Family Law Rules (Amendment) 1994 No. 61
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 61
Issued by the authority of the Judges of Family Court of Australia
AMENDMENT OF THE FAMILY LAW RULES
Section 123 of the Family Law Act 1975 provides that the Judges of the Family Court of Australia, or a majority of them, may make Rules of Court providing for the practice and procedure to be followed in the Family court and other courts exercising jurisdiction under the Family Law Act.
Section 123 (2) of the Family Law Act provides that sections 48, 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to the Rules of Court as if references in those sections to regulations were references to Rules of Court.
The present Family Law Rules care into operation on 2 January 1985. They have been regularly reviewed since that date.
DETAILS OF THE PROVISIONS
Rule 1 provides the commencement date.
Rule 2 amends Order 34 rule 7 by enabling a member of the Australian Federal Police or a member of a police force of a state or Territory (in addition to the Marshal or an officer of the Attorney-General's Department) the discretion to make an application to the court by filing a Form 48 or a Form 49, that any person alleged to have committed an offence, or failed to comply, or contravened an order under the Act, Regulations or rules of a kind referred to In Order 34 rule 6, be dealt with for that offence or failure to comply. The provision also applies to any person who has tailed to comply with any other order made by the Court or with a condition of a recognizance. Paragraph 7(2)(b) states that if an application is made at the direction of a Family Court it must be made by the Marshal.
Overview
The Family Law Rules (Amendment) 1994 No. 61 was enacted to refine and modernise the procedural aspects of family law within Australia, as per the authority granted under Section 123 of the Family Law Act 1975. These amendments were issued by the Judges of the Family Court of Australia and were intended to address procedural gaps and enhance the efficiency of the court's operations. The policy objective underpinning this amendment is to ensure that the family law system can effectively handle cases of alleged offences, non-compliance with court orders, or breaches of specific regulations, thereby reinforcing the rule of law and ensuring due process in family law matters. The amendments provide additional authorised personnel, such as members of the Australian Federal Police or state/territory police forces, with the discretion to file applications to the court for the enforcement of compliance with family law statutes and regulations.
Scope and Application
The Family Law Rules (Amendment) 1994 No. 61 applies to the practice and procedure within the Family Court of Australia and other courts exercising jurisdiction under the Family Law Act 1975. These amendments specifically address the authority and procedure for making applications to the court regarding individuals who have allegedly committed an offence or failed to comply with certain orders under the Family Law Act. The rules extend to enabling authorised personnel, including members of the Australian Federal Police or state/Territory police forces, to file applications for court proceedings against individuals who have failed to comply with the Act or its associated regulations or rules. The amendment broadens the scope of who can initiate legal action by adding these law enforcement officers to the list of authorised persons, thereby enhancing the enforcement mechanisms available under the Family Law Act. The changes are applicable nationally as they pertain to the Family Court of Australia, which has jurisdiction across the Commonwealth of Australia. The amendments do not introduce any exclusions or exemptions but rather extend the eligibility of personnel who can initiate court actions to include law enforcement officers, thereby strengthening the enforcement of family law regulations.
Key Provisions
The Family Law Rules (Amendment) 1994 No. 61 introduces several key amendments to the Family Law Rules of 1985, primarily focused on enhancing the enforcement mechanisms within the family law jurisdiction. Rule 2, for instance, is a significant amendment to Order 34 rule 7. It broadens the scope of individuals who can make an application to the court regarding non-compliance with orders or contraventions of the Act, regulations, or rules. This amendment allows members of the Australian Federal Police, members of state or territory police forces, in addition to the Marshal or an officer of the Attorney-General's Department, to file either a Form 48 or a Form 49 with the court. This change is designed to facilitate more efficient enforcement of family law orders and ensure that a wider range of law enforcement personnel can assist in addressing non-compliance effectively.
The amendment also imposes specific obligations on these authorised individuals. For instance, Rule 2 mandates that any application made by these personnel must be in accordance with the stipulated forms, Form 48 or Form 49, and must detail the specific offence, failure to comply, or contravention in question. Additionally, if an application is made at the direction of the Family Court, it must be made by the Marshal, as stipulated in paragraph 7(2)(b). This ensures a structured and formal approach to reporting non-compliance, maintaining the integrity of the legal process.
The amendments introduced by Rule 2 carry significant implications for those subject to family law orders. Failure to comply with these orders can result in applications being made to the court, which may lead to various enforcement actions or legal consequences. The ability for multiple enforcement officers to file these applications enhances the likelihood of compliance and reinforces the authority of the court in enforcing its orders. Additionally, the specified forms ensure that the court receives consistent and detailed information, facilitating a more efficient judicial process.
There are no explicit penalties mentioned in the Family Law Rules (Amendment) 1994 No. 61 itself. However, the consequences of non-compliance with family law orders, as enforced through the amended provisions, can include court-ordered penalties such as fines, imprisonment, or other enforcement measures. The maximum penalties would depend on the specific nature of the offence or contravention and the discretion of the court in imposing penalties under the Family Law Act 1975. These potential consequences underscore the importance of adhering to family law orders and the serious ramifications of non-compliance.