Family Court Amendment Regulations 2025 00-00-00 Xml

Western Australia

Family Court Amendment Regulations 2025

Contents

1.Citation1

2.Commencement1

3.Regulations amended1

4.Regulation 10 amended1

5.Regulations 10A to 10C inserted1

10A.Authentication of consent in writing1

10B.Information sharing agencies (Act s. 162C)1

10C.Information sharing safeguards (Act s. 162I(1))1

6.Regulation 12 deleted1

7.Regulation 17A replaced1

17A.Authorities prescribed (Act s. 236D(2)(c))1

Family Court Act 1997

Family Court Amendment Regulations 2025

Made by the Governor in Executive Council.

1.Citation

These regulations are the Family Court Amendment Regulations 2025.

2.Commencement

These regulations come into operation as follows —

(a)regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

(b)the rest of the regulations — on 10 February 2025.

3.Regulations amended

These regulations amend the Family Court Regulations 1998.

4.Regulation 10 amended

In regulation 10:

(a)after “66H(7)(b)” insert:

or (e)

(b)delete “is to” and insert:

must

Note: The heading to amended regulation 10 is to read:

Matters prescribed (Act s. 66H(7)(b) and (e))

5.Regulations 10A to 10C inserted

After regulation 10 insert:

10A.Authentication of consent in writing

For the purposes of sections 107(1)(c)(i), 107A(1)(b)(i), 108(1)(c)(i), 108A(1)(b)(i), 109(1)(g)(i) and 110(1)(g)(i), a consent in writing must be authenticated by a person who is an authorised witness under the Oaths, Affidavits and Statutory Declarations Act 2005 section 12(6) endorsing on the consent a statement that —

(a)the person is satisfied about the identity of the person signing the consent; and

(b)the consent was signed in the person’s presence.

10B.Information sharing agencies (Act s. 162C)

For the purposes of section 162C, each of the following is prescribed as an information sharing agency —

(a)the police force or police service of a State or Territory;

(b)the part of the police force or police service of a State or Territory that has primary responsibility for firearms licensing;

(c)the part of the Australian Federal Police that provides police services in relation to the Australian Capital Territory;

(d)the part of the Australian Federal Police that has primary responsibility for firearms licensing in relation to the Australian Capital Territory;

(e)either —

(i)the department of a State or Territory that has primary responsibility for child protection in that State or Territory; or

(ii)if, in a State or Territory, only a part of a department has primary responsibility for child protection — that part of the department.

10C.Information sharing safeguards (Act s. 162I(1))

(1)For the purposes of section 162I(1), this regulation prescribes information sharing safeguards that —

(a)an information sharing agency must have regard to when providing particulars, documents or information (the shared material) under an order made under section 162D or 162E, or under section 162D(6) or 162E(6); and

(b)the court must have regard to when using particulars, documents or information (the shared material) provided by an information sharing agency under an order made under section 162D or 162E, or under section 162D(6) or 162E(6).

(2)Particulars and documents are, and information is, only to be provided, and shared material is only to be stored and used, to the extent —

(a)that the material relates to a matter mentioned in section 162D(2) or 162E(2); or

(b)required or authorised by a law of the Commonwealth, State or Territory or a court order (including an order made under section 162D or 162E).

(3)The shared material is to be provided, stored and used in good faith and with reasonable care to protect persons who are involved in, or could be affected by, the provision, storage or use of the shared material from physical and psychological harm.

(4)The shared material is to be provided, stored and used in a manner that prevents improper access to or disclosure of the shared material.

(5)Reasonable steps are to be taken to prevent the shared material being accessed by or disclosed to a person who poses, or potentially poses, a risk of subjecting or exposing any of the following to abuse, neglect or family violence —

(a)a party to the proceedings;

(b)a child to whom the proceedings relate;

(c)another person to whom the shared material relates.

(6)Subregulation (5) does not apply if the access or disclosure is in accordance with an order of a court (whether of a kind referred to in section 8(a) or (b) or otherwise).

(7)The shared material is not to be provided by or used by a person who has a personal relationship with or has any other actual or potential conflict of interest in relation to —

(a)a party to the proceedings; or

(b)a child to whom the proceedings relate; or

(c)another person to whom the shared material relates.

(8)If the information sharing agency becomes aware that the shared material is incorrect, then as soon as possible —

(a)the information sharing agency is to notify the court of the correction; and

(b)subject to subregulation (11), the court is to correct its records accordingly.

(9)If an information sharing agency receives an order under section 162D or 162E relating to a matter and the information sharing agency does not have in its possession or control any documents or information relating to the matter then, subject to subregulation (11), the information sharing agency is to destroy or redact its records relating to the order after responding to the order.

(10)If a person requests access to the shared material or to material that is purported to be shared material provided to the court and the court does not have the requested material in its possession or control then, subject to subregulation (11), the court is to destroy or redact its records relating to the request.

(11)Subregulations (8), (9) and (10) are subject to any record‑keeping obligations imposed on the information sharing agency or the court by a law of the Commonwealth, a State or a Territory or an order of a court (whether of a kind referred to in section 8(a) or (b) or otherwise).

6.Regulation 12 deleted

Delete regulation 12.

7.Regulation 17A replaced

Delete regulation 17A and insert:

17A.Authorities prescribed (Act s. 236D(2)(c))

For the purposes of section 236D(2)(c), each of the following authorities of a State or Territory that has responsibilities relating to the welfare of children is prescribed —

(a)for New South Wales — the Department of Communities and Justice;

(b)for Victoria — the Department of Families, Fairness and Housing;

(c)for Queensland — the Department of Families, Seniors, Disability Services and Child Safety;

(d)for Western Australia — the department of the Public Service principally assisting in the administration of the Children and Community Services Act 2004;

(e)for South Australia — the Department for Child Protection;

(f)for Tasmania — the Department for Education, Children and Young People;

(g)for the Australian Capital Territory — the Community Services Directorate;

(h)for the Northern Territory — the Department of Territory Families, Housing and Communities.

N. HAGLEY, Clerk of the Executive Council

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: GEOFF O. LAWN, Government Printer