FAMILY AND COMMUNITY SERVICES ACT 1972
Table of Provisions
PART 1--Preliminary
- 1 Short title
- 6 Interpretation
PART 2--The promotion of family and community welfare
Division 1--Administration
Division 2--Objectives and powers of the Minister and the Department
Division 4--Community aides
- 16 Appointment of community aides
- 17 Duties and functions
- 18 Allowances in respect of expenses
- 19 Training of community aides
- 20 Register
PART 3--The provision of family and community services
Division 1--Provision of local services
- 22 Provision of services from family and community services centres and other places
Division 2--Special welfare funds
Division 3--Contracts for services
- 24 The Minister may enter into agreements for services
PART 4--Support services for children
Division 2--Services and facilities for children
Subdivision 2--Establishment of certain facilities and programmes for children
- 36 Establishment of facilities and programmes for children
PART 6--Maintenance obligation
Division 1--Maintenance orders
Subdivision 1--Orders with respect to children
Division 3--Jurisdiction and powers of Magistrates Court
- 130 General jurisdiction of courts of summary jurisdiction in respect of orders under this Part
- 131 Orders directing payment of nominal sum only
- 133 Interim orders for payment of maintenance
Division 4--Provisions relating to the commencement and duration of orders and to evidentiary matters
Subdivision 1--Commencement and duration of orders
Division 5--Provisions relating to the discharge, suspension, variation and revival of orders
- 143 Application of Division
- 144 General power to discharge, suspend or vary order
- 145 Variation of order against near relative of child
- 146 Effect of suspension order
- 147 Plural births
- 148 Power of court to revive suspended order
Division 6--Procedural
- 149 Complaints
- 150 Complaints in affiliation cases
- 151 Orders may direct mode of payment
- 152 Non-appearance of defendant
- 153 Court may set aside order made in the absence of the defendant
- 154 Court may require defendant to state his or her employer etc
Division 7--Enforcement of orders and supplementary provisions
Subdivision 1--Attachment of property, caveats, warrants, disobedience of orders etc
- 155 Attachment of property of persons against whom order is sought
- 156 Order for delivery of attached property
- 157 Attachment may be pleaded
- 158 Liability of persons contravening order
- 159 Collection by police of money due to Chief Executive
- 160 Caveats
- 161 Warrant to enforce payments under orders
- 162 Registration of warrant and effect thereof
- 163 Sale under warrant
- 164 Assurances to purchaser
- 165 Issue of warrant without previous demand
- 166 Effect of payment under warrant
- 167 Application of money received under warrant
- 168 Bond or security for compliance with maintenance order
- 169 Power to commit for failure to pay maintenance
- 170 Warrant may be issued upon complaint enforcing maintenance order
- 172 Disobedience of order and quitting State
- 173 Leaving child under certain circumstances an offence
- 174 Warrant for arrest may be issued before offence committed
Subdivision 2--Attachment of earnings
- 175 Interpretation
- 176 Application for attachment of earnings order
- 177 Employer to make payments under order
- 178 Power to make attachment of earnings order instead of other order
- 179 Discharge, suspension or variation of order
- 180 Cessation of attachment of earnings order
- 181 Compliance with order
- 182 Where two or more orders are in force
- 183 Notice to defendants of payments made
- 184 Determination as to what payments are earnings
- 185 Service
- 186 Defence to prosecution under this Subdivision
- 187 Dismissing an employee etc by reason of the making of an attachment of earnings order
- 188 Application of Subdivision
- 189 Payments by Crown etc
Subdivision 3--General
- 190 Provision where defendant supported wife, husband or child during any period
- 191 Duties of Registrar of court in relation to orders
- 192 Penalty for molesting child contrary to interstate custody order
- 194 Compellability of defendant as witness at hearing of complaint for non-compliance
- 195 Proof of payment or non-payment under maintenance order
Division 8--Reciprocal enforcement of orders
Subdivision 1--Interpretation and administration
- 196 Interpretation
- 197 Collector of Maintenance, Deputy Collector of Maintenance and Assistant Collectors of Maintenance
- 198 Powers of Collector
Subdivision 2--Interstate maintenance
- 200 Transmission of South Australian orders for enforcement in other States
- 201 Enforcement in this State of orders made in other Australian States
- 202 Collector to notify original State when defendant leaves this State
- 203 Application for provisional order of variation
- 204 Discharge, suspension or variation of order made in absence of defendant
- 205 Law to be applied
- 206 Order of variation to be provisional only
- 207 Procedure where provisional order remitted by court of other Australian State
- 208 Confirmation in this State of provisional orders made in other Australian States
- 209 Proceedings for enforcement
Subdivision 3--Overseas maintenance
- 210 Transmission of maintenance orders made in this State for enforcement in reciprocating countries
- 211 Power to make provisional order against person resident in reciprocating country
- 212 Cancellation of registration
- 213 Registration of overseas orders
- 214 Confirmation of provisional orders made overseas
- 215 Order enforceable in this State may be sent to another Australian State
- 216 Registration of overseas orders registered or confirmed in another Australian State
- 217 Transmission of documents where defendant not in this State
- 218 Cancellation of registration
- 219 Proceedings for enforcement
- 220 Defendant in this State may apply for order of variation
- 221 Discharge, suspension or variation of order made in absence of defendant
- 222 Law to be applied
- 223 Certain orders to be provisional only
- 224 Procedure where provisional order remitted by court in reciprocating country
- 225 Confirmation in this State of provisional orders of variation made in reciprocating countries
- 226 Power of Governor to declare reciprocating countries
Subdivision 4--General
- 227 Payments to be made to Collector
- 228 Collector to notify changes in orders enforceable in other Australian States or reciprocating countries
- 229 Collector to note changes in orders made or enforceable in South Australia
- 230 Conversion of currency
- 231 Translation of orders and records
- 232 Certificate of payment of arrears
- 233 Evidentiary
- 234 Service of documents
- 235 Audit
PART 7--Provisions of general application
- 236A Hindering a person in execution of duty
- 236B Impersonating an employee of the Department
- 237 Exclusion of persons from the hearing of certain cases
- 238 Restriction on publication of reports on affiliation proceedings etc
- 239 Institution and conduct of proceedings
- 240 Evidentiary provision
- 242 The Chief Executive may require report
- 243 Ascertainment of earnings
- 244 Appropriation of maintenance payments
- 245 Evidence of spouses
- 246 Officer of Department not to be compelled to give certain evidence etc
- 247 Application of Act to persons residing outside the State
- 248 Continuity of order
- 249 Orders need not be served
- 251 Regulations
Legislative history
Appendix--Divisional penalties and expiation fees
The Parliament of South Australia enacts as
follows: