{"id":"tas:act-1987-005","name":"Commonwealth Powers (Family Law) Act 1987","slug":"commonwealth-powers-family-law-act-1987","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"5 of 1987","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106433,"registerId":"tas-act-1987-005-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Commonwealth Powers (Family Law) Act 1987](/view/html/inforce/2026-04-12/act-1987-005) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> > (1)  This section and [section 1](#GS1@EN) shall commence on the day on which this Act receives the Royal Assent.\n> \n> > (2)  Except as provided in [subsection (1)](#GS2@Gs1@EN) , this Act shall commence on a day to be fixed by proclamation.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Reference of certain matters relating to children","content":"### 3 Reference of certain matters relating to children\n\n> > (1)  *\\[Section 3 Subsection (1) amended by No. 20 of 1994, s. 4 \\]*Subject to [subsection (2)](#GS3@Gs2@EN) , the following matters, to the extent to which they are not otherwise included in the legislative powers of the Commonwealth Parliament, are referred to the Commonwealth Parliament for a period commencing on the day on which this Act commences and ending on the day fixed by proclamation under [subsection (4)](#GS3@Gs4@EN) as the day on which the reference under this section shall terminate:\n> > \n> > > > (a) the maintenance of children and the payment of expenses in relation to children or child bearing;\n> > > \n> > > > (b) the custody and guardianship of, and access to, children;\n> > > \n> > > > (c) 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.\n> \n> > (2)  *\\[Section 3 Subsection (2) amended by No. 20 of 1994, s. 4 \\]*Subject to [subsection (2A)](#GS3@Gs2A@EN) , the matters referred by [subsection (1)](#GS3@Gs1@EN) do not include the matter of the adoption of children or the matter of the taking, or the making of provision for or in relation to authorizing the taking, of action that would prevent or interfere with –\n> > \n> > > > (a) a Minister of the Crown or officer of the State, or an officer of an adoption agency that is approved under any law of the State, or any other person under a provision specified in [Schedule 1](#JS1@EN) or declared by proclamation to be an Act to which this section applies –\n> > > > \n> > > > > > (i) having or acquiring the custody, guardianship, care, or control of children; or\n> > > > > \n> > > > > > (ii) instituting and conducting, or intervening in, proceedings under a law of the State in respect of the custody, guardianship, care, or control of children;\n> > > \n> > > > (b) .  .  .  .  .  .  .  .  \n> > > \n> > > > (c) the jurisdiction of the Supreme Court to make orders in respect of children who are in such custody, guardianship, care, or control; or\n> > > \n> > > > (d) the jurisdiction of a court of the State, under a provision specified in [Schedule 1](#JS1@EN) or declared by proclamation to be an Act to which this section applies, to make orders, or to take any other action, in respect of –\n> > > > \n> > > > > > (i) the custody, guardianship, care, or control of children; or\n> > > > > \n> > > > > > (ii) access to children or the supervision of children.\n> \n> > (2A)  *\\[Section 3 Subsection (2A) inserted by No. 20 of 1994, s. 4 \\]*The matters referred by [subsection (1)](#GS3@Gs1@EN) include the matter of the taking, or the making of provision for or in relation to authorizing the taking, of action of the kind referred to in [subsection (2)](#GS3@Gs2@EN) if –\n> > \n> > > > (a) the Minister of the Crown responsible for the administration of the relevant provisions specified in [Schedule 1](#JS1@EN) ; or\n> > > \n> > > > (b) a person authorized, in writing, by that Minister of the Crown to act on his or her behalf for the purposes of [Part VII of the](/view/html/inforce/2026-04-12/act-9999-999#HPVII@EN) [Family Law Act 1975](/view/html/inforce/2026-04-12/act-9999-999) of the Commonwealth, as amended and in force for the time being –\n> > \n> > consents, in writing, to the taking of such action by way of instituting, or continuing, proceedings under the [Family Law Act 1975](/view/html/inforce/2026-04-12/act-9999-999) of the Commonwealth, as amended and in force for the time being, in a court having jurisdiction under that Act.