Family Law Act - Australia

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by standard Rules of Court under subsection 37A(1)): (a) the Principal Registrar is subject to the direction and control of the Chief Judge and is not subject to the direction or control of any other person or body; (b) a Registrar is subject to the direction and control of: (i) the Chief Judge; (ii) any other Judge authorized by the Chief Judge to direct and control that Registrar; and (iii) the Principal Registrar; and is not subject to the direction or control of any other person or body; and (c) a Deputy Registrar is subject to the direction and control of: (i) the Chief Judge; (ii) any other Judge authorized by the Chief Judge to direct and control that Deputy Registrar; (iii) the Principal Registrar; and (iv) the Registrars; and is not subject to the direction or control of any other person or body.

      (2) Without limiting the generality of subsection (1), the Principal Registrar may, subject to this Act and to any directions of the Chief Judge, make arrangements as to the Registrars or Deputy Registrars who are to perform any functions or exercise any power under this Act, under the regulations or under the standard Rules of Court (including a power delegated by standard Rules of Court under subsection 37A(1)) in particular matters or classes of matters.

      (3) The powers of the Principal Registrar in relation to the Registrars and the Deputy Registrars, and the powers of the Registrars in relation to the Deputy Registrars, shall be exercised subject to the directions of the Chief Judge.

      (4) Subject to subsection (4A), action must not be taken in relation to the Principal Registrar, a Registrar or a Deputy Registrar (or a former Principal Registrar, Registrar or Deputy Registrar): (a) by an Agency Head under section 15 of the Public Service Act 1999; or (b) by the Australian Public Service Commissioner under section 41B of that Act; or (c) by the Merit Protection Commissioner under section 50A of that Act; unless the Chief Judge has requested the Agency Head, the Australian Public Service Commissioner or the Merit Protection Commissioner to take such action.

      Note: Sections 15, 41B and 50A of the Public Service Act 1999 make provision for dealing with an alleged breach of the Code of Conduct (within the meaning of that Act) by an APS employee or a former APS employee.

      (4A) Subsection (4) does not apply if the Prime Minister has requested the Australian Public Service Commissioner to take action under section 41B of the Public Service Act 1999 in relation to the Principal Registrar, a Registrar or a Deputy Registrar (or a former Principal Registrar, Registrar or Deputy Registrar).

      (5) In this section, Registrar means a Registrar of the Court.

      37C Oath or affirmation of office A Principal Registrar, Registrar or Deputy Registrar shall, before proceeding to discharge the duties of the office, take, before the Chief Judge or another Judge of the Family Court, an oath or affirmation in the following form:

      “I, do swear that I will well and truly serve in the office of (Principal Registrar, Registrar or Deputy Registrar, as the case may be) of the Family Court of Australia and that I will do right to all manner of people according to law, without fear or favour, affection or illwill, So help me God.”

      or

      “I, do solemnly and sincerely promise and declare that ” (as above, omitting the words “So help me God”).

      Division 7 — Practice and procedure

      38 Practice and procedure (1) Subject to this Act, the practice and procedure of the Court shall be in accordance with the regulations and the standard Rules of Court.

      (2) In so far as the provisions applicable in accordance with subsection (1) are insufficient, the Rules of the High Court, as in force for the time being, apply, mutatis mutandis, so far as they are capable of application and subject to any directions of the Court or a Judge, to the practice and procedure of the Court.

      (2A) This section does not apply in relation to proceedings that are transferred to the Court from the Federal Court of Australia.

      (3) In this section, practice and procedure includes all matters with respect to which regulations or standard Rules of Court may be made under this Act.

      Part IV A — Management of the Court

      Division 1 — Management responsibilities of the Chief Judge and the Chief Executive Officer

      38A Management of administrative affairs of Court (1) The Chief Judge is responsible for managing the administrative affairs of the Court.

      (2) For that purpose, the Chief Judge has power to do all things that are necessary or convenient to be done, including, on behalf of the Commonwealth: (a) entering into contracts; and (b) acquiring or disposing of personal property.

      (3) The powers given to the Chief Judge by subsection (2) are in addition to any powers given to the Chief Judge by any other provision of this Act or by any other Act.

      (4) Subsection (2) does not authorise the Chief Judge to enter into a contract under which the Commonwealth is to pay or receive an amount exceeding $250,000 or, if a higher amount is prescribed, that higher amount, except with the approval of the Attorney‑General.

      38B Chief Executive Officer In the management of the administrative affairs of the Court, the Chief Judge is assisted by the Chief Executive Officer.

      Division 1A — Administration of Court’s family services

      38BA Chief Executive Officer has functions of family consultants (1) The Chief Executive Officer has all of the functions conferred on family consultants by section 11A, and any associated powers and duties.

      (2) Without limiting subsection (1), sections 11C (admissibility of communications with family consultants) and 11D (immunity of family consultants) apply to the Chief Executive Officer while the Chief Executive Officer is performing those functions.

      (3) The Chief Executive Officer is responsible for administering the functions of family consultants.

      38BB Chief Executive Officer may delegate powers and functions that relate to family consultants (1) The Chief Executive Officer may, in writing, delegate to a family consultant any of the Chief Executive Officer’s powers, functions and duties in relation to the functions of family consultants mentioned in section 11A.

      (2) A delegate is, in the exercise of a delegated power, function or duty, subject to the directions of the Chief Executive Officer.

      38BC Chief Executive Officer may give directions that relate to family services functions The Chief Executive Officer may give directions that relate to: (a) a Court officer’s functions as a family consultant; or (b) a Court officer’s or staff member’s functions as a family counsellor or family dispute resolution practitioner.

      38BD Chief Executive Officer may authorise officer or staff member to act as family counsellor or family dispute resolution practitioner (1) The Chief Executive Officer may authorise an officer or staff member of the Family Court to provide family counselling under this Act.

      (2) The Chief Executive Officer may authorise an officer or staff member of the Family Court to provide family dispute resolution under this Act.

      (3) If an officer who is a family consultant also becomes a family counsellor, or family dispute resolution practitioner, because of an authorisation under this section: (a) section 11C (admissibility of communications with family consultants) does not apply to the officer at any time while the officer is acting as a family counsellor or family dispute resolution practitioner; and (b) the officer must not perform the functions of a family consultant in relation to particular proceedings, if the officer has conducted family counselling or family dispute resolution with a person involved in those proceedings.

      Division 2 — Chief Executive Officer

      38C Establishment and appointment of Chief Executive Officer (1) There is to be a Chief Executive Officer of the

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