Commonwealth Numbered Regulations - Explanatory Statements

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FAMILY LAW AMENDMENT RULES 2001 (NO. 1) 2001 NO. 1

STATUTORY RULES 2001 No. 1

Issued by the authority of the Judges of the Family Court of Australia

AMENDMENT OF THE FAMILY LAW RULES

Section 123 of the Family Law Act 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 reference in those sections to regulations were references to Rules of Court.

The present Family Law Rules came into operation on 2 January 1985. They have been regularly reviewed and amended since that date.

DETAILS OF THE AMENDMENTS

Order 36A Rule 3

The Family Law Amendment Bill 2000 was passed on 9 November 2000, assented to on 29 November 2000 and commenced on 27 December 2000. Amongst other things, the legislation introduces a three stage compliance regime in respect of orders affecting children. Failure to comply with orders affecting children is now dealt with under Division 13A of Part VII instead of under Part XIIIA.

The new three stage compliance regime will cover:

1. prevention (65DA);

2. remediation (Subdivision B); and

3. sanctions (Subdivision C).

This Rule amendment delegates to Judicial Registrars the power to make orders under the new sections to ensure that Judicial Registrars have all the powers necessary to deal appropriately with applications for enforcement of parenting orders.