Family Law Act. Australia

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СКАЧАТЬ Officer and the Deputy Marshals, are to be persons engaged under the Public Service Act 1999.

      (5) The Deputy Marshals may be persons engaged under the Public Service Act 1999.

      (6) The Chief Executive Officer may, on behalf of the Chief Judge, arrange with an Agency Head (within the meaning of the Public Service Act 1999), or with an authority of the Commonwealth, for the services of officers or employees of the Department or authority to be made available for the purposes of the Court.

      (7) There are to be such staff of the Registries as are necessary.

      (8) The staff of the Registries is to consist of persons engaged under the Public Service Act 1999.

      38P Marshal (1) The Marshal of the Court is responsible for the service and execution of all process of the Court directed to the Marshal.

      (2) The Marshal is also responsible for: (a) dealing, on behalf of the Court, with the Australian Federal Police and the police forces of the States and Territories in relation to the service and execution of process of the Court directed to members of any of those police forces; and (b) the security of the Court and the personal security of the Judges and officers of the Court; and (c) taking, receiving and detaining all persons committed to his or her custody by the Court; and (d) discharging such persons when so directed by the Court or otherwise required by law.

      (3) A Deputy Marshal may, subject to any directions of the Marshal, exercise or perform any of the powers and functions of the Marshal.

      (4) The Marshal or a Deputy Marshal may authorise persons to assist him or her in the exercise of any of his or her powers or the performance of any of his or her functions.

      38Q Statutory Agency etc. for purposes of Public Service Act For the purposes of the Public Service Act 1999: (a) the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and (b) the Chief Executive Officer is the Head of that Statutory Agency.

      Note: The Statutory Agency declared by this section also includes officers and members of staff of the Federal Circuit Court who are APS employees (see section 112A of the Federal Circuit Court of Australia Act 1999).

      38R Engagement of consultants etc.

      (1) The Chief Executive Officer may engage persons having suitable qualifications and experience as consultants to, or to perform services for, the Chief Executive Officer.

      (1A) The Chief Executive Officer may engage persons to perform: (a) family counselling services under this Act; or (b) family dispute resolution services under this Act.

      (2) An engagement under subsection (1) or (1A) is to be made: (a) on behalf of the Commonwealth; and (b) by written agreement.

      Division 4 — Miscellaneous administrative matters

      38S Annual report (1) As soon as practicable after 30 June in each year, the Chief Judge must prepare and give to the Attorney‑General a report of the management of the administrative affairs of the Court during the year.

      (3) The Attorney‑General must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable.

      38W Delegation of administrative powers of Chief Judge The Chief Judge may, in writing, delegate all or any of his or her powers under section 38A to any one or more of the Judges.

      38X Proceedings arising out of administration of Court Any judicial or other proceeding relating to a matter arising out of the management of the administrative affairs of the Court under this Part, including any proceeding relating to anything done by the Chief Executive Officer under this Part, may be instituted by or against the Commonwealth, as the case requires.

      38Y Protection of persons involved in handling etc. complaints (1) In exercising powers or performing functions under paragraph 21B(1A)(c) and subsection 21B(1B), or assisting in exercising those powers or performing those functions, a complaint handler has the same protection and immunity as a Justice of the High Court.

      (2) In authorising a person or body under subsection 21B(3A), the Chief Judge has the same protection and immunity as a Justice of the High Court.

      (3) A witness requested to attend, or appearing, before a complaint handler handling a complaint has the same protection, and is subject to the same liabilities in a proceeding, as a witness in a case tried by the High Court.

      (4) A lawyer assisting, or appearing on behalf of a person before, a complaint handler handling a complaint has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.

      Part V — Jurisdiction of courts

      Division 1 — Jurisdiction in matrimonial causes

      39 Jurisdiction in matrimonial causes (1) Subject to this Part, a matrimonial cause may be instituted under this Act: (a) in the Family Court; or (b) in the Supreme Court of a State or a Territory.

      (1A) Subject to this Part, a matrimonial cause (other than proceedings of a kind referred to in subparagraph (a)(ii) or paragraph (b) of the definition of matrimonial cause in subsection 4(1)) may be instituted under this Act in the Federal Circuit Court of Australia.

      (2) Subject to this Part, a matrimonial cause (other than proceedings of a kind referred to in subparagraph (a)(ii) or paragraph (b) of the definition of matrimonial cause in subsection 4(1)) may be instituted under this Act in a Court of summary jurisdiction of a State or Territory.

      (3) Proceedings for a divorce order may be instituted under this Act if, at the date on which the application for the order is filed in a court, either party to the marriage: (a) is an Australian citizen; (b) is domiciled in Australia; or (c) is ordinarily resident in Australia and has been so resident for 1 year immediately preceding that date.

      (4) Proceedings of a kind referred to in the definition of matrimonial cause in subsection 4(1), other than proceedings for a divorce order or proceedings referred to in paragraph (f) of that definition, may be instituted under this Act if: (a) in the case of proceedings between the parties to a marriage or proceedings of a kind referred to in paragraph (b) of that definition in relation to a marriage — either party to the marriage is an Australian citizen, is ordinarily resident in Australia, or is present in Australia, at the relevant date; and (b) in any other case — any party to the proceedings is an Australian citizen, is ordinarily resident in Australia, or is present in Australia, at the relevant date.

      (4A) In subsection (4), relevant date, in relation to proceedings, means: (a) if the application instituting the proceedings is filed in a court — the date on which the application is so filed; or (b) in any other case — the date on which the application instituting the proceedings is made.

      (5) Subject to this Part and to section 111AA, the Supreme Court of each State is invested with federal jurisdiction, and jurisdiction is conferred on the Family Court and on the Supreme Court of each Territory, with respect to matters arising under this Act in respect of which: (a) matrimonial causes are instituted under this Act; or (b) matrimonial causes are continued in accordance with section 9; or (d) proceedings are instituted under regulations made for the purposes of section 109, СКАЧАТЬ