{"id":"nsw:act-1986-182","name":"Commonwealth Powers (Family Law—Children) Act 1986","slug":"commonwealth-powers-family-law-children-act-1986","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"182 of 1986","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107434,"registerId":"nsw-act-1986-182-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Commonwealth Powers (Family Law—Children) Act 1986](/view/html/inforce/current/act-1986-182).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) Sections 1 and 2 shall commence on the date of assent to this Act.\n> \n> > (2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Reference of certain matters relating to children","content":"#### 3 Reference of certain matters relating to children\n\n3 Reference of certain matters relating to children\n\n> > (1) 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 for a period commencing on the day on which this Act commences and ending on the day fixed, pursuant to section 4, as the day on which the reference under this section shall terminate, but no longer, namely—\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) Subject to subsection (2A), the matters referred by subsection (1) 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 authorising the taking, of action that would prevent or interfere with—\n> > \n> > > (a) a Minister of the Crown, an officer of the State, an officer of an adoption agency approved under a law of the State, or any other person or body, having or acquiring the custody, guardianship, care or control of children under a provision specified in Schedule 1,\n> > \n> > > (b) (Repealed)\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, or other body, under a provision specified in Schedule 1, to make orders, or 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) The matters referred by subsection (1) include 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 matter referred to in subsection (2)(a)–(d) if—\n> > \n> > > (a) the Minister of the Crown responsible for the administration of the relevant provision specified in Schedule 1, or\n> > \n> > > (b) a person authorised, in writing, by that Minister of the Crown to act on his or her behalf for the purposes of Part VII of the [Family Law Act 1975](http://www.legislation.gov.au/) 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 that Act in a court having jurisdiction under that Act.\n> \n> > (3) In the preceding provisions of this section—\n> > \n> > > (a) the references to children shall be read as references to persons under the age of 18 years,\n> > \n> > > (b) the references to the maintenance of, and the payment of expenses in relation to, children shall 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 shall 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> **s 3:** Am 1989 No 132, Sch 1; 1996 No 60, Sch 1 (1)–(6).","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Termination of reference","content":"#### 4 Termination of reference\n\n4 Termination of reference\n\n> The Governor may, at any time, by proclamation published on the NSW legislation website, fix a day as the day on which the reference under this Act shall terminate.\n> \n> **s 4:** Am 2009 No 106, Sch 3.10.","sortOrder":3},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Statutory provisions","content":"# Schedule 1 Statutory provisions\n\nSchedule 1 Statutory provisions\n\n(Section 3)\n\n[Adoption Act 2000](/view/html/inforce/current/act-2000-075): sections 23(1), (4) and (5), 50, 51, 75(1), (7) and (9), 77(2), 78, 84, 86, 92, 93, 95, 106, 107, 110, 111, 116 and 117.  \n[Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157): sections 27, 29, 38, 41, 44, 46, 49, 53, 69, 70, 78, 79(1)(a)(iii) and (1)(b), 81, 116, 118, 119, 138(1), 149, 151, 152, 153, 154, 157, 173, 175, 176, 245, 247 and 255.  \n[Community Services (Complaints, Reviews and Monitoring) Act 1993](/view/html/inforce/current/act-1993-002): sections 47 and 48.  \n[Guardianship Act 1987](/view/html/inforce/current/act-1987-257): sections 13, 14, 23(b), 25(5) and (6), 31 and 32–48.\n\n**sch 1:** Am 1987 No 58, Schs 3, 4; 1989 No 132, Sch 1. Subst 1996 No 60, Sch 1 (7). Am 1997 No 77, Sch 1.4; 1998 No 158, Sch 2.7; 2004 No 91, Sch 1.5; 2019 No 25, Sch 5.12.","sortOrder":4}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act has been amended at least three times (2000, 2004, and 2010) since its original enactment in 1986, suggesting the scope of the referred powers has been progressively expanded — most likely to keep pace with changes to the Commonwealth's Family Law Act, including reforms related to de facto couples and children born outside of marriage. The original 1986 referral was narrower; subsequent amendments broadened the categories of children and family arrangements covered by the referral."},"complexity_factors":["Constitutional law concepts involved — requires understanding of the division of powers between states and the Commonwealth under the Australian Constitution (specifically section 51(xxxvii) referral of powers)","The Act itself is short and simple, but its purpose and effect cannot be understood without knowledge of the broader federal family law framework","Interplay between state and federal legislative systems adds a layer of abstraction for general readers","The document provided contains mostly metadata and navigation elements rather than the full legislative text, limiting substantive analysis","Has been amended multiple times since 1986, suggesting evolving scope"],"plain_english_summary":"This NSW Act refers state law-making power to the Commonwealth so federal family law (notably the Family Law Act 1975) can apply to children regardless of parents’ marital status. It affects separating parents (including de facto or unmarried couples), the children involved, and court jurisdiction, creating a single national regime instead of divergent state rules."