Family Law Act 1975
Sections and provisions with full text and the judgments that cite each one.
Section 67W — How long recovery order remains in force
(1) A recovery order remains in force for the period specified in the order or 12 months, whichever is the shorter period. (3) To avoid doubt, unless a recovery order specifically provides to the…
Section 67X — Persons not to prevent or hinder taking of action under recovery order
(1) This section applies to a recovery order that authorises or directs a person or persons to take action as described in paragraph 67Q(b), (c) or (d). (2) A person must not prevent or hinder the…
Section 67Y — Obligation to notify persons of child’s return
(1) This section applies if: (a) a recovery order that consists of or includes provisions described in paragraph 67Q(a), (b), (c) or (d) is in force in relation to a child; and (b) the child returns,…
Section 67Z — Where interested person makes allegation of child abuse
(1) This section applies if an interested person in proceedings under this Act alleges that a child to whom the proceedings relate has been abused or is at risk of being abused. (2) The interested…
Section 68A — What this Division does
This Division deals with proceedings for injunctions in relation to children.
Section 68LA — Role of independent children’s lawyer
When section applies (1) This section applies if an independent children’s lawyer is appointed for a child in relation to proceedings under this Act. General nature of role of independent children’s…
Section 68B — Injunctions
(1) If proceedings are instituted in a court having jurisdiction under this Part for an injunction in relation to a child, the court may make such order or grant such injunction as it considers…
Section 68C — Powers of arrest
(1) If: (a) an injunction is in force under section 68B for the personal protection of a person (the protected person); and (b) a police officer believes, on reasonable grounds, that the person (the…
Section 68L — Court order for independent representation of child’s interests
(1) This section applies to proceedings under this Act in which a child’s best interests are, or a child’s welfare is, the paramount, or a relevant, consideration. This includes any such proceedings…
Section 68M — Order that child be made available for examination
(1) This section applies if an independent children’s lawyer is appointed to independently represent a child’s interests in relation to proceedings under this Act. (2) The court may, on application…
Section 68N — Purposes of this Division
The purposes of this Division are: (a) to resolve inconsistencies between: (i) family violence orders; and (ii) certain orders, injunctions and arrangements made under this Act that provide for a…
Section 68P — Obligations of court making an order or granting an injunction under this Act that is inconsistent with an existing family violence order
(1) This section applies if: (a) a court: (i) makes a parenting order that provides for a child to spend time with a person, or expressly or impliedly requires or authorises a person to spend time…
Section 68Q — Relationship of order or injunction made under this Act with existing inconsistent family violence order
(1) To the extent to which: (a) an order or injunction mentioned in paragraph 68P(1)(a) is made or granted that provides for a child to spend time with a person, or expressly or impliedly requires or…
Section 68R — Power of court making a family violence order to revive, vary, discharge or suspend an existing order, injunction or arrangement under this Act
Power (1) In proceedings to make or vary a family violence order, a court of a State or Territory that has jurisdiction in relation to this Part may revive, vary, discharge or suspend: (a) a…
Section 68S — Application of Act and Rules when exercising section 68R power
(1) The following provisions do not apply to a court exercising the power under section 68R: (a) section 65C (who may apply for a parenting order); (b) subsection 65F(2) (parenting order not to be…
Section 68T — Special provisions relating to proceedings to make an interim (or interim variation of) family violence order
(1) If, in proceedings to make an interim family violence order or an interim variation of a family violence order, the court revives, varies or suspends an order, injunction or arrangement under…
Section 69A — What this Division does
This Division deals with: (a) the institution of proceedings and procedure (Subdivision B); and (b) jurisdiction of courts (Subdivision C); and (c) presumptions of parentage (Subdivision D); and (d)…
Section 69GA — Jurisdiction of prescribed courts etc.
(1) This section applies if, for the purposes of this section, the regulations prescribe one or more courts (whether in relation to proceedings generally or specified classes of proceedings).…
Section 69VA — Declarations of parentage
As well as deciding, after receiving evidence, the issue of the parentage of a child for the purposes of proceedings, the court may also issue a declaration of parentage that is conclusive evidence…
Section 69XA — Matters related particularly to parentage testing for purposes of an international agreement or arrangement
(1) The Secretary may commence or continue proceedings under section 69W if it is necessary or convenient to do so for the purposes of an international agreement or arrangement. (2) Despite section…
Section 69ZA — No liability if parent etc. consents
(1) A person who carries out, or who assists in the carrying out of, a medical procedure or other act in relation to a child under a parentage testing order is not liable to any civil or criminal…
Section 69B — Certain proceedings to be instituted only under this Part
(1) Proceedings that may be instituted under this Part must not, after the commencement of this section, be instituted otherwise than under this Part. (2) Subsection (1) does not apply in relation to…
Section 69ZB — Regulations about carrying out, and reporting on, parentage testing procedures
The regulations may make provision relating to: (a) the carrying out of parentage testing procedures under parentage testing orders; and (b) the preparation of reports relating to the information…
Section 69C — Who may institute proceedings
(1) Sections 65C, 66F, 67F, 67K and 67T are express provisions dealing with who may institute particular kinds of proceedings in relation to children. (2) Any other kind of proceedings under this Act…
Section 69ZC — Reports of information obtained may be received in evidence
(1) A report made in accordance with regulations covered by paragraph 69ZB(b) may be received in evidence in any proceedings under this Act. (2) If, under subsection (1), a report is received in…
Section 69D — Institution of maintenance proceedings by authorised authority or person
(1) The regulations may make provision with respect to authorising: (a) a specified authority of the Commonwealth or of a State or Territory; or (b) the person from time to time holding or acting in…
Section 69ZD — Parentage testing for purposes of international maintenance agreements
For the purpose of the carrying out of any of Australia’s obligations under: (a) an arrangement with a reciprocating jurisdiction, or with a jurisdiction with restricted reciprocity, within the…
Section 69E — Child or parent to be present in Australia etc.
