{"id":"family-court-orders-of-registrars-act-1997","name":"Family Court (Orders of Registrars) Act 1997","slug":"family-court-orders-of-registrars-act-1997","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30501,"registerId":"wa-family-court-orders-of-registrars-act-1997-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Family Court (Orders of Registrars) Act 1997","content":"![Crest]()Western Australia\n\nFamily Court (Orders of Registrars) Act 1997\n\nWestern Australia\n\nFamily Court (Orders of Registrars) Act 1997\n\nContents\n\n1. Short title 1\n\n2. Commencement 1\n\n3. Interpretation 1\n\n4. Rights and liabilities declared in certain cases 2\n\n5. Effect of declared rights and liabilities 2\n\n6. Effect of things done under rights and liabilities declared under this Act or under a corresponding law 3\n\n7. Proceedings as for contempt 3\n\n8. Section 4 regarded as having ceased to have effect in certain cases 4\n\n9. Powers of courts in relation to declared rights and liabilities 4\n\n10. Evidentiary 5\n\n11. Act does not apply to certain orders 5\n\nNotes\n\nCompilation table 6\n\nDefined terms\n\n  \n\nWestern Australia\n\nFamily Court (Orders of Registrars) Act 1997\n\nAn Act relating to certain ineffective orders of Registrars under the *Family Court Act 1975* 2 and to make consequential amendments to another Act.\n\n##### 1. Short title\n\nThis Act may be cited as the *Family Court (Orders of Registrars) Act 1997* 1.\n\n##### 2. Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on the day on which it receives the Royal Assent 1.\n\n(2) Section 12 comes into operation —\n\n(a) on the day on which this Act receives the Royal Assent; or\n\n(b) on the day on which the *Restraining Orders Act 1997* comes into operation 1,\n\nwhichever is the later.\n\n##### 3. Interpretation\n\n(1) In this Act —\n\n  corresponding law means a law in force in the Commonwealth that is declared by order of the Attorney General to be a corresponding law for the purposes of this Act;\n\n  court means a court having jurisdiction under the *Family Court Act 1975* 2;\n\n  liability includes a duty or obligation;\n\n  proceedings has the meaning it had in the *Family Court Act 1975* 2 as in force immediately before the commencement of this Act and includes an initiating application;\n\n  Registrar has the meaning it had in the *Family Court Act 1975 2* as in force immediately before the commencement of this Act;\n\n  right includes an interest or status.\n\n(2) A reference in this Act to an ineffective order is a reference to an order that a Registrar has purported to make, before the commencement of this Act —\n\n(a) in the exercise or purported exercise of a delegated judicial power; and\n\n(b) by way of a non­‑reviewable judicial determination,\n\nand, where there has been a purported variation, revocation, revival or suspension of such an order, includes a reference to the order in the form in which, and to the extent to which, it purports or purported to have effect from time to time.\n\n##### 4. Rights and liabilities declared in certain cases\n\nIf an ineffective order purports or purported to have effect in or in relation to any proceedings, the rights and liabilities of all persons are, by force of this Act, declared to be, and always to have been, the same as if the ineffective order had been made by a court.\n\n##### 5. Effect of declared rights and liabilities\n\nA right or liability conferred, imposed or affected by section 4 —\n\n(a) is exercisable or enforceable; and\n\n(b) is to be regarded as always having been exercisable or enforceable,\n\nas if it were a right or liability conferred, imposed or affected by an order made by a court in or in relation to the proceedings referred to in section 4.\n\n##### 6. Effect of things done under rights and liabilities declared under this Act or under a corresponding law\n\nAny act or thing done or omitted to be done before or after the commencement of this Act under or in relation to a right or liability conferred, imposed or affected by section 4 or a corresponding law —\n\n(a) has the same effect and gives rise to the same consequences for the purposes of any written or other law; and\n\n(b) is to be regarded as always having had the same effect and given rise to the same consequences for the purposes of any written or other law,\n\nas if it were done or omitted to be done to give effect to, or under the authority of, or in reliance on —\n\n(c) an order made by a court in or in relation to the proceedings referred to in section 4; or\n\n(d) an order made by a court exercising the federal jurisdiction with which it is invested by or under the *Family Law Act 1975*, the *Child Support (Assessment) Act 1989* and the *Child Support (Registration and Collection) Act 1988* of the Commonwealth in or in relation to the relevant proceedings under that Act,\n\nas is applicable to the case.\n\nNote:\n\nSee for example Part IVD of the *Stamp Act 1921*.