and the Court's evolving administrative capabilities.
Scope and Application
The Family Law Regulations (Amendment) 1998, which amend the Family Law Regulations, serve to adjust the threshold for the approval of certain contracts entered into by the Chief Justice of the Family Court of Australia. Specifically, the Act targets the Chief Justice as the individual responsible for entering into contracts, with the amendment raising the monetary threshold for such contracts from $250,000 to $1,000,000. This adjustment is intended to reflect the significant changes in monetary values since the original threshold was set and to accommodate the Court's increased experience in managing its own affairs. The application of these regulations is confined to the Commonwealth jurisdiction, thereby affecting the operations of the Family Court of Australia. The regulations themselves do not exclude or exempt any particular conduct or transactions from their purview, and they do not mention any subordinate instruments extending or restricting their application.
Key Provisions
The main operative sections of the Family Law Regulations (Amendment) 1998 No. 222 involve the amendment of existing regulations to increase the threshold amount for contracts entered by the Chief Justice of the Family Court of Australia. Regulation 2 specifically makes amendments to the Family Law Regulations, while Regulation 3 inserts a new regulation 9, which sets the new contract limit at $1,000,000 (regulation 3(1)). This change is intended to reflect the significant changes in monetary values since the initial contract limit was established and to account for the court's growing experience in self-management.
These regulations impose specific obligations and requirements on the Chief Justice of the Family Court of Australia. Under the amended provisions, the Chief Justice must seek approval from the Attorney-General before entering into any contract exceeding the newly prescribed amount of $1,000,000 (regulation 3(1)). This requirement ensures that there is oversight and accountability for significant financial commitments made by the court, maintaining the integrity and proper use of public funds.
While the regulations do not explicitly outline offences, penalties, or consequences for non-compliance, it is implied that failure to adhere to the requirement of seeking ministerial approval for contracts exceeding $1,000,000 could result in legal repercussions. The regulations are part of the legislative framework that governs the Family Court of Australia, and any breach of these provisions could potentially lead to legal challenges or other civil or administrative consequences. It is important for the Chief Justice and the court administration to comply with these requirements to avoid any adverse outcomes.