(1) Proceedings may be instituted under this Act in relation to a child only if: (a) the child is present in Australia on the relevant day (as defined in subsection (2)); or (b) the child is an…
Section 69ZE — Extension of Part to the States
(1) Subject to this section and section 69ZF, this Part extends to New South Wales, Victoria, Queensland, South Australia and Tasmania. (2) Subject to this section and section 69ZF, this Part extends…
Section 69F — Applicant may be in contempt
A court may proceed with the hearing of proceedings in relation to a child even though the person who instituted the proceedings has failed to comply with an order of the court or of another court…
Section 69ZF — Unless declaration in force, Part’s extension to a State has effect subject to modifications
(1) The Governor-General may, by Proclamation, declare that all the child welfare law provisions of this Part extend to a specified State. (2) Despite anything in section 69ZE, if no declaration…
Section 69G — Interpretation
In this Subdivision: matters arising under this Part includes proceedings under Division 9 or section 68S.
Section 69ZG — Application of Part in, and in relation to, Territories
This Part applies in and in relation to the Territories.
Section 69H — Jurisdiction of Federal Circuit and Family Court of Australia (Division 2), State Family Courts and Northern Territory Supreme Court
(1) Jurisdiction is conferred on the Federal Circuit and Family Court of Australia (Division 2) in relation to matters arising under this Part. (2) Each Family Court of a State is invested with…
Section 69ZH — Additional application of Part
(1) Without prejudice to its effect apart from this section, this Part also has effect as provided by this section. (2) By virtue of this subsection, Subdivisions BA and BB of Division 1, Divisions 2…
Section 69J — Jurisdiction of courts of summary jurisdiction
(1) Subject to subsection (5), each court of summary jurisdiction of each State is invested with federal jurisdiction in relation to matters arising under this Part (other than proceedings for leave…
Section 69ZJ — Additional jurisdiction of courts
In addition to the jurisdiction that, apart from this section, is invested in or conferred on a court under this Part, the court is invested with jurisdiction or jurisdiction is conferred on the…
Section 69K — Territory court does not have jurisdiction unless a party is ordinarily resident in the Territory
A court of a Territory must not hear or determine proceedings under this Part unless at least one of the parties to the proceedings is ordinarily resident in the Territory when the proceedings are…
Section 69ZK — Child welfare laws not affected
(1) A court having jurisdiction under this Act must not make an order under this Act (other than an order under Division 7) in relation to a child who is under the care (however described) of a…
Section 69L — Jurisdiction in relation to transferred matters under other Commonwealth laws
If proceedings in relation to a matter arising under a law of the Commonwealth are transferred under this Act to a court that has jurisdiction conferred on or invested in it by this Division, the…
Section 69ZL — Short form reasons for decisions relating to interim parenting orders
(1) A court may give reasons in short form for a decision it makes in relation to an interim parenting order. (2) Subsection (1) does not otherwise affect the obligation of a court to give reasons…
Section 69M — Jurisdiction is additional to other jurisdiction
The jurisdiction conferred on or invested in a court by this Division is in addition to any jurisdiction conferred on or invested in the court apart from this Division.
Section 69N — Transfer of proceedings from courts of summary jurisdiction in certain cases
(1) This section applies if: (a) proceedings for a parenting order (other than a child maintenance order) are instituted in or transferred to a court of summary jurisdiction (other than the…
Section 69P — Presumptions of parentage arising from marriage
(1) If a child is born to a woman while she is married, the child is presumed to be a child of the woman and her husband. (2) If: (a) at a particular time: (i) a marriage to which a woman is a party…
Section 69Q — Presumption of paternity arising from cohabitation
If: (a) a child is born to a woman; and (b) at any time during the period beginning not earlier than 44 weeks and ending not less than 20 weeks before the birth, the woman cohabited with a man to…
Section 69R — Presumption of parentage arising from registration of birth
If a person’s name is entered as a parent of a child in a register of births or parentage information kept under a law of the Commonwealth or of a State, Territory or prescribed overseas…
Section 69S — Presumptions of parentage arising from findings of courts
(1) If: (a) during the lifetime of a particular person, a prescribed court (other than a court of a prescribed overseas jurisdiction) has: (i) found expressly that the person is a parent of a…
Section 69T — Presumption of paternity arising from acknowledgments
If: (a) under the law of the Commonwealth or of a State, Territory or prescribed overseas jurisdiction, a man has executed an instrument acknowledging that he is the father of a specified child; and…
Section 69U — Rebuttal of presumptions etc.
(1) A presumption arising under this Subdivision is rebuttable by proof on a balance of probabilities. (2) Where: (a) 2 or more presumptions arising under this Subdivision are relevant in any…
Section 69V — Evidence of parentage
If the parentage of a child is a question in issue in proceedings under this Act, the court may make an order requiring any person to give such evidence as is material to the question.