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33 .         Delegation of powers to registrars — FLA s. 37A

        (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;


            (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.]

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