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1
Commonwealth Powers (Family Law--Children)
Amendment Bill 2001
COMMONWEALTH POWERS (FAMILY
LAW--CHILDREN) AMENDMENT BILL
2001
EXPLANATORY NOTES
GENERAL OUTLINE
OBJECTIVES OF THE LEGISLATION
The objective of this legislation is to amend the Commonwealth Powers
(Family Law - Children) Act 1990 to refer to the Commonwealth certain
powers relating to children subject to child welfare orders under
Queensland legislation and ex-nuptial children.
REASONS FOR THE OBJECTIVES AND HOW THEY WILL BE
ACHIEVED
The purpose of this Bill is to make a further reference of power to the
Commonwealth for family law purposes. The reference builds on that made
by the Parliament in the Commonwealth Powers (Family Law Children)
Act 1990.
The referral of powers is necessary as the Family Court of Australia has
no jurisdiction to make parenting orders in relation to a child who is under
the care of a person under the Child Protection Act 1999, unless the order is
expressed to come into effect when the child ceases to be subject to that
care.
This limitation on the jurisdiction of the Family Court limits the range of
options that can be considered when the Department of Families is
conducting an assessment of a child's protective and other needs.
Similarly, the Commonwealth has no jurisdiction in relation to the
maintenance of children who are the subject of an order under the Child
Protection Act 1999. The Family Court cannot make maintenance orders
and the child support agency is unable to collect child support for such
children.
2
Commonwealth Powers (Family Law--Children)
Amendment Bill 2001
The further reference will confer jurisdiction on the Commonwealth to
make laws with respect to:
· custody, guardianship and access matters in respect of children
who are subject to a child welfare law where the relevant state
minister or authorised person consents;
· maintenance for children who are subject to a child welfare law;
and
· declarations of parentage for Commonwealth purposes.
Similar legislation referring these powers has been enacted by New
South Wales, Tasmania and Victoria.
The amendments represent an important reform of the law in relation to
children subject to State child welfare orders.
ADMINISTRATIVE COST TO GOVERNMENT OF
IMPLEMENTATION
The implementation of this Bill will not impose additional costs on the
Queensland Government.
FUNDAMENTAL LEGISLATIVE PRINCIPLES
The Bill is consistent with the fundamental legislative principles set out
in the Legislative Standards Act 1992.
CONSULTATION
The Bill followed consideration of jurisdictional arrangements in family
law and child protection by the Standing Committee of Attorneys-General.
The Bill has been developed from model drafting instructions produced
by the Parliamentary Counsel's Committee in consultation with officers
from the Family Law Division of the Commonwealth Attorney-General's
Department.
The Commission for Children and Young People and Legal Aid
Queensland both regard the Bill as a positive step for children who are
subject to child welfare orders.
3
Commonwealth Powers (Family Law--Children)
Amendment Bill 2001
NOTES ON PROVISIONS
Clause 1 is the short title of the Bill.
Clause 2 provides that the Act amends the Commonwealth Powers
(Family Law Children) Act 1990.
Clause 3 inserts a new section 3(1)(c) to add the determination of a
child's parentage for the purposes of the law of the Commonwealth to the
matters referred under the Act to the Parliament of the Commonwealth.
Clause 3 also inserts a new section 3(3) to enable the taking of an action
of a kind specified in subsection 2(a) and 2(b) with the consent of the
Minister or a person authorised in writing by the Minister.
Clause 4 replaces the Schedule to the Act.
© State of Queensland 2001