\n\n##### 7. Proceedings as for contempt\n\nIf, before or after the commencement of this Act, a person has —\n\n(a) interfered with a right conferred or affected by section 4; or\n\n(b) failed to satisfy or comply with a liability imposed or affected by section 4,\n\nthe interference or failure is, and is to be regarded as always having been, a matter that can be dealt with in the same manner as if the matter were the subject of proceedings in relation to a contempt of court.\n\n##### 8. Section 4 regarded as having ceased to have effect in certain cases\n\nIf, before the commencement of this Act, a court made an order (the subsequent order) having effect in relation to proceedings referred to in section 4 and —\n\n(a) conferring or imposing rights or liabilities similar to or different from those purportedly conferred or imposed by the ineffective order referred to in section 4; or\n\n(b) affecting rights or liabilities in the same way as they were purportedly affected by the ineffective order referred to in section 4 or in a different way,\n\nsection 4 is to be regarded as having ceased to have effect in respect of the ineffective order when the subsequent order took effect.\n\n##### 9. Powers of courts in relation to declared rights and liabilities\n\n(1) A court may vary, revoke, revive or suspend a right or liability conferred, imposed or affected by section 4 as if it were a right or liability conferred, imposed or affected by an order made by a court.\n\n(2) If, immediately before the commencement of this Act, a court had power under section 28(3)(c), 31(1) or 69 (the relevant provision) of the *Family Court Act 1975* 2 to set aside, vary, discharge, revive or suspend an order or part of an order then a court may, in accordance with the relevant provision, set aside, vary, discharge, revive or suspend a right or liability that —\n\n(a) is in respect of a matter to which the relevant provision applies; and\n\n(b) is conferred, imposed or affected by section 4.\n\n(3) In this section —\n\n  court includes a court having jurisdiction under an Act that repeals the *Family Court Act 1975* 2.\n\n##### 10. Evidentiary\n\nThe court record, or a copy of the court record, of an extracted ineffective order may be adduced in evidence to show the existence, nature and extent of each right and liability conferred, imposed or affected by section 4.\n\n##### 11. Act does not apply to certain orders\n\nNothing in this Act applies to an order declared to be invalid by the Full Court of the Family Court of Australia before the commencement of this Act.\n\n[**12.** Omitted under the Reprints Act 1984 s. 7(4)(e).]\n\nNotes\n\n1 This is a compilation of the *Family Court (Orders of Registrars) Act 1997*. The following table contains information about that Act and any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Family Court (Orders of Registrars) Act 1997* | 21 of 1997 | 7 Sep 1997 | Act other than s. 12: 7 Sep 1997 (see s. 2(1));   s. 12: 15 Sep 1997 (see s. 2(2) and *Gazette* 12 Sep 1997 p. 5149) |\n| **Reprint 1: The *Family Court (Orders of Registrars) Act 1997* as at 16 Jul 2004** | | | |\n\n\n2 The *Family Court Act 1975* was repealed by the *Family Court Act 1997* s. 246.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\ncorresponding law 3(1)\n\ncourt 3(1), 9(3)\n\nineffective order 3(2)\n\nliability 3(1)\n\nproceedings 3(1)\n\nRegistrar 3(1)\n\nright 3(1)\n\nsubsequent order 8\n\nthe relevant provision 9(2)\n","sortOrder":0}],"analysis":{"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was retrievable. The page hosting this Act has been taken offline due to system upgrades on the Western Australian legislation website. Any assessment of whether the Act's scope changed from its original intent would be speculative without access to the actual provisions."},"complexity_factors":["No legislative text was available for analysis — only an error page was provided","Complexity cannot be meaningfully assessed without substantive content","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"The Family Court (Orders of Registrars) Act 1997 likely sets out the powers and legal effect of orders made by Registrars in the Family Court of Western Australia and how those orders may be reviewed or appealed. It would affect parties in family law matters (e.g., divorce, property, parenting) where a Registrar, rather than a judge, issues decisions. The full text is unavailable here; consult WA legislation for details."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act expands scope by retroactively converting certain Registrar determinations that were previously ineffective into the legal status of court orders, thereby validating rights, duties and acts done under them (s4–s6). That retroactive validation is limited where a subsequent court order supersedes the Registrar order (s8) or where the Full Court had already declared an order invalid (s11). The Act also imports corresponding Commonwealth law effect (s6)."