Commonwealth Consolidated Regulations

FAMILY LAW REGULATIONS 1984

- made under the Family Law Act 1975

TABLE OF PROVISIONS

   PART I--PRELIMINARY

   1.      Name of regulations [see Note 1]  
   2.      Commencement  
   3.      Interpretation  
   3AA.    Supervised family dispute resolution  
   3A.     Prescribed contract limit  

   PART II--GENERAL

   4.      Directions as to practice and procedure  
   5.      Non-compliance with Regulations  
   6.      Court or registrar may relieve from consequences of non-compliance  
   7.      Appointment of family consultants (Act s 11B)  
   8.      Prescribed information about non-court based family services and court's processes and services (Act s 12B)  
   8A.     Prescribed information about reconciliation (Act s 12C)  
   8B.     Prescribed information about Part VII proceedings (Act s 12D)  
   10.     Record of proceedings  
   10A.    Proceedings for divorce order not to be instituted in a court of summary jurisdiction other than a prescribed court (Act s 44A)  
   11.     Fees in respect of proceedings  
   12.     Service in countries that are parties to certain conventions  
   12A.    Prescribed pensions, allowances or benefits -- subsection 4 (1) of the Act  
   12AB.   Appeal division -- prescribed number of members (Act s 22 (2AC))  
   12AC.   Transfer of proceedings from court of summary jurisdiction -- ceiling amount  
   12B.    Child welfare law -- prescribed law of a State or Territory  
   12BA.   Child welfare officer -- prescribed office of a State or Territory  
   12BB.   Family violence order -- prescribed laws of State or Territory  
   12C.    Artificial conception procedures: child of woman and man -- prescribed laws  
   12CA.   Artificial conception procedures: child of woman -- prescribed laws  
   12CAA.  Certificate by family dispute resolution practitioner (Act s 60I (8))  
   12CB.   Commonwealth information orders -- prescribed Departments and Commonwealth instrumentalities  
   12CC.   Registration of court decision (Act s 68R (6))  
   12CD.   Evidence relating to child abuse or family violence -- prescribed State or Territory agencies (Act s 69ZW (1))  
   12CE.   Evidence relating to professional confidential relationship privilege -- prescribed laws  
   12D.    Registration of State child orders -- prescribed States  
   13.     Authentication of consent in writing  
   14.     Meaning of prescribed overseas jurisdiction  
   14A.    Prescribed maximum period -- sentence or order (Act s 70NFC (6), 112AG (6))  
   15.     Institution etc of proceedings by persons holding certain offices  
   15AA.   Third party expenses (Act s 90AJ)  
   15A.    Leave to appeal -- prescribed decrees (Act s 94AA)  
   16.     Fee in respect of appeals  
   16A.    Review by Administrative Appeals Tribunal  
   17.     Registration of decrees  
   18.     Interstate enforcement of affiliation and similar orders  
   19.     Operation of State and Territory laws -- prescribed laws (Act s 114AB)  
   20.     Priority of attachment orders  
   21.     Conversion of currency  

   PART IIAAA--PROTECTED NAMES AND SYMBOLS

   21AAA.  Protected names (Act s 9A)  
   21AAB.  Protected symbols (Act s 9A)  

   PART IIAA--AUTOMATIC VARIATION OF FEES

   21AA.   Biennial increases  
   21AB.   Calculation of increase  

   PART IIA--PARENTAGE TESTING PROCEDURES AND REPORTS

           Division 1--General

   21A.    Application of Part  
   21B.    Interpretation  
   21C.    Parentage testing procedures  
   21D.    Compliance with Regulations  

           Division 2--Collection, storage and testing of samples

   21E.    Samplers  
   21F.    Provision of information by donor -- Form 2  
   21G.    Collection of blood samples  
   21H.    Collection of bodily samples for DNA typing  
   21I.    Container to be sealed and labelled  
   21J.    Statement by sampler -- Form 4  
   21K.    Packing and storage requirements  
   21L.    Testing of bodily samples  

           Division 3--Reports

   21M.    Reports -- Form 5  

           Division 4--Miscellaneous

   21N.    Notification of accredited laboratories and nominated reporters  

   PART III--OVERSEAS ORDERS

           Division 1--Overseas child orders

   23.     Registration of overseas child orders  
   24.     Transmission of orders to overseas jurisdiction  

           Division 2--Maintenance

   24A.    Definitions for Division 2  
   25.     Reciprocating jurisdictions  
   28.     Dealing with provisional overseas maintenance orders  
   28A.    Hearings about applications about provisional overseas maintenance orders  
   28B.    Making of orders about provisional overseas maintenance orders  
   28C.    Dealing with United States petitions  
   28D.    Hearing of applications based on United States petitions  
   28E.    Effect of orders about United States petitions  
   29.     Power to make provisional order against person in reciprocating jurisdiction  
   29A.    Dealing with provisional order against person in reciprocating jurisdiction  
   29B.    Taking of further evidence  
   29C.    Confirmation of provisional order against person in reciprocating jurisdiction  
   30.     Proceedings for enforcement of overseas maintenance entry liabilities  
   31.     Cancellation of registration in reciprocating jurisdiction  
   32.     Cancellation of registration of overseas maintenance orders  
   34.     Cancellation of registration of overseas maintenance agreements  
   36.     Party in Australia may apply to vary etc overseas maintenance order, agreeement or liability  
   37.     Discharge etc of overseas maintenance order or liability made in absence of party  
   38.     Variation etc orders -- status  
   38A.    Making and effect of provisional variation etc orders  
   38B.    Taking of further evidence  
   39.     Confirmation of variations made provisionally in reciprocating jurisdiction  

