Care of Children Amendment Act 2013

1: Title
This Act is the Care of Children Amendment Act 2013.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council, and 1 or more orders may be made appointing different dates for different provisions.
2: If any provision of this Act has not earlier been brought into force under subsection (1), it comes into force on the day that is 1 year after the date on which this Act receives the Royal assent.
3: Principal Act
This Act amends the Care of Children Act 2004 principal Act 2014-07-15 Care of Children Act 2004 see section 2(1) This Act or parts of this Act can come into force earlier by OIC.
4: Costs of court-appointed counsel
Section 131
4: Despite subsection (1), the court may, if it thinks it is appropriate, order a party to the proceedings to refund to the Crown an amount the court specifies in respect of any fees and expenses that relate to an appointment under section 130(1) and have been paid under that subsection.
5: Despite subsection (1), where in any proceedings, other than an application under section 105 or 111, a lawyer has been appointed under section 7(1) and the fees and expenses relating to that appointment have been paid under subsection (1), the court must make an order under section 131A
6: However, no order under section 131A
a: the Crown, whether acting through the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989 or otherwise; or
b: a person in whose custody the child concerned has been placed pursuant to an order made under the Children, Young Persons, and Their Families Act 1989.
5: New sections 131A to 131C inserted
The following sections are inserted after section 131
131A: Order requiring refund of payments in respect of lawyer acting for child
1: An order referred to in section 131(5)
2: Each party must pay an equal share of the prescribed proportion.
3: Despite subsection (1)
4: Despite subsection (2)
5: In this section,— dependent child, prescribed proportion serious hardship
a: includes significant financial difficulties that arise because of—
i: the party's inability to meet minimum living expenses according to normal community standards; or
ii: the cost of medical treatment for an illness or injury of the party or a dependent child of the party; or
iii: a serious illness suffered by the party or by a dependent child of the party; or
iv: the cost of education for a dependent child of the party:
b: does not include significant financial difficulties that arise because—
i: the social activities and entertainment of the party or those of a dependent child of the party may be limited; or
ii: the party is unable to afford goods or services that are expensive or of a high quality or standard according to normal community standards.
131B: Enforcement of orders to refund fees and expenses of court-appointed lawyers
1: The amount that a party is ordered to refund under section 131(4) 131A
2: Despite section 113 or 123 of the District Courts Act 1947 or section 100A of the Judicature Act 1908, no court fee is payable by a person who seeks to enforce, on behalf of the Crown, an order referred to in subsection (1)
a: is to be added to the amount sought to be enforced; and
b: must be paid to the Registrar of the court out of any proceeds that result from the enforcement.
3: For the purposes of section 14(1)(b) of the Crown Proceedings Act 1950, the Secretary for Justice may, on behalf of the Crown, enforce a debt under this section.
131C: Time for payment of orders to refund fees and expenses of court-appointed lawyers may be extended
1: If an amount that a party is ordered to refund under section 131(4) 131A
a: a greater time for payment:
b: payment to be made by instalments.
2: No arrangement under subsection (1)
3: No action to enforce an amount that is the subject of an arrangement under this section may be taken as long as the arrangement continues in force and is duly observed.
4: If an amount may be paid by instalments and default is made in the payment of any instalment, proceedings may be taken against the person in default as if default had been made in the payment of all instalments then remaining unpaid.
6: Regulations
Section 147(2)
ca: prescribing, for the purposes of section 131A .
7: Transitional provisions relating to reimbursement of costs of court-appointed counsel
1: Section 131(4) section 4 section 4
2: This subsection applies to—
a: any order made under section 131(4) section 4
b: any order made, after that commencement, under section 131(4)
3: Despite subsection (1), in relation to any orders to which subsection (2) applies, section 131(4)
4: Sections 131A 131B(1) section 5 section 5
5: Sections 131B(2) and (3) and 131C section 5