},"complexity_factors":["Retroactive validation of past acts and orders (creates retrospective legal effects across time).","Definition of 'ineffective order' requires both exercise of delegated judicial power and being a non‑reviewable judicial determination (s3(2)).","Declaration that rights/liabilities are to be treated 'as if' made by a court, with corresponding enforcement and remedies (s4, s5).","Recognition of acts done under those rights as having full legal effect for other laws, and coverage of corresponding Commonwealth laws (s6).","Provision treating interference or non‑compliance as contempt‑style matters (s7), importing serious procedural consequences.","Mechanism for a later court order to displace the statutory declaration (s8) and express power for courts to vary/revive/suspend declared rights (s9), including cross‑references to provisions of the repealed Family Court Act.","Evidentiary rule allowing court records of extracted ineffective orders to be adduced to prove rights/liabilities (s10).","Exception excluding orders already declared invalid by the Full Court (s11).","Staggered commencement timing for one provision tied to another Act (s2(2)), adding implementation complexity."],"plain_english_summary":"_Family Court (Orders of Registrars) Act 1997_ retroactively treats certain Registrar orders that were legally ineffective as if a court had made them, so the rights, duties and legal consequences flowing from those orders are declared valid and enforceable. It applies to people bound by or who relied on such Registrar orders and allows courts to vary, set aside or enforce those declared rights, while excluding orders already declared invalid by the Full Court."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: validating specific categories of Registrar orders made under the repealed Family Court Act 1975. While it includes machinery provisions for enforcement and evidentiary matters necessary to give effect to that validation, it has not expanded into broader family law procedural reforms or general Registrar powers. The reference to 'corresponding law' and future repealing Acts (section 9(3)) provides necessary flexibility without altering the core scope."},"complexity_factors":["Retrospective validation mechanism requires tracking multiple temporal states (before/after commencement, purported vs actual effect)","Nested definitions: 'ineffective order' defined by reference to delegated judicial powers and non-reviewable judicial determinations under repealed legislation","Cross-references to three Commonwealth Acts (Family Law Act 1975, Child Support Acts) and the repealed WA Family Court Act 1975","Conditional logic in section 8 regarding when section 4 ceases to have effect based on subsequent court orders","Evidentiary provisions requiring interpretation of 'court record' and 'extracted ineffective order'","Section 6 creates equivalence between actions under this Act and actions under 'corresponding law' declared by Attorney General"],"plain_english_summary":"This Western Australian law fixes a legal problem where Registrars (court officials who handle administrative tasks) made orders that they weren't actually allowed to make under the old Family Court Act 1975.\n\n**What it does:**\n- **Validates past mistakes:** Before 1997, some Registrars made orders that were technically invalid because they exceeded their legal authority. This Act declares those \"ineffective orders\" to be legally valid—as if a proper judge had made them all along.\n- **Protects people who relied on the orders:** If you acted on one of these orders (for example, paid child support, transferred property, or followed a restraining order), your actions are protected. The law treats everything done under these orders as legally effective.\n- **Allows enforcement:** If someone disobeyed one of these orders, they can be punished for contempt of court (serious disobedience of court authority), just as if a real judge had issued the order.\n- **Lets courts fix problems:** Real judges can now vary, cancel, or suspend these validated orders if needed.\n\n**Who it affects:**\n- Anyone who was involved in Family Court proceedings in Western Australia before 1997 where a Registrar made an order\n- People who acted on, relied on, or were bound by these Registrar-made orders\n- Lawyers and courts handling ongoing family law matters that trace back to these orders\n\n**Why it matters:**\nWithout this law, thousands of family law orders made by overzealous Registrars could have been challenged as invalid. That would have created chaos—property transfers might be void, child support payments questionable, and parenting arrangements uncertain. This Act provides legal certainty by wiping the slate clean and saying \"these orders count, even if they shouldn't have been made in the first place.\""},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/family-court-orders-of-registrars-act-1997","history":"/api/acts/family-court-orders-of-registrars-act-1997/history","analysis":"/api/acts/family-court-orders-of-registrars-act-1997/analysis","conflicts":"/api/acts/family-court-orders-of-registrars-act-1997/conflicts","importantCases":"/api/acts/family-court-orders-of-registrars-act-1997/important-cases","documents":"/api/acts/family-court-orders-of-registrars-act-1997/documents"}}