Family Law Regulations (Amendment) 1994 No. 86
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 86
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.
Subsections 66E(4) and 75(3) of the Act require certain income tested pensions, allowances and benefits to be disregarded by a court when determining whether an order for child or spouse maintenance respectively is to be made.
Subsection 4(1) of the Act defines "income tested pension, allowance or benefit" as "a pension, allowance or benefit prescribed, or included in a class of pensions, allowances or benefits which are prescribed, for the purposes of this definition".
Regulation 12A of the Family Law Regulations (the Principal Regulations) lists each of the pensions, allowances and benefits which are prescribed.
The amendment to the Regulations will update Regulation 12A which lists certain income tested pensions, allowances and benefits payable under the Social Security Act which must be disregarded by a court when determining whether an order is to be made for spouse or child maintenance. This amendment is necessary to take account of the restructuring of the Social Security Act 1991 and the renumbering of the Student Assistance Act 1973.
The Regulations commence on gazettal.
Overview
The Family Law Regulations (Amendment) 1994 No. 86 was enacted to address the need for updating the list of income-tested pensions, allowances, and benefits that must be disregarded by a court when determining orders for child or spouse maintenance under the Family Law Act 1975. This amendment is critical due to the restructuring of the Social Security Act 1991 and the renumbering of the Student Assistance Act 1973. Authorised by the Attorney-General, these regulations aim to ensure that the list of disregarded income-tested benefits remains current and accurately reflects legislative changes. This amendment ensures that the family law system operates effectively and fairly by maintaining up-to-date information on the benefits that impact maintenance orders.
Scope and Application
The Family Law Regulations (Amendment) 1994 No. 86 pertains to the Family Law Act 1975 and specifically amends the Family Law Regulations to update the list of income-tested pensions, allowances, and benefits that must be disregarded by a court when determining orders for child or spouse maintenance. This amendment responds to the restructuring of the Social Security Act 1991 and the renumbering of the Student Assistance Act 1973, ensuring that the list of disregarded benefits remains current and reflective of the changes in those acts. The regulations apply to all parties involved in proceedings for maintenance under the Family Law Act, including individuals and legal representatives. There is no geographic limitation to the application of these regulations, as they pertain to federal legislation. The amendment extends the application of the regulations by updating the list of prescribed income-tested pensions, allowances, and benefits as required under the Act, with the regulations coming into effect upon gazettal.
Key Provisions
The Family Law Regulations (Amendment) 1994 No. 86 primarily revise Regulation 12A of the Family Law Regulations 1984 to align with changes in the Social Security Act 1991 and the renumbering of the Student Assistance Act 1973. These amendments ensure that the list of income-tested pensions, allowances, and benefits, which must be disregarded by courts when determining orders for child or spouse maintenance, is up-to-date and accurate (subsection 66E(4) and section 75(3) of the Family Law Act 1975).
In terms of obligations, these regulations impose a requirement on courts to disregard specific income-tested pensions, allowances, and benefits when making decisions about maintenance orders for spouses or children. This means that when a court assesses whether to grant an order for maintenance, it must exclude certain prescribed benefits from the income calculations (Regulation 12A). These exclusions are critical in ensuring that the financial assessment for maintenance orders is fair and considers only the actual disposable income of the parties involved.
Failure to comply with these regulations could lead to erroneous maintenance orders, potentially resulting in significant financial and legal repercussions for the parties involved. The Act does not explicitly outline offences or penalties for non-compliance with these specific regulations. However, incorrect application of the regulations by a court could lead to appeals and subsequent judicial review, where the court may rectify the order to comply with the Act's provisions. The penalties for such oversights would thus stem from the legal consequences of an incorrect maintenance order, including financial liabilities and potential reputational damage.