Family Law Regulations (Amendment) 1992 No. 404
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 404
Issued by the Authority of the Minister for Justice
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 purposes of the amendments to the Family Law Regulations (the Principal Regulations) are :
• To alter parentage testing procedures laid down by Regulation 21D of the principal Regulations to facilitate the interstate transport of blood samples for DNA parentage testing by testing laboratories.
• to update a list of State and Territory child welfare laws in Schedule 5 of the Principal Regulations for the purpose of ensuring that orders made under the Family Law Act do not override custody and guardianship orders made tinder child welfare laws.
• to correct a drafting error in Regulation 12BA of the Principal Regulations which at present contains two paragraphs 12BA(b).
Details of the proposed Family Law Regulations are as follows:
Regulation 1 - is a formal provision.
Regulation 2 - Section 60 of the Act defines "child welfare office" to be a person who holds or performs the duties of a prescribed office of a State or Territory which has responsibilities in relation to a child welfare law. Regulation 12BA which was inserted into the Family Law Regulations (the Principal Regulations) by Statutory Rule No 287 prescribes officers in the Northern Territory and the Australian Capital Territory for the purposes of section 60. That regulation contains a typographical error in that two paragraphs are entitled (b). Regulation 2 amends Regulation 12BA of the Principal Regulations by changing the second paragraph (b) to paragraph (c).
Regulation 3 - Section 66W of the Act enables a court hearing a matter under the Act to order parentage tests where the parentage of a child is at issue in proceedings before it. Subsection 66W(9) provides that the regulations may make provision for the carrying out of parentage testing procedures and the preparation of reports pursuant thereto. Regulation 21D of the Principal Regulations provides for the blood collected from a parent for DNA blood testing to be available for testing at the laboratory no later than 24 hours after its collection. Regulation 3 amends Regulation 21D of the Principal Regulations to extend this period from 24 hours to 3 days if certain conditions of storage and temperature are maintained during the transportation of the blood to the laboratory.
Regulation 4 - Section 60H of the Family Law Act provides that the Family Court is not to make custody, guardianship or access orders in relation to a child who is subject to custody or guardianship orders under a State or Territory 'child welfare law'. Section 60 of the Act provides that a 'child welfare law' means a law of a State or Territory prescribed in regulations made under the Act. Regulation 12B of the Family Law Regulations provides that the laws specified in Schedule 5 to the Family Law Regulations are child welfare laws for the purposes of the definition of child welfare law in section 60 of the Act. Regulation 4 amends Schedule 5 of the Principal Regulations to update the list of State and Territory child welfare laws to refer to new provisions in the New South Wales Disability and Guardian Act and in the Victorian Children and Young Persons Act.
(Authorised by the Minister for Justice).
Overview
The Family Law Regulations (Amendment) 1992 No. 404, issued under the authority of the Minister for Justice, seeks to amend the Family Law Regulations 1984 to address specific issues and improve the administration of family law in Australia. Enacted under the Family Law Act 1975, these amendments are designed to streamline parentage testing procedures, correct an existing drafting error, and ensure that the Family Law Act does not conflict with state and territory child welfare laws. The policy objective is to enhance the efficiency and accuracy of family law proceedings, particularly in relation to interstate parentage testing and the recognition of child welfare orders made under state and territory legislation. These amendments aim to facilitate the timely transport of blood samples for DNA testing, correct an error in the identification of child welfare officers, and update the list of child welfare laws to reflect recent legislative changes.
Scope and Application
The Family Law Regulations (Amendment) 1992 No. 404 amends the Family Law Regulations 1984 under the authority of the Family Law Act 1975. These amendments apply to all individuals and entities involved in family law proceedings in Australia, particularly those requiring parentage testing, as well as to child welfare offices in the various states and territories. They affect the procedures for interstate transport of blood samples for DNA testing, the definition of child welfare laws, and correct a typographical error in the regulations. The amendments extend the allowable time for transporting blood samples for testing, update the list of child welfare laws in Schedule 5, and correct a drafting error in a regulation concerning child welfare officers in the Northern Territory and the Australian Capital Territory. These regulations are applicable across Australia, ensuring consistency in family law proceedings and the interpretation of child welfare laws.
Key Provisions
The Family Law Regulations (Amendment) 1992 No. 404 primarily focuses on altering parentage testing procedures, correcting a drafting error, and updating the list of State and Territory child welfare laws. Regulation 2 addresses a typographical error in Regulation 12BA of the Principal Regulations by correcting the erroneous second paragraph (b) to paragraph (c). Regulation 3 extends the time period for the transportation of blood samples for DNA parentage testing from 24 hours to 3 days, provided that certain storage and temperature conditions are maintained. Regulation 4 updates Schedule 5 of the Principal Regulations to reflect new provisions in the New South Wales Disability and Guardian Act and the Victorian Children and Young Persons Act, ensuring that the Family Court does not make custody, guardianship, or access orders in relation to a child who is subject to custody or guardianship orders under a State or Territory 'child welfare law'.
The obligations imposed by the amendments on the relevant parties include ensuring that blood samples for DNA parentage testing are transported under specific conditions to maintain their integrity over the extended period of up to 3 days. Additionally, those responsible for drafting and maintaining the Family Law Regulations must ensure that the list of State and Territory child welfare laws is kept current to avoid any potential conflicts with orders made under the Family Law Act. There are no explicit obligations outlined for the correction of the drafting error in Regulation 12BA.
There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of the Family Law Regulations (Amendment) 1992 No. 404. The main focus of the amendments is on procedural updates and corrections rather than punitive measures. The changes are designed to enhance the efficiency and accuracy of the processes governed by the Family Law Regulations, without introducing new enforcement mechanisms.