• Specific Year
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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

  • 8 Delegation

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

  • 23 Special 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:

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