Family Law Regulations (Amendment) 1997 No. 376
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 376
Issued by the Authority of the Attorney-General
Family Law Act 1975
Family Law Regulations (Amendment)
Subsection 125(1) of the Family Law Act 1975 (the Act) empowers the Governor-General to make regulations for the purposes of the Act.
The purpose of the amendments to the Family Law Regulations (the Regulations) is to provide that people who were taken to be "nominated reporters" for the purpose of conducting and reporting to Courts in relation to parentage testing under Regulation 7 of the Family Law Regulations (Statutory Rules 1996 No. 265), will continue to be nominated reporters until 31 March 1998; and to amend Form 5 of Schedule 1 to the Act so that it includes a requirement to note the date on which a parentage testing procedure was carried out.
Section 69W of the Act enables a Court to order parentage testing where the parentage of a child is in issue. Section 69ZB provides that the Regulations may make provision relating to the carrying out of parentage testing procedures under a Court order and for the preparation of reports relating to the information obtained as a result of carrying out such procedures.
Part IIA of the Regulations makes provision for the medical procedures and reports.
Regulation 21F, which was repealed by an earlier amendment to the Family Law Regulations (Statutory Rules 1996 No. 265), provided that a person may be appointed by the Attorney-General to conduct parentage tests and prepare reports for the Court. Transitional provisions in Regulation 7 of Statutory Rules 1996 No. 265, provided that appointments under the former Regulation 21F would continue for a period of 12 months until 31 December 1997. During that 12 months a new scheme would be established under which parentage testing laboratories are encouraged to obtain accreditation by the National Association of Testing Authorities (NATA). The amendment to the Regulations provides that these appointments will now expire on 31 March 1998. This will provide parentage testing laboratories with a further 3 months in which to obtain accreditation, while allowing their employees to continue performing parentage testing for the purposes of the Act.
Form 5 in Schedule 1 of the Act must be completed by nominated reporters when performing parentage testing for the purposes of the Act. The Form does not currently require the reporter to include the date on which a parentage testing procedure was performing . The amendments will provide for the date to be included.
The details of the amendments to the Regulations are set out in the attachment.
This Minute recommends that the Regulations be made in the form proposed and commence on 1 January 1998.
NOTES ON REGULATIONS
Regulation 1 provides for the commencement of the amending Regulations on 1 January 1998.
Regulation 2 is a formal provision.
Regulation 3 amends Schedule 1, Form 5, to provide that the date on which a parentage test is undertaken must be noted on the Form.
Regulation 4 is a transitional amendment which extends the effect of the Attorney General's appointment of nominated reporters for parentage testing purposes until 31 March 1998.
Overview
The Family Law Regulations (Amendment) 1997 No. 376 was enacted to address issues related to parentage testing under the Family Law Act 1975. This amendment was issued by the authority of the Attorney-General and aimed to ensure continuity in the operation of parentage testing processes while providing additional time for laboratories to obtain necessary accreditation. Specifically, the amendment extended the period during which individuals appointed by the Attorney-General to conduct parentage tests and prepare reports could operate until 31 March 1998, thereby giving laboratories an additional three months to secure accreditation with the National Association of Testing Authorities (NATA). Furthermore, the amendment updated Form 5 in Schedule 1 of the Act to require nominated reporters to note the date on which a parentage testing procedure was performed, thereby enhancing the accuracy and reliability of reported information.
Scope and Application
The Family Law Regulations (Amendment) 1997 No. 376 amends the Family Law Regulations to ensure continuity in the conduct and reporting of parentage testing within the framework of the Family Law Act 1975. These amendments apply to individuals or entities appointed by the Attorney-General as "nominated reporters" for parentage testing, extending their authority until 31 March 1998. Additionally, the amendments require the inclusion of the date on which parentage testing procedures are performed in Form 5 of Schedule 1 of the Act, ensuring detailed and accurate reporting. The purpose of these changes is to facilitate the transition to a new accreditation scheme for parentage testing laboratories, giving them an additional three months to comply with the National Association of Testing Authorities (NATA). The amendments extend the transitional period for these appointments, allowing for the smooth implementation of the new scheme.
Key Provisions
The Family Law Regulations (Amendment) 1997 No. 376 primarily addresses the transition of parentage testing procedures and the reporting of such tests under the Family Law Act 1975. Section 1 of the Regulations sets the commencement date for these amendments as 1 January 1998. Regulation 3 modifies Form 5 in Schedule 1 of the Act, which is used by nominated reporters, to include a requirement that the date on which a parentage testing procedure was carried out must be noted. This change ensures that all parentage testing reports contain accurate and complete information regarding the timing of the tests. Regulation 4 extends the appointments of nominated reporters, who are responsible for conducting and reporting on parentage tests, from 31 December 1997 to 31 March 1998. This extension provides additional time for laboratories to obtain accreditation by the National Association of Testing Authorities (NATA), while ensuring continuity in the reporting of parentage tests.
Under the amended Regulations, nominated reporters are required to complete Form 5, including the date of the parentage test, to provide courts with comprehensive information. The Attorney-General's appointments of these reporters are extended until 31 March 1998, allowing laboratories to seek NATA accreditation and maintain the capability to conduct parentage testing. These obligations are crucial for ensuring that parentage testing is conducted and reported in a manner that meets the legal standards set by the Family Law Act 1975.
Failure to comply with the requirements of the amended Regulations could result in various legal consequences. While specific offences and penalties are not detailed in the provided text, it is reasonable to infer that breaches of the statutory requirements for parentage testing and reporting could be subject to the provisions of the Family Law Act 1975. These provisions typically include civil penalties for non-compliance and potential criminal sanctions for more serious breaches. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law and statutory interpretations by the courts.