Victorian Consolidated Legislation

Commonwealth Powers (Family Law-Children) Act 1986 - SECT 3

Reference of certain matters relating to children

3. Reference of certain matters relating to children



(1) The following matters, to the extent to which they are not otherwise
included in the legislative powers of the Parliament of the Commonwealth, are
referred to the Parliament of the Commonwealth for a period commencing on the
day on which this Act comes into operation and ending on the day fixed,
pursuant to section 4, as the day on which the reference under this section
will terminate, but no longer namely-

   (a)  the maintenance of children and the payment of expenses in relation to
        children or child bearing;

   (b)  the custody and guardianship of, and access to, children;





   (c)  the determination of a child's parentage for the purposes of the law
        of the Commonwealth, whether or not the determination of the child's
        parentage is incidental to the determination of any other matter
        within the legislative powers of the Commonwealth.

(2) Subject to subsection (2A), the matters referred by subsection (1) do not
include the matter of the adoption of children or the taking, or the making of
provision for or in relation to authorizing the taking, of action that would
prevent or interfere with-

   (a)  a Minister of the Crown, an officer of the State, an officer of an
        adoption agency approved under a law of the State, or any other person
        or body having or acquiring the custody, guardianship, care or control
        of children under a provision specified in the Schedule; or



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   (c)  the jurisdiction of the Supreme Court to make orders in respect of
        children who are in such custody, guardianship, care or control; or

   (d)  the jurisdiction of a court of the State or the powers of a tribunal
        or of a bail justice, under a provision specified in the Schedule, to
        make orders, or take any other action, in respect of-

   (i)  the custody, guardianship, care or control of children; or

   (ii) access to children or the supervision of children.

(2A) The matters referred by subsection (1) include the matter of the taking,
or the making of provision for or in relation to authorising the taking, of
action that would prevent or interfere with a matter referred to in subsection
(2)(a), (c) or (d) if-

   (a)  the Minister of the Crown responsible for the administration of the
        relevant provision specified in the Schedule; or

   (b)  a person authorised, in writing, by that Minister of the Crown to act
        on his or her behalf for the purposes of Part VII of the
        Family Law Act 1975 of the Commonwealth-

consents, in writing, to the taking of such action by way of instituting, or
continuing, proceedings under that Act in a court having jurisdiction under
that Act.

(3) In the preceding provisions of this section-

   (a)  the references to children shall be construed as references to persons
        under the age of 18 years; and

   (b)  the references to the maintenance of, and the payment of expenses in
        relation to, children shall be construed as including references to
        the maintenance of, and the payment of expenses in relation to,
        persons who have attained that age and have special needs in respect
        of maintenance or expenses by reason of being engaged in a course of
        education or training or by reason of a physical or mental handicap;
        and





   (c)  the references to a provision specified in the Schedule shall be read
        as references to the provision as amended and in force from time to
        time, and as including a reference to any provision or provisions
        replacing that provision and as amended and in force from time to
        time.