Family Courts Amendment Act 2013

1: Title
This Act is the Family Courts Amendment Act 2013.
2: Commencement
This Act comes into force on 1 October 2014 unless it is earlier brought into force on a date appointed by the Governor-General by Order in Council. Section 2 brought into force 31 March 2014 Family Courts Amendment Act 2013 Commencement Order 2014
3: Principal Act
This Act amends the Family Courts Act 1980 principal Act OIC LI 2014/92 2014-03-31 Family Courts Act 1980 unless it is earlier brought into force on a date appointed by the Governor-General by Order in Council.
4: New sections 9A to 9C inserted
After section 9
9A: Duty of lawyers to promote conciliation
1: A lawyer acting for a party in any proceeding in the Family Court must, so far as possible, promote conciliation.
2: In subsection (1) party
9B: Role of lawyer appointed to represent child or young person in proceedings
1: The role of a lawyer who is appointed to represent a child or young person in proceedings is to—
a: act for the child or young person in the proceedings in a way that the lawyer considers promotes the welfare and best interests of the child or young person:
b: ensure that any views expressed by the child or young person to the lawyer on matters affecting the child or young person and relevant to the proceedings are communicated to the court:
c: assist the parties to reach agreement on the matters in dispute in the proceedings to the extent to which doing so is in the best interests of the child or young person:
d: provide advice to the child or young person, at a level commensurate with that child's or young person's level of understanding, about—
i: any right of appeal against a decision of the court; and
ii: the merits of pursuing any such appeal:
e: undertake any other task required by or under any other Act.
2: To facilitate the role set out in subsection (1)(b)
3: However, subsection (2)
4: A lawyer appointed to represent a child or young person in proceedings may—
a: call any person as a witness in the proceedings:
b: cross-examine witnesses called by any party to the proceedings or by the court.
9C: Role of lawyer appointed to assist court
1: The role of a lawyer who is appointed to assist the court in proceedings is to—
a: provide independent legal advice to the court on any complex factual or legal issue requested by the court:
b: offer an impartial perspective in relation to any issue arising in the proceedings:
c: undertake any other task required by or under any other Act.
2: A lawyer appointed to assist the court in proceedings may—
a: call any person as a witness in the proceedings:
b: cross-examine witnesses called by any party to the proceedings or by the court.
5: New section 12A inserted (Evidence)
After section 12
12A: Evidence
1: This section applies to a proceeding—
a: under an Act specified in subsection (2)
b: in a court described in subsection (3)
2: The Acts referred to in subsection (1)(a)
a: Adoption Act 1955:
b: Care of Children Act 2004:
c: Child Support Act 1991:
d: Children, Young Persons, and Their Families Act 1989:
e: Domestic Violence Act 1995:
f: Family Proceedings Act 1980:
g: Property (Relationships) Act 1976:
h: Protection of Personal and Property Rights Act 1988.
3: The courts referred to in subsection (1)(b)
a: a Family Court:
b: a District Court that has concurrent jurisdiction with a Family Court:
c: a District Court acting under section 15:
d: a District Court hearing a proceeding under section 151 of the Children, Young Persons, and Their Families Act 1989:
e: any other court hearing a proceeding that is—
i: under an Act specified in subsection (2)
ii: not a criminal proceeding; and
iii: one in which the court receives evidence or further evidence.
4: The effect of section 5(3) of the Evidence Act 2006 is that that Act applies to the proceeding. However, the court hearing the proceeding may receive any evidence, whether or not admissible under the Evidence Act 2006, that the court considers may assist it to determine the proceeding.
6: Section 16B amended (Regulations)
1: In the heading to section 16B Regulations relating to court fees
2: Repeal section 16B(1)(g)
7: New section 16D inserted (Regulations relating to payments to professionals)
After section 16C
16D: Regulations relating to payments to professionals
Fees and expenses for lawyers for child and lawyers to assist court
1: In subsections (2) to (5), lawyer
a: a lawyer appointed under any of the following provisions to represent a child or young person:
i: section 7 of the Care of Children Act 2004:
ii: section 226 of the Child Support Act 1991:
iii: section 159 of the Children, Young Persons, and Their Families Act 1989:
iv: section 81(1)(b) of the Domestic Violence Act 1995:
v: section 162 of the Family Proceedings Act 1980:
vi: section 37A of the Property (Relationships) Act 1976; or
b: a lawyer appointed under any of the following provisions to assist the court:
i: section 130 of the Care of Children Act 2004:
ii: section 226A of the Child Support Act 1991:
iii: section 160 of the Children, Young Persons, and Their Families Act 1989:
iv: section 81(1)(a) of the Domestic Violence Act 1995:
v: section 162A of the Family Proceedings Act 1980:
vi: section 65A of the Protection of Personal and Property Rights Act 1988.