   PART IIIB--PARENTAGE

   39B.    Extension of provisions of Act  
   39BA.   Jurisdictions  

   PART IIIC--JURISDICTION OF COURTS AND RELATED MATTERS

   39C.    Jurisdiction of courts  
   39D.    Convention countries  

   PART IV--CONVENTION ON RECOVERY ABROAD OF MAINTENANCE

   40.     Interpretation of Part IV  
   45.     Immunity of Secretary from orders to pay costs  
   48.     Convention countries  
   50.     Applications by persons in convention countries for recovery of maintenance under Commonwealth, State or Territory law  
   50A.    Proceedings on behalf of persons in convention countries for recovery of maintenance  
   50B.    Return of applications  
   51.     Certain requests to be made only with leave of court  
   53.     Taking of evidence at request of appropriate authority in convention countries  
   54.     Obtaining evidence in convention countries for purposes of proceedings under this Part  
   55.     Admissibility of evidence given in convention countries  
   56.     Orders of court in convention countries  

   PART 4A--ACCREDITATION RULES

           Division 1--Preliminary

   57.     Definitions  

           Division 2--Accreditation of persons as family dispute resolution practitioners

   58.     Family dispute resolution practitioners under section 10G of Act  
   58A.    Accreditation of persons who meet requirements of subregulation 58 (2)  
   58B.    Conditions of accreditation  
   58C.    Revocation of accreditation  

   PART 4B--REGISTRATION OR LISTING OF FAMILY DISPUTE RESOLUTION PROVIDERS

           Division 1--Preliminary

   59.     Definition  
   59A.    Family Dispute Resolution Register  
   59B.    Powers and functions of Secretary in relation to Family Dispute Resolution Register  

           Division 2--Registration of family dispute resolution practitioners

   60.     Form of application  
   60A.    Information to be included in application  
   60B.    Decision on application  
   60C.    Notice of decision  
   60D.    Who is eligible for registration?  
   60E.    Registration  
   60F.    Conditions of registration  
   60G.    Suspension of registration  
   60H.    Cancellation of registration  
   60J.    Notice to show cause and decision  
   60K.    Notice of suspension  
   60L.    Notice of cancellation  
   60M.    Automatic cancellation  
   60N.    Extension of time for education, training or professional development  

           Division 3--List of organisations

   61A.    Designated organisations  
   61B.    Approved family dispute resolution organisations  
   61C.    Obligation of organisations  

   PART 4C--MISCELLANEOUS

           Division 1--Offences

   61D.    Offences  

           Division 2--Review of decisions

   61E.    Review by the AAT  

   PART 5--FAMILY DISPUTE RESOLUTION AND ARBITRATION

           Division 1--Family Dispute Resolution Practitioners

   62.     Family dispute resolution practitioners -- assessment of family dispute resolution suitability  
   62A.    Family dispute resolution practitioner certificates  
   63.     Information to be given to parties before family dispute resolution  
   64.     Obligations of family dispute resolution practitioner -- general  
   65.     Obligations of family dispute resolution practitioner -- avoidance of conflicts of interests  

           Division 2--Arbitration

   67A.    Definitions for Division 2  
   67B.    Prescribed requirements for arbitrator (Act s 10M)  
   67C.    Matters that may not be arbitrated  
   67D.    Application for referral to arbitration (Act s 13E)  
   67E.    Application relating to relevant property or financial arbitration (Act s 13F)  
   67F.    Arbitration agreement  
   67G.    Notice of arbitration  
   67H.    Costs of arbitration  
   67I.    Duties of arbitrator  
   67J.    Oath or affirmation by arbitrator  
   67K.    Suspension of arbitration -- failure to comply with direction  
   67L.    Termination of arbitration -- lack of capacity  
   67M.    Appearance in arbitration  
   67N.    Attendance of persons to give evidence  
   67O.    Application of rules of evidence  
   67P.    Making an award  
   67Q.    Registration of award (Act s 13H)  
   67R.    Notice of registration of award  
   67S.    Enforcement of registered awards  
   67T.    Registration of decree affecting registered award  

   PART VI--REPEAL AND SAVINGS

   78.     Repeal of former Family Law Regulations  
   79.     Savings -- proceedings instituted before 5 January 1976  
   80.     Savings in relation to the former Regulations  
   81.     Transitional matters in connection with Family Law Amendment Regulations 2000 (No. 2)  
   82.     Shared Parental Responsibility Act -- end of transition period  
   83.     Transitional arrangements under Shared Parental Responsibility Act  
           SCHEDULE 1
           SCHEDULE 1A Countries or parts of countries, declared to be prescribed overseas jurisdictions for certain purposes
           SCHEDULE 2 Reciprocating jurisdictions
           SCHEDULE 3 Convention on the recovery abroad of maintenance
           SCHEDULE 4 Convention countries
           SCHEDULE 4A Jurisdictions and convention countries
           SCHEDULE 5
           SCHEDULE 6 Prescribed laws -- subsection 60H (1) of the Act
           SCHEDULE 7 Prescribed laws -- subsection 60H (2) of the Act
           SCHEDULE 7A Certificate by family dispute resolution practitioner
           SCHEDULE 8 Family violence order -- prescribed laws of State or Territory
           SCHEDULE 9 Evidence relating to child abuse or family violence -- prescribed State or Territory agencies
           SCHEDULE 9A Professional confidential relationship privilege -- prescribed laws
           SCHEDULE 10 Protected Names
           SCHEDULE 11 Protected Symbols