Announcement date
13 December 2024
Link to announcement
https://www.legislation.gov.au/F2024L01638/asmade/text
Problem being addressed
The Family Law Regulations 1984 sunset in April 2025. The Family Law Regulations prescribe matters of practice and procedure in courts exercising jurisdiction under the Family Law Act 1975 (the Act). This includes matters pertaining to parentage testing; registration of overseas orders; the conferral of family law jurisdiction on certain state or territory courts; regulating who can conduct family law arbitration; and prescribing relevant state and territory laws and agencies to facilitate the Act’s operation.
Proposal
The Attorney-General's Department remade the Family Law Regulations 1984 (as the Family Law Regulations 2024) without significant amendments. Changes were made to modernise, clarify and update provisions, including relating to arbitration, parentage testing and international conventions. Updates to the arbitration provisions require separating couples to make a written agreement about their arbitration process and obtain legal advice on their agreement before their arbitration can commence. This will require some individuals to incur legal costs that they may not otherwise have incurred. However, these changes help ensure separating couples negotiate an arbitration process that is appropriate to the circumstances of their dispute.
Assessed Impact Analysis outcome
Sunsetting Instrument
Assessment comments
Consistent with the Government's Policy Impact Analysis requirements for sunsetting instruments, the Attorney-General's Department has certified that the regulation is operating effectively and efficiently. Therefore, an Impact Analysis is not required for the remaking of the regulation.
Regulatory burden
The Attorney-General's Department estimates an increase in the average annual regulatory costs to individuals engaging in family law arbitration of $90,316.80.