Commonwealth Powers (Family Law—Children) Act 1990

This Act may be cited as the Commonwealth Powers (Family Law—Children) Act 1990.

The following matters, to the extent to which they are not otherwise included in the legislative powers of the Parliament of the Commonwealth, are referred to the Parliament of the Commonwealth—

the maintenance of children and the payment of expenses in relation to children or child bearing;

the custody and guardianship of, and access to, children;

the determination of a child’s parentage for the purposes of the law of the Commonwealth, whether or not the determination of the child’s parentage is incidental to the determination of any other matter within the legislative powers of the Commonwealth.

A reference under subsection (1)(a), (b) or (c) has effect for a period—

beginning at the beginning of the commencement day; and

ending at the beginning of a day fixed under section 4 as the day on which it terminates;

but not longer.

The matters referred to the Parliament of the Commonwealth pursuant to subsection (1) do not include the matter of adoption of children or the matter of the taking, or the making of provision for or in relation to authorising the taking, of action that would prevent or interfere with—

a Minister, an officer of the State or any other person having or acquiring the custody, guardianship or care of children under a provision specified in the schedule; or

the jurisdiction of the Supreme Court, or a court of the State under a provision specified in the schedule, to make orders or take any other action in respect of—

the adoption of children; or

the custody, guardianship or care of children; or

access to children or the supervision of children.

Despite subsection (2), the matters referred by subsection (1) include the matter of the taking, or the making of a provision in relation to authorising the taking, of action of the kind specified in subsection 2(a) and (b) if—

the Minister responsible for the administration of the relevant provision specified in the schedule; or

a person authorised, in writing, by that Minister to act on his or her behalf for the purposes of Part VII of the Family Law Act 1975 (Cwlth) as amended and in force for the time being;

consents, in writing, to the taking of action of the kind specified in subsection (2)(a) and (b) by way of instituting, or continuing, proceedings under the Family Law Act 1975 (Cwlth) in a court having jurisdiction under that Act.

In this section—

references to children are to be read as references to persons under the age of 18 years;

references to the maintenance of, and the payment of expenses in relation to, children are to be read as including references to the maintenance of, and the payment of expenses in relation to, persons who have attained the age of 18 years and who have special needs in respect of maintenance or expenses by reason of being engaged in a course of education or training or by reason of a physical or mental handicap;

references to a provision specified in the schedule must be read as references to the provision as amended and in force from time to time, and as including a reference to any provision or provisions replacing that provision and as amended and in force from time to time.

In this section—

commencement day, in relation to a matter referred to the Parliament of the Commonwealth, means—

for a matter referred under subsection (1)(a) or (b)—1 August 1990; or

for a matter referred under subsection (1)(c)—the day this subsection commences.

The Governor in Council may at any time by proclamation fix a day on which the reference made in accordance with section 3 is to terminate.