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FAMILY LAW ACT 1975 - SECT 26B

Powers of Judicial Registrars

             (1)  The Judges, or a majority of them, may make Rules of Court delegating to the Judicial Registrars all or any of the powers of the Court except the power to make an excluded child order (as defined in subsection (1A)) and the power to make an order setting aside a registered award under section 13K.

          (1A)  An excluded child order is:

                     (a)  a parenting order to the extent to which it provides that:

                              (i)  a child is to live with a person; or

                             (ii)  a child is to spend time with a person; or

                            (iii)  a child is to communicate with a person; or

                            (iv)  a person is to have parental responsibility for a child; or

                     (b)  an order in relation to the welfare of a child;

other than:

                     (c)  a parenting order made under paragraph 70NEB(1)(b) or an order made under paragraph 70NFB(2)(c) that has the same effect as such a parenting order; or

                     (d)  an order until further order; or

                     (e)  an order made in undefended proceedings; or

                      (f)  an order made with the consent of all the parties to the proceedings.

             (2)  Without limiting the generality of subsection (1), the Judges, or a majority of them, may make Rules of Court under that subsection:

                     (a)  delegating to the Judicial Registrars all or any of the powers of the Court that could be delegated to the Registrars of the Court; and

                     (b)  delegating to the Judicial Registrars powers of the Court by reference to powers of the Court that have been delegated to the Registrars of the Court under section 37A.

             (3)  A power delegated to the Judicial Registrars shall, when exercised by a Judicial Registrar, be deemed to have been exercised by the Court or a Judge, as the case requires.

             (4)  The delegation of a power to the Judicial Registrars does not prevent the exercise of the power by the Court or a Judge.

             (5)  The provisions of this Act, the regulations and the standard Rules of Court, and other laws of the Commonwealth, that relate to the exercise by the Court of a power that is, under a delegation made under subsection (1), exercisable by a Judicial Registrar, apply in relation to an exercise of the power by a Judicial Registrar as if references to the Court, or to a court exercising jurisdiction under this Act, were references to a Judicial Registrar.

             (6)  The Judicial Registrars shall have, in addition to the powers delegated to them under subsection (1), such other powers (if any) as are conferred on them by this Act, the regulations and the standard Rules of Court.

Note:          Powers to make Rules of Court are also contained in sections 37A, 109A and 123.



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