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FAMILY LAW AMENDMENT ACT 2003 NO. 138, 2003 - SCHEDULE 7

- Miscellaneous amendments Part 1—Amendments

Family Law Act 1975

1 Subsection 4(1)

Insert:

"child representative" means a person who represents a child in proceedings under an appointment made under a court order under subsection 68L(2).

2 Section 17

Omit "applicable Rules of Court shall provide for the furnishing to persons proposing to institute proceedings under this Act (other than under Part VII), and in appropriate cases to their spouses, of documents setting out", substitute "court must provide documents to persons proposing to institute proceedings under this Act (other than under Part VII), and in appropriate cases to their spouses, setting out".

3 Subsection 19A(2)

Repeal the subsection, substitute:

(2)
The appropriate officer at the court must make arrangements for the dispute to be mediated.

4 Subsection 19B(1)

Omit "Subject to the standard Rules of Court, the", substitute "The".

5 Subsection 19B(3)

Omit "in accordance with the standard Rules of Court".

6 Subsection 19J(2)

Omit "standard Rules of Court must provide for persons who propose to institute proceedings under this Act, and (in appropriate cases) their spouses, and other interested persons, to be given", substitute "court must provide to persons who propose to institute proceedings under this Act, and (in appropriate cases) their spouses, and other interested persons,".

7 At the end of section 19N

Add:

(3)
Subsection (2) does not apply to the following:

(a) an admission by an adult that indicates that a child has been abused or is at risk of abuse;
(b) a disclosure by a child that indicates that the child has been abused or is at risk of abuse;

unless, in the opinion of the court, there is sufficient evidence of the admission or disclosure available to the court from other sources.

(4)
In this section:

"abuse", in relation to a child, means:

(a) an assault, including a sexual assault, of the child which is an offence under a law, written or unwritten, in force in the State or Territory in which the act constituting the assault occurs; or
(b) a person involving the child in a sexual activity with that person or another person in which the child is used, directly or indirectly, as a sexual object by the first-mentioned person or the other person, and where there is unequal power in the relationship between the child and the first-mentioned person.

"child" means a person who is under 18.

8 Subsection 34(2)

Repeal the subsection.

9 Subsection 37A(3)

Omit "Rules", substitute "applicable Rules".

10 Subsection 37A(4)

Omit "Rules", substitute "applicable Rules".

11 Subsection 37A(9)

Omit "Rules", substitute "applicable Rules".

12 Subsection 44(1B)

Omit "in the form prescribed by the applicable Rules of Court".

13 At the end of section 62F

Add:

(9)
Subsection (8) does not apply to the following:

(a) an admission by an adult that indicates that a child has been abused or is at risk of abuse;
(b) a disclosure by a child that indicates that the child has been abused or is at risk of abuse;

unless, in the opinion of the court, there is sufficient evidence of the admission or disclosure available to the court from other sources.

(10)
In this section:

"abuse", in relation to a child, means:

(a) an assault, including a sexual assault, of the child which is an offence under a law, written or unwritten, in force in the State or Territory in which the act constituting the assault occurs; or
(b) a person involving the child in a sexual activity with that person or another person in which the child is used, directly or indirectly, as a sexual object by the first-mentioned person or the other person, and where there is unequal power in the relationship between the child and the first-mentioned person.

"child" means a person who is under 18.

14 Section 62H

Omit "applicable Rules of Court must provide for people proposing to institute proceedings under this Part in relation to children, and in appropriate cases to other persons who may be interested in the care, welfare and development of children, to be given", substitute "court must provide to people proposing to institute proceedings under this Part in relation to children, and in appropriate cases to other persons who may be interested in the care, welfare and development of children,".

15 Subparagraph 66S(1)(a)(ii)

Omit "under the applicable Rules of Court".

16 Subsections 67W(1) and (2)

Repeal the subsections, substitute:

(1)
A recovery order remains in force for the period specified in the order or 12 months, whichever is the shorter period.

