Western Australian Current Acts Western Australian Current Acts (1) In this section
—
delegated power means a power delegated under
subsection (2).
(2) Subject to this
section, rules may provide for and in relation to the delegation to the
registrars, or to any class of registrar, of all or any of the powers of the
Court, except this power of delegation.
(3) The power of the
Court to make —
(a) a
decree of dissolution of marriage in proceedings that are defended; or
(b) a
decree of nullity of marriage; or
(c) a
declaration as to the validity of a marriage or the dissolution or annulment
of a marriage; or
(d) an
excluded child order, as defined in subsection (4A); or
(e) an
order setting aside a registered award under section 65Q or 65R,
cannot be delegated to
a registrar.
(4A) In subsection
(3)(d) —
excluded child order means —
(a) a
parenting order to the extent that 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) an
order until further order; or
(d) an
order made in undefended proceedings; or
(e) an
order made with the consent of all the parties to the proceedings.
(4) A delegated power
exercised by a registrar is to be treated as having been exercised by the
Court or a judge, as the case requires.
(5) A power may be
exercised by the Court or a judge despite it being a delegated power.
(6) The provisions of
any written law, or law of the Commonwealth, that relate to the exercise by
the Court of a power that is a delegated power, apply in relation to the
exercise of the delegated power by a registrar as if references in those
provisions to the Court or to a court exercising jurisdiction under this Act
were references to a registrar.
(7) Despite any other
provision of this Act, the Public Sector Management Act 1994 or any other
written law, a registrar is not subject to the direction or control of any
person or body in relation to the manner in which the registrar exercises a
delegated power.
(8) A party to
proceedings in which a registrar has exercised a delegated power may, within
the time prescribed by, or within such further time as is allowed in
accordance with, rules made for the purposes of this subsection, apply to the
Court to review the exercise of the delegated power.
(9) The Court may, on
application under subsection (8) or of its own motion, review the exercise by
a registrar of a delegated power and may make any order it considers
appropriate with respect to the matter to which the exercise of the delegated
power related.
(10) Where —
(a) an
application is to be, or is being, heard by a registrar exercising a delegated
power; but
(b) the
registrar considers that it is not appropriate for the application to be
determined in that case by a registrar,
the registrar must not
hear, or continue to hear, the application and must make appropriate
arrangements for the application to be heard by the Court.
(11) Where —
(a) a
delegated power is proposed to be exercised in a particular case by a
registrar; but
(b) the
registrar has not commenced to exercise the delegated power in that case,
a judge may, on
application by a person who would be a party to the proceedings before the
registrar in relation to the proposed exercise of the delegated power, order
that the power be exercised in that case by a judge.
(12) Where an
application is made to a judge under subsection (11) seeking an order that, in
a particular case, a delegated power be exercised by a judge, the registrar
must not commence to exercise the delegated power in that case until the
application has been determined.
[Section 33 amended: No. 25 of 2002 s. 31; No. 35
of 2006 s. 110 and 172; No. 46 of 2009 s. 7.]