EXPLANATORY STATEMENT
Issued by the Authority of the Attorney-General
Jurisdiction of Courts (Family Law) Act 2006
Proclamation
The Jurisdiction of Courts (Family Law) Act 2006 (the Act) amends the Family Law Act 1975, the Child Support (Registration and Collection) Act 1988 and the Child Support (Assessment) Act 1989 to provide the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia with substantially the same jurisdiction and appeal structure in relation to family law and child support matters as the Federal Magistrates Court. This will allow the Magistrates Court of Western Australia constituted by a Family Law Magistrate to resolve expeditiously a high volume of less complex and shorter matters.
The table in subsection 2(1) of the Act provides that Schedule 1, Part 1 to the Act commences on a day to be fixed by Proclamation. If any of the provision(s) of Schedule 1, Part 1 do not commence within the period of six months from the day the Act receives the Royal Assent, they will commence on the first day after the end of that period. The Act received the Royal Assent on 6 April 2006.
The purpose of the Proclamation is to fix 1 July 2006 as the day on which Schedule 1, Part 1 to the Act commences. Schedule 1, Part 1 amends the legislation identified above to extend the jurisdiction of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.
In order to implement the provisions in Schedule 1, Part 1, it was necessary to amend the Family Law Regulations 1984 (the Principal Regulations) to provide for the exercise of the extended jurisdiction in relation to family law matters by the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.
The date of 1 July 2006 allows the Principal Regulations to be amended and registered on the Federal Register of Legislative Instruments to commence at the commencement of Schedule 1, Part 1 to the Act.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Office of Regulation Review was consulted about this legislative instrument and advised that a Regulation Impact Statement was not mandatory as it did not have a direct or significant indirect impact on business. The Family Court of Western Australia was consulted and did not oppose this legislative instrument. Further consultation was unnecessary for this legislative instrument as this instrument is of a machinery nature only.