},"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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act as printed records multiple amendments (see s 3 note and sch 1 note), and the Schedule 1 list of protected state provisions has been updated over time. The termination/administration mechanism was also amended (s 4 note). Those amendments have altered which state provisions are excluded or interact with the Commonwealth referral and therefore changed the Act’s practical scope since enactment."},"complexity_factors":["Intergovernmental referral mechanism that temporarily transfers legislative power from State to Commonwealth (s 3)","Detailed exclusions and conditional exceptions requiring written ministerial consent (s 3(2),(2A))","Cross‑references to the Family Law Act 1975 for implementation and proceedings (s 3(2A))","Schedule 1 lists multiple state statutory provisions that remain protected or interact with the referral (sch 1)","Termination power vested in the Governor with proclamation, creating a time‑limited and administratively variable scope (s 4)","Multiple amendment history noted in the Act text and schedule, increasing interpretive complexity (s 3 note; sch 1 note)"],"plain_english_summary":"This Act refers specific child‑related matters—child maintenance, custody/guardianship/access, and parentage determinations—to the Commonwealth Parliament for a limited period (s 3). It preserves state adoption and listed state powers unless a relevant state minister gives written consent for Commonwealth action, and the Governor can fix when the referral ends (s 3(2),(2A); s 4). The referral changes which level of government and which courts make and enforce decisions, affecting parents, state agencies and service providers."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1986 Act has significantly expanded in scope through amendments. Schedule 1 has been substituted entirely (1996) and amended multiple times (1997, 1998, 2004, 2019) to reflect new child protection legislation. The 1996 amendments added the complex 'Ministerial consent' mechanism in section 3(2A), which was not in the original Act. The Schedule now references the Adoption Act 2000 and Children and Young Persons (Care and Protection) Act 1998 — statutes that didn't exist when the Act was first passed. The machinery has grown from a simple referral to a sophisticated coordination mechanism between federal family law and state child protection systems."},"complexity_factors":["Nested conditional logic in section 3(2) and 3(2A) creating exceptions to exceptions (federal jurisdiction excluded unless Minister consents)","Cross-references to external legislation including the Commonwealth Family Law Act 1975 and multiple NSW Acts listed in Schedule 1","Dynamic legislative references ('as amended and in force from time to time') requiring tracking of amendments across multiple statutes","Temporal limitation mechanism requiring coordination between commencement and termination dates (sections 2, 3, and 4)","Age-based definitions with extension for special circumstances (section 3(3)(a)-(b)) creating conditional scope","Schedule 1 contains 40+ specific section references across 4 different NSW Acts, requiring knowledge of those provisions to understand the full exclusion scope"],"plain_english_summary":"This is a New South Wales law that **hands over certain state powers to the Australian federal government** (the Commonwealth) so that federal family law can operate consistently across the country.\n\n**What it does:**\n- **Refers** (gives) specific state law-making powers to the Commonwealth Parliament for a limited time. This allows the federal government to make laws about children that would otherwise be state matters.\n- The powers handed over cover:\n  - **Child maintenance** (financial support for children)\n  - **Child custody, guardianship, and access** (who looks after the child and who can visit them)\n  - **Parentage determinations** (legally establishing who a child's parents are)\n\n**Important limits:**\n- The referral **excludes adoption** (stays with the states)\n- It **protects state child protection systems** — federal family law courts generally can't interfere with children who are under the care of state child welfare authorities (like those in foster care or state guardianship), **unless** the relevant state Minister gives written consent\n- The referral can be **terminated at any time** by the NSW Governor (though in practice, these referrals tend to remain in place)\n\n**Who it affects:**\n- Families going through separation or divorce where children are involved\n- State child protection agencies and foster carers\n- Federal family law courts (who need this referral to have full power to hear certain cases)\n\n**Why it matters:**\nWithout this law, there would be gaps and conflicts between state and federal laws. For example, a federal court might not have clear power to order child support or decide custody if the child was in state care. This law fixes that by creating a cooperative framework — but it carefully protects the state's role in protecting vulnerable children from abuse and neglect."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/commonwealth-powers-family-law-children-act-1986","history":"/api/acts/commonwealth-powers-family-law-children-act-1986/history","analysis":"/api/acts/commonwealth-powers-family-law-children-act-1986/analysis","conflicts":"/api/acts/commonwealth-powers-family-law-children-act-1986/conflicts","importantCases":"/api/acts/commonwealth-powers-family-law-children-act-1986/important-cases","documents":"/api/acts/commonwealth-powers-family-law-children-act-1986/documents"}}