Commonwealth Numbered Regulations - Explanatory Statements

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FAMILY LAW AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 16

STATUTORY RULES 2000 No. 16

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL

Family Law Act 1975

FAMILY LAW AMENDMENT REGULATIONS 2000 (NO. 1)

Section 125 of the Family Law Act 1975 provides for the Governor-General to make regulations prescribing matters, amongst others, necessary or convenient to be prescribed for carrying out or giving effect to the Act, including prescribing certain fees and the exemption from, or refund of such fees. Pursuant to this power, the Family Law Regulations 1984 ("the Principal Regulations") were made, prescribing certain matters concerning the practice and procedure of the Family Court of Australia.

The purpose of the Regulations is to amend the Principal Regulations, to make consequential amendments to provide fee exemptions for youth allowance and austudy recipients.

Schedule 1 - Clause 1

Under the Principal Regulations, fees are imposed under regulation 11 (in respect of proceedings under the Act) and regulation 16 (in respect of appeals under s.94 of the Act). These fees can be exempted by the Family Court Registrar, on various grounds, under sub-regulations 11(7) and 16(3), respectively.

Subparagraphs 11 (7)(d)(v) and 16 (3)(b)(v) currently provide for exemptions from the payment of various fees where the person liable to pay the fee is "in receipt of AUSTUDY within the meaning of the AUSTUDY Regulations."

An amendment to the Principal Regulations is required to change the current wording from "AUSTUDY within the meaning of the AUSTUDY Regulations" to "youth allowance, or austudy payment, within the meaning of the Social Security Act 1991".

The Social Security Legislation Amendment (Youth Allowance) Act 1998 and the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 introduced a new social security payment: "youth allowance." Youth allowance will be available to people below 25 years of age if undertaking full time study, and below 21 otherwise. A new payment ("austudy", as opposed to "AUSTUDY") has been established for students aged 25 or over.

The amendment is necessary to ensure consistency between the Social Security Legislation Amendment (Youth Allowance) Act 1998, the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 and the Principal Regulations.

Schedule 1 - Clause 2

Paragraph 12A(f) of the Principal Regulations refers to an "AUSTUDY benefit under Part 2 of the Student Youth Assistance Act 1973". Part 2 of the Student Youth Assistance Act 1973 was repealed by the Social Security Legislation Amendment (Youth Allowance and Consequential and Related Measures) Act 1998.

The Social Security Legislation Amendment Act (Youth Allowance and Consequential and Related Measures) Act 1998 deals with applications for benefits under the old AUSTUDY scheme for the period before 1 July 1998. Such benefits may be relevant to proceedings under the Family Law Act 1975.

The amendment to paragraph 12A(f) of the Principal Regulations inserts the words "as in force immediately before 1 July 1998," which is the date on which the repeal of Part 2 of the Student Youth Assistance Act 1973 took effect. The amendment is necessary to make it clear on the face of the Principal Regulations that the AUSTUDY benefit referred to in paragraph 12A(f) is a prescribed pension, allowance or benefit for the purposes of the Family Law Act 1975.

The Regulations commenced on gazettal.