\n> \n> > (3)  *\\[Section 3 Subsection (3) substituted by No. 20 of 1994, s. 4 \\]*In the preceding provisions of this section –\n> > \n> > > > (a) the references to children are to be read as references to persons under the age of 18 years; and\n> > > \n> > > > (b) the 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 that age and 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; and\n> > > \n> > > > (c) the references to a provision specified in [Schedule 1](#JS1@EN) are to 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.\n> \n> > (4)  The Governor may, by proclamation, fix a day as the day on which the reference under this section shall terminate.\n> \n> > (5)  The Governor may, by proclamation, declare an Act to be an Act to which this section applies.","sortOrder":2},{"sectionNumber":"SCHEDULE 1 - Statutory Provisi","sectionType":"part","heading":"SCHEDULE 1 - Statutory Provisions","content":"# SCHEDULE 1 - Statutory Provisi SCHEDULE 1 - Statutory Provisions\n\n*\\[Schedule 1 Substituted by No. 20 of 1994, s. 5 \\]* [*\\[Schedule 1 Amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000\\]*](/view/html/inforce/2000-02-01/act-1999-049#JS1@Ja3@GC1@Hpa@EN) [*\\[Schedule 1 Amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000\\]*](/view/html/inforce/2000-02-01/act-1999-049#JS1@Ja3@GC1@Hpb@EN) [*\\[Schedule 1 Substituted by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000\\]*](/view/html/inforce/2000-07-01/act-1998-002#JS2@Ja4@GC1@EN)\n\n[Section 3](#GS3@EN) [(2)](#GS3@Gs2@EN) , [(2A)](#GS3@Gs2A@EN) and [(3)](#GS3@Gs3@EN)\n\n| Act | Sections |\n| 1.  Adoption Act 1988 | 27, 40, 42, 43(1)(b) and 47 |\n| 2.  Children, Young Persons and Their Families Act 1997 | 11, 20, 21, 22, 26, 42, 44, 46, 76, 97 and 98 |\n| 3.  Youth Justice Act 1997 | 107 |","sortOrder":3}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. The Act has been amended so its practical scope differs from the original text: subsection 3(2A) (inserted 1994) permits certain State actions otherwise excluded to be brought under the Commonwealth where the State Minister (or an authorized delegate) gives written consent to Commonwealth Family Law proceedings; Schedule 1 was substituted and later amended (1994, 1998, 1999), altering which State statutory provisions are carved out or captured; definitions in s 3(3) clarify who counts as a child and who may receive maintenance. Proclamation powers for timing remain (ss 2, 3(4))."},"complexity_factors":["Cross-jurisdictional referral of legislative power between States and Commonwealth (s 3(1)) creates interactional legal complexity","Carve-outs and exceptions for adoption and State actors that limit the referral (s 3(2)) require fine-grained application","Ministerial written-consent mechanism that can bring excluded State actions into Commonwealth scope (s 3(2A)) introduces discretionary centralisation","Proclamation powers for commencement and termination mean the referral is time-limited and administratively controlled (ss 2(2), 3(4))","Schedule 1 lists specific State statutory provisions and has been substituted/amended, producing dependence on an external schedule for scope","Definitions and inclusions (persons under 18; maintenance for certain adults) affect who is covered and create interpretive detail (s 3(3))","Interaction required with the Family Law Act 1975 for proceedings and jurisdictional overlap (s 3(2A) referencing Part VII)","Amendment history noted in the text (1994, 1998, 1999) increases interpretive and historical complexity"],"plain_english_summary":"Mechanically, this Act refers specific child-related powers — maintenance, custody/guardianship/access, and parentage — from the States to the Commonwealth Parliament for a limited period, with the Governor able to fix commencement and termination by proclamation (ss 2–3). It excludes adoption and certain State actions unless the relevant State Minister gives written consent for Commonwealth proceedings (s 3(2), (2A)). “Children” are defined as under 18, and maintenance can include some adults with special needs (s 3(3))."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act appears to have remained consistent with its original intent since 1987 — to refer specific family law powers (particularly relating to de facto relationships and children) to the Commonwealth. The version has been current since 1 July 2000 with no indication of material scope changes."