Family Law Act 1975
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short title
This Act may be cited as the Family Law Act 1975.
Section 2 — Commencement
This Act shall come into operation on a date to be fixed by Proclamation.
Section 3 — Repeal and saving
(1) The Matrimonial Causes Act 1959, the Matrimonial Causes Act 1965 and the Matrimonial Causes Act 1966 are repealed. (2) Notwithstanding the repeal effected by subsection (1): (a) the validity of a…
Section 4 — Interpretation
(1) In this Act and the applicable Rules of Court: Aboriginal child means a child who is a descendant of the Aboriginal people of Australia. Aboriginal or Torres Strait Islander culture in relation…
Section 4A — Third party proceedings to set aside financial agreement
(1) For the purposes of paragraph (eab) of the definition of matrimonial cause in subsection 4(1), third party proceedings means proceedings between: (a) any combination of: (i) the parties to a…
Section 4AA — De facto relationships
Meaning of de facto relationship (1) A person is in a de facto relationship with another person if: (a) the persons are not legally married to each other; and (b) the persons are not related by…
Section 4AB — Definition of family violence etc.
(1) For the purposes of this Act, family violence means violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member), or causes the…
Section 4B — Third party proceedings to set aside Part VIIIAB financial agreement
(1) For the purposes of paragraph (f) of the definition of de facto financial cause in subsection 4(1), third party proceedings means proceedings between: (a) any combination of: (i) the parties to a…
Section 4C — Meaning of proceeds of crime authority
Scope (1) This section sets out the meaning of proceeds of crime authority in relation to: (a) a restraining order or a forfeiture order, or an application for a forfeiture order, under the Proceeds…
Section 5 — Debtor subject to a personal insolvency agreement
For the purposes of this Act, if: (a) a person who is a debtor (within the meaning of Part X of the Bankruptcy Act 1966) executes a personal insolvency agreement; and (b) the agreement has not ended…
Section 6 — Polygamous marriages
For the purpose of proceedings under this Act, a union in the nature of a marriage which is, or has at any time been, polygamous, being a union entered into in a place outside Australia, shall be…
Section 7 — Extension of Act to certain Territories
This Act extends to the following Territories: (a) Norfolk Island; (b) the Territory of Christmas Island; (c) the Territory of Cocos (Keeling) Islands.
Section 7A — Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Section 8 — Supersession of existing laws
(1) After the commencement of this Act, proceedings by way of a matrimonial cause shall not be instituted except under this Act. (2) Proceedings for a decree of restitution of conjugal rights, of…
Section 9A — Use of protected names and symbols
(1) A person must not, without the Minister’s written consent: (a) use in relation to a business, trade, profession or occupation; or (b) use as the name, or as part of the name, of any firm, body…
Section 10A — Accreditation Rules
(1) The regulations may prescribe Accreditation Rules. These are rules relating to: (a) the accreditation of individuals as family counsellors; and (b) the accreditation of individuals as family…
Section 10AA — Immunity
No action, suit or proceeding lies against the Commonwealth, or an officer of the Commonwealth, in relation to any act done, or omitted to be done, in good faith in the performance or exercise, or…
Section 10KA — Simplified outline of this Division
Accreditation Rules may provide for the accreditation of persons and entities as CCS practitioners and CCS businesses (see section 10A). If they do, then it is an offence for children’s contact…
Section 10PA — Admissibility of communications in post-separation parenting programs
(1) Evidence of anything said, or of any admission made, by a person attending a post-separation parenting program is not admissible: (a) in any court (whether exercising federal jurisdiction or…
Section 10B — Definition of family counselling
Family counselling is a process in which a family counsellor helps: (a) one or more persons to deal with personal and interpersonal issues in relation to marriage; or (b) one or more persons…
Section 10KB — Definition of children’s contact services
(1) Children’s contact services are services, other than services mentioned in subsection (3), that: (a) facilitate contact between a child and a member of the child’s family with whom the child is…
Section 10C — Definition of family counsellor
(1) A family counsellor is: (a) a person who is accredited as a family counsellor under the Accreditation Rules; or (b) a person who is authorised to act on behalf of an organisation designated by…
Section 10KC — Definition of CCS practitioner
A CCS practitioner is an individual who is accredited as a CCS practitioner under the Accreditation Rules. Note: The Accreditation Rules may have the effect that an individual who operates as a sole…
Section 10D — Confidentiality of communications in family counselling
(1) A family counsellor must not disclose a communication made to the counsellor while the counsellor is conducting family counselling, unless the disclosure is required or authorised by this…
Section 10KD — Definition of CCS business
A CCS business is a person or other entity that is accredited as a CCS business under the Accreditation Rules.