2: The Governor-General may, from time to time, by Order in Council, make regulations for determining—
a: the fees payable to a lawyer in respect of the lawyer's appointment:
b: the expenses payable to a lawyer in respect of the lawyer's appointment.
3: Regulations under subsection (2)(a) may—
a: prescribe the maximum hourly rate or rates for the fee payable, and different rates may be prescribed depending on—
i: the complexity of the proceedings:
ii: the number of proceedings in which the lawyer is engaged during a specified period:
b: prescribe the maximum number of hours for which the fee is payable, and different numbers of hours may be prescribed depending on—
i: the complexity of the proceedings:
ii: the number of proceedings in which the lawyer is engaged during a specified period:
c: provide that any rate prescribed under paragraph (a), or any number of hours prescribed under paragraph (b), or both, may be increased by the court in a particular proceeding if the court is satisfied that the increase is justified because of exceptional circumstances.
4: If no regulations are made under subsection (2)(a) in respect of any lawyer, the fees payable to that lawyer are to be determined by the Registrar of the court.
5: Regulations under subsection (2)(b) may prescribe—
a: the types of expenses for which a lawyer may claim reimbursement:
b: the rate of reimbursement of those expenses:
c: the circumstances in which expenses may be reimbursed. Fees and expenses for report writers under Care of Children Act 2004
6: In subsections (7) to (10), report writer
a: a person who prepares a cultural report when requested to do so under section 133(2) of the Care of Children Act 2004:
b: a person who prepares a medical report when requested to do so under section 133(2) of the Care of Children Act 2004:
c: a person who prepares a psychiatric report when requested to do so under section 133(2) of the Care of Children Act 2004:
d: a person who prepares a psychological report when requested to do so under section 133(5) of the Care of Children Act 2004.
7: The Governor-General may, from time to time, by Order in Council, make regulations for determining—
a: the fees payable to a report writer for doing either or both of the following:
i: preparing a report:
ii: attending as a witness in the proceedings for which the report writer prepared the report:
b: the expenses payable to a report writer for doing either or both of the following:
i: preparing a report:
ii: attending as a witness in the proceedings for which the report writer prepared the report.
8: Regulations under subsection (7)(a) may—
a: prescribe the maximum hourly rate or rates for the fee payable, and different rates may be prescribed depending on—
i: the type of report:
ii: the complexity of the proceedings:
iii: the number of proceedings in which the report-writer is engaged during a specified period:
b: prescribe the maximum number of hours for which the fee is payable, and different numbers of hours may be prescribed depending on—
i: the type of report:
ii: the complexity of the proceedings:
iii: the number of proceedings in which the report-writer is engaged during a specified period:
c: provide that any rate prescribed under paragraph (a), or any number of hours prescribed under paragraph (b), or both, may be increased by the court in a particular proceeding if the court is satisfied that the increase is justified because of exceptional circumstances.
9: If no regulations are made under subsection (7)(a) in respect of any report writer, the fees payable to that report writer are to be determined by the Registrar of the court.
10: Regulations under subsection (7)(b) may prescribe the following:
a: the types of expenses for which a report writer may claim reimbursement:
b: the rate of reimbursement of those expenses:
c: the circumstances in which expenses may be reimbursed.
8: Section 17 amended (Certain enactments amended)
Repeal section 17(2)
9: New section 17A inserted (Repeals)
After section 17
17A: Repeals
The following provisions are repealed:
a: section 24 of the Adoption Act 1955:
b: section 128 of the Care of Children Act 2004:
c: section 228 of the Child Support Act 1991:
d: section 195 of the Children, Young Persons, and Their Families Act 1989:
e: section 84 of the Domestic Violence Act 1995:
f: sections 4 and 5 of the Family Courts Amendment Act 2008:
g: section 164 of the Family Proceedings Act 1980:
h: section 36 of the Property (Relationships) Act 1976:
i: section 77 of the Protection of Personal and Property Rights Act 1988. OIC LI 2014/92 2014-03-31 Adoption Act 1955 Care of Children Act 2004 Child Support Act 1991 Children, Young Persons, and Their Families Act 1989 Domestic Violence Act 1995 Family Courts Amendment Act 2008 Family Proceedings Act 1980 Property (Relationships) Act 1976 Protection of Personal and Property Rights Act 1988 Consequential amendments. Unless it is earlier brought into force on a date appointed by the Governor-General by Order in Council