17 Subsection 68J(2)

Omit ", subject to the applicable Rules of Court,".

18 Subsection 70NG(3)

Omit ", in accordance with the applicable Rules of Court,".

19 At the end of section 70NI

Add:

(2)
Subsection (1) does not apply to the following:

(a) an admission by an adult that indicates that a child has been abused or is at risk of abuse;
(b) a disclosure by a child that indicates that the child has been abused or is at risk of abuse;

unless, in the opinion of the court, there is sufficient evidence of the admission or disclosure available to the court from other sources.

(3)
In this section:

"abuse", in relation to a child, means:

(a) an assault, including a sexual assault, of the child which is an offence under a law, written or unwritten, in force in the State or Territory in which the act constituting the assault occurs; or
(b) a person involving the child in a sexual activity with that person or another person in which the child is used, directly or indirectly, as a sexual object by the first-mentioned person or the other person, and where there is unequal power in the relationship between the child and the first-mentioned person.

"child" means a person who is under 18.

20 Subsection 70NJ(4)

Omit "section 70NM", substitute "section 70NL".

21 Subsection 94(2A)

Omit ", in accordance with the standard Rules of Court,".

22 Subsection 94(2A) (note)

Repeal the note.

23 Subsection 94AAA(7)

Omit ", in accordance with the standard Rules of Court,".

24 Subsection 97(1A)

Omit "Judge,", substitute "Judge, Judicial Registrar, Registrar,".

25 After subsection 106B(4)

Insert:

(4A)
In addition to the powers the court has under this section, the court may also do any or all of the things listed in subsection 80(1).

26 Subsection 107(2)

Repeal the subsection, substitute:

(2)
This section does not affect the operation of:

(a) Division 13A of Part VII; or
(b) Part XIIIA; or
(c) Part XIIIB.

27 Paragraph 112AD(2)(b)

After "sentence", insert "by order".

28 Paragraph 112AG(1)(a)

After "sentence", insert "by order".

29 Subsection 117(2)

Omit "subsection (2A)", substitute "subsections (2A), (4) and (5)".

29A At the end of section 117

Add:

(3)
To avoid doubt, in proceedings in which a child representative has been appointed, the court may make an order under subsection (2) as to costs or security for costs, whether by way of interlocutory order or otherwise, to the effect that each party to the proceedings bears, in such proportion as the court considers just, the costs of the child representative in respect of the proceedings.

(4)
However, in proceedings in which a child representative has been appointed, if:

(a) a party to the proceedings has received legal aid in respect of the proceedings; or
(b) the court considers that a party to the proceedings would suffer financial hardship if the party had to bear a proportion of the costs of the child representative;

the court must not make an order under subsection (2) against that party in relation to the costs of the child representative.

(5)
In considering what order (if any) should be made under subsection (2) in proceedings in which a child representative has been appointed, the court must disregard the fact that the child representative is funded under a legal aid scheme or service established under a Commonwealth, State or Territory law or approved by the Attorney-General.

30 Paragraphs 117A(1)(a) and (c)

Omit "section 112AD", substitute "Division 13A of Part VII".

31 Subsection 117C(2A)

Repeal the subsection.

32 Paragraph 121(9)(da)

Omit "the display of a notice in the premises of a court that lists", substitute "the publication by the court of lists of".

33 At the end of subsection 121(9)

Add:

; or (g) publication of accounts of proceedings, where those accounts have been approved by the court.

34 Paragraph 123(1)(q)

Omit "recognizances" (wherever occurring), substitute "bonds and recognizances".

Part 2—Application of amendments 35 Application of amendments

(1) The amendments made by items 7, 13 and 19 of Part 1 of this Schedule apply to admissions or disclosures made after the commencement of this item.
(2) Items 29 and 29A apply to proceedings instituted in the court after the commencement of this item.



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