Family Law Act. Australia

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СКАЧАТЬ solely of parties or consisting solely of representatives); or (eab) third party proceedings (as defined in section 4A) to set aside a financial agreement; or (eb) proceedings with respect to the enforcement of a decree made under the law of an overseas jurisdiction in proceedings of a kind referred to in paragraph (c); or (f) any other proceedings (including proceedings with respect to the enforcement of a decree or the service of process) in relation to concurrent, pending or completed proceedings of a kind referred to in any of paragraphs (a) to (eb), including proceedings of such a kind pending at, or completed before, the commencement of this Act. medical expenses includes medical, surgical, dental, diagnostic, hospital, nursing, pharmaceutical and physiotherapy expenses. medical practitioner means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners. member of the family has the meaning given by subsection (1AB).

      Note: The definition in subsection (1AB) applies for the purposes of the provisions specified in that subsection. non‑referring State de facto financial law means a law that: (a) is a law of a State that is not a participating jurisdiction; and (b) relates to financial matters relating to the parties to de facto relationships arising out of the breakdown of those de facto relationships. order under this Act affecting children, in relation to a court, means: (a) a parenting order; or (b) an injunction granted by the court: (i) under section 68B; or (ii) under section 114 in so far as the injunction is for the protection of a child; or (c) an undertaking given to, and accepted by, the court: (i) that relates to, or to the making of, an order or injunction referred to in paragraph (a) or (b) or a community service order referred to in paragraph (f); or (ii) that relates to a bond referred to in paragraph (g); or (d) a subpoena issued under the applicable Rules of Court: (i) that relates to, or to the making of, an order or injunction referred to in paragraph (a) or (b) or a community service order referred to in paragraph (f); or (ii) that relates to a bond referred to in paragraph (g); being a subpoena issued to a party to the proceedings for the order, injunction or bond, as the case may be; or (e) a registered parenting plan within the meaning of subsection 63C(6); or (f) a community service order made under paragraph 70NFB(2)(a); or (g) a bond entered into: (i) under a parenting order; or (ii) under paragraph 70NFB(2)(b); or (iii) for the purposes of subsection 70NFG(6); and includes an order, injunction, plan or bond that: (h) is an order under this Act affecting children made by another court because of paragraph (a), (b), (e) or (g); and (i) has been registered in the first‑mentioned court. ordinarily resident includes habitually resident. overseas child order means: (a) an order made by a court of a prescribed overseas jurisdiction that: (i) however it is expressed, has the effect of determining the person or persons with whom a child who is under 18 is to live, or that provides for a person or persons to have custody of a child who is under 18; or (ii) however it is expressed, has the effect of providing for a person or persons to spend time with a child who is under 18; or (iii) however it is expressed, has the effect of providing for contact between a child who is under 18 and another person or persons, or that provides for a person or persons to have access to a child who is under 18; or (iv) varies or discharges an order of the kind referred to in subparagraph (i), (ii) or (iii), including an order of that kind made under this Act; or (b) an order made for the purposes of the Convention referred to in section 111B by a judicial or administrative authority of a convention country (within the meaning of the regulations made for the purposes of that section). overseas jurisdiction means a country, or part of a country, outside Australia. overseas maintenance agreement means a maintenance agreement that has force and effect in a prescribed overseas jurisdiction by reason of the registration of the agreement, or the taking of any other action in relation to the agreement, under the law of that jurisdiction and includes an agreement with respect to the maintenance of an ex‑nuptial child that would be covered by the foregoing provisions of this definition if the child were a child of the marriage of the parties to the agreement. parent, when used in Part VII in relation to a child who has been adopted, means an adoptive parent of the child. parentage testing order has the meaning given by subsection 69W(1). parentage testing procedure means a medical procedure prescribed, or included in a class of medical procedures prescribed, for the purposes of this definition. parental responsibility, in Part VII, has the meaning given by section 61B. parenting order has the meaning given by subsection 64B(1). parenting plan has the meaning given by subsection 63C(1). participating jurisdiction has the meaning given by subsection 90RA(1).

      Part VIIIAB financial agreement means an agreement: (a) made under section 90UB, 90UC or 90UD; or (b) covered by section 90UE.

      Part VIIIAB proceedings means: (a) proceedings under Part VIIIAB for orders with respect to: (i) the maintenance of a party to a de facto relationship; or (ii) the property of the parties to a de facto relationship or of either of them; or (b) proceedings in relation to a Part VIIIAB financial agreement; but does not include any proceedings specified in the regulations for the purposes of this definition.

      Part VIIIAB termination agreement means an agreement made under paragraph 90UL(1)(b).

      Part VIIIA proceedings means proceedings in relation to a financial agreement.

      Part VIIIB proceedings means: (a) proceedings in relation to a superannuation agreement (within the meaning of Part VIIIB); or (b) proceedings in relation to a payment split or payment flag (within the meaning of that Part); or (c) any other proceedings under that Part.

      Part VIII proceedings means proceedings under Part VIII for orders with respect to spousal maintenance or the property of parties to a marriage, but does not include any proceedings specified in the regulations for the purposes of this definition. party to a de facto relationship means a person who lives or has lived in a de facto relationship. pending, in Subdivision E of Division 6 of Part VII, has a meaning affected by section 65X. personal insolvency agreement has the same meaning as in the Bankruptcy Act 1966. police officer means: (a) a member or special member of the Australian Federal Police; or (b) a member, however described, of the police force of a State or Territory. post‑separation parenting program means a program: (a) that is designed to help people to resolve problems that adversely affect the carrying out of their parenting responsibilities (including by providing counselling services or by teaching techniques to resolve disputes); and (b) that consists of lectures, discussions (including group discussions) or other activities; and (c) that is provided by an organisation that meets the conditions in section 65LB. prescribed adopting parent, in relation to a child, means: (a) a parent of the child; or (b) the spouse of, or a person in a de facto relationship with, a parent of the child; or (c) a parent of the child and either his or her spouse or a person in a de facto relationship with the parent. prescribed child welfare authority, in relation to abuse of a child, means: (a) if the child is the subject of proceedings under Part VII in a State or Territory — an officer of the State or Territory who is responsible for the administration of the child welfare laws of the State or Territory, or some other prescribed person; or (b) if the child is not the subject of proceedings under Part VII — an officer of the State or Territory in which the child is located or is believed to be located who is responsible for the administration of the child welfare laws of the State or Territory, or some other prescribed person. prescribed overseas jurisdiction means any country, or part of a country, outside Australia that is declared by the regulations to be a prescribed overseas jurisdiction for the purposes of the provision in which the expression is used. prescribed proceedings means: (a) divorce or validity of marriage proceedings; or (b) proceedings in relation to concurrent, pending or completed divorce or validity of marriage proceedings. primary order means an order under this Act affecting children and includes such order as varied. principal officer, when used in Subdivision C of Division 8 of Part VII in relation to a Commonwealth instrumentality, СКАЧАТЬ