},"complexity_factors":["Requires understanding of Australian constitutional law, specifically Section 51(xxxvii) referral of powers mechanism","The Act's significance is largely indirect — its effect depends entirely on how the Commonwealth exercises the referred powers under the federal Family Law Act","Short in text but dense in constitutional implication, which can mislead readers about its importance","Interaction between state and federal legislative frameworks creates layered legal context","Scope limited by the specific terms of the referral, requiring cross-referencing with Commonwealth legislation to understand full effect"],"plain_english_summary":"Tasmania formally refers parts of its family-law power to the Commonwealth so federal family law can cover de facto couples in Tasmania—especially children’s matters and property disputes. This constitutional referral lets Tasmanians in de facto relationships access the national Family Law system (and its courts and remedies) rather than relying solely on state law, aligning their rights with those of married couples under federal law."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation maintains its original purpose as a referral of powers mechanism. While it has been amended to refine the balance between federal family law and state child protection (particularly the 1994 amendments adding subsection 2A to allow ministerial consent for federal intervention), these changes operate within the original scope of managing the interface between referred family law matters and preserved state child welfare functions."},"complexity_factors":["Nested conditional structure with multiple exceptions (subsection 2 excludes matters, then subsection 2A adds back a limited exception to that exclusion)","Cross-references to external legislation (Family Law Act 1975, plus three Tasmanian Acts listed in Schedule 1)","Temporal limitation mechanism (referral has fixed start and end dates determined by proclamation)","Dual age definitions (under 18, plus extended definition for dependent adults with special needs)","Proclamation-dependent provisions (Governor's power to fix termination date and declare additional applicable Acts)","Amendment history visible in text (multiple amendments by 1994, 1998, 1999 Acts) indicating evolutionary complexity"],"plain_english_summary":"**What this law does:**\n\nThis is a **Tasmanian law** (despite the \"Commonwealth\" in the title) that temporarily hands over certain state powers to the Australian federal government. Specifically, it lets the Commonwealth Parliament make laws about children that Tasmania would normally control.\n\n**What powers are being handed over?**\n\nTasmania refers (gives) these matters to federal law:\n- **Child maintenance** — financial support for children\n- **Child custody and guardianship** — who looks after children and makes decisions for them\n- **Access to children** — visitation rights for parents or others\n- **Parentage testing** — determining who a child's parents are for federal legal purposes\n\n**Important limits:**\n\nTasmania keeps control over:\n- **Adoption** of children\n- **Child protection actions** — when the state removes children from families or takes them into care (unless the relevant Tasmanian Minister specifically consents to federal court proceedings)\n- **State court powers** — Tasmanian courts keep their authority over children already in state care\n\n**Who does this affect?**\n\n- Children under 18 (and some older children with special needs who are still studying or have disabilities)\n- Parents involved in custody or child support disputes\n- Tasmanian government officials handling child protection\n- Federal family law courts hearing Tasmanian cases\n\n**Why it matters:**\n\nAustralia has a federal system where states normally control family law, but the Commonwealth wanted uniform national family laws. Rather than states permanently giving up these powers, Tasmania (like some other states) made a **temporary referral** — lending these powers to Canberra for a set period. This allows federal family law to apply in Tasmania while preserving the state's ability to protect vulnerable children through its own child welfare system.\n\nThe referral can be ended by proclamation (official government announcement), meaning Tasmania can take these powers back when it chooses."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/commonwealth-powers-family-law-act-1987","history":"/api/acts/commonwealth-powers-family-law-act-1987/history","analysis":"/api/acts/commonwealth-powers-family-law-act-1987/analysis","conflicts":"/api/acts/commonwealth-powers-family-law-act-1987/conflicts","importantCases":"/api/acts/commonwealth-powers-family-law-act-1987/important-cases","documents":"/api/acts/commonwealth-powers-family-law-act-1987/documents"}}