Section 10E — Admissibility of communications in family counselling and in referrals from family counselling
(1) Evidence of anything said, or any admission made, by or in the company of: (a) a family counsellor conducting family counselling; or (b) a person (the professional) to whom a family counsellor…
Section 10KE — Confidentiality of certain safety-related information
(1) A person who is or has been an entrusted person must not use or disclose safety information obtained by the person in their capacity as an entrusted person, unless the use or disclosure is…
Section 10F — Definition of family dispute resolution
Family dispute resolution is a process (other than a judicial process): (a) in which a family dispute resolution practitioner: (i) helps people affected, or likely to be affected, by separation or…
Section 10KF — Admissibility of certain safety-related information
(1) Safety information is not admissible: (a) in any court (whether or not exercising federal jurisdiction); or (b) in any proceedings before a person authorised to hear evidence (whether the person…
Section 10G — Definition of family dispute resolution practitioner
(1) A family dispute resolution practitioner is: (a) a person who is accredited as a family dispute resolution practitioner under the Accreditation Rules; or (b) a person who is authorised to act on…
Section 10KG — Civil penalty provisions
Civil penalties (1) In addition to the matters mentioned in section 10A, the Accreditation Rules may: (a) prescribe civil penalty provisions (the CCS civil penalty provisions) in relation to…
Section 10H — Confidentiality of communications in family dispute resolution
(1) A family dispute resolution practitioner must not disclose a communication made to the practitioner while the practitioner is conducting family dispute resolution, unless the disclosure is…
Section 10KH — Strict liability offences—unaccredited provision of children’s contact services
Individual providing services who is not a CCS practitioner (1) An individual commits an offence if: (a) the individual provides a children’s contact service; and (b) the Accreditation Rules provide…
Section 10KI — Compliance by entities that are not legal persons
(1) This section applies if an entity that is not a legal person is accredited as a CCS business. (2) Each of the following persons is an accountable person for the entity, in relation to a…
Section 10J — Admissibility of communications in family dispute resolution and in referrals from family dispute resolution
(1) Evidence of anything said, or any admission made, by or in the company of: (a) a family dispute resolution practitioner conducting family dispute resolution; or (b) a person (the professional) to…
Section 10K — Family dispute resolution practitioners must comply with regulations
(1) The regulations may prescribe requirements to be complied with by family dispute resolution practitioners in relation to the family dispute resolution services they provide. (2) The regulations…
Section 10L — Definition of arbitration
(1) Arbitration is a process (other than the judicial process) in which parties to a dispute present arguments and evidence to an arbitrator, who makes a determination to resolve the dispute. (2)…
Section 10M — Definition of arbitrator
An arbitrator is a person who meets the requirements prescribed in the regulations to be an arbitrator.
Section 10N — Arbitrators may charge fees for their services
(1) An arbitrator conducting arbitration may charge the parties to the arbitration fees for conducting it. (2) The arbitrator must give written information about those fees to the parties before the…
Section 10P — Immunity of arbitrators
An arbitrator has, in performing his or her functions as an arbitrator, the same protection and immunity as a Judge of the Federal Circuit and Family Court of Australia (Division 1) has in performing…
Section 10Q — Simplified outline of this Part
This Part prevents the disclosure, and admission into evidence, of information that is in connection with a family safety risk screening process carried out by the Federal Circuit and Family Court of…
Section 10R — Definition of family safety risk screening person
A family safety risk screening person is: (a) an officer or staff member of: (i) the Federal Circuit and Family Court of Australia (Division 1); or (ii) the Federal Circuit and Family Court of…
Section 10S — Definition of family safety risk screening information
(1) Family safety risk screening information is: (a) information obtained (whether orally or in writing) or generated, or a document obtained or created, by a family safety risk screening person in…
Section 10T — Definition of family safety risk screening process
(1) A family safety risk screening process is a process carried out, or attempted to be carried out, by a family safety risk screening person: (a) in connection with proceedings under this Act; and…
Section 10U — Confidentiality of family safety risk screening information
(1) A family safety risk screening person must not disclose family safety risk screening information, unless the disclosure is required or authorised by this section. (2) A family safety risk…
Section 10V — Admissibility of family safety risk screening information etc.
Family safety risk screening information (1) Family safety risk screening information is not admissible: (a) in any court (whether or not exercising federal jurisdiction); or (b) in any proceedings…
Section 10W — Immunity of family safety risk screening persons
A family safety risk screening person has, in performing that person’s functions as a family safety risk screening person, the same protection and immunity as a Judge of the Federal Circuit and…
Section 11A — Functions of family consultants
The functions of family consultants are to provide services in relation to proceedings under this Act, including: (a) assisting and advising people involved in the proceedings; and (b) assisting and…
Section 11B — Definition of family consultant
A family consultant is a person who is: (a) appointed as a family consultant under section 18ZH of the Federal Court of Australia Act 1976; or (c) appointed as a family consultant under the…
Section 11C — Admissibility of communications with family consultants and referrals from family consultants
(1) Evidence of anything said, or any admission made, by or in the company of: (a) a family consultant performing the functions of a family consultant; or (b) a person (the professional) to whom a…