{"id":"F2005B01734","name":"Family Law Act 1975 s 41(2) - Proclamation (04/11/1991)","slug":"family-law-act-1975-s-41-2-proclamation-04-11-1991","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":112163,"registerId":"commonwealth-F2005B01734-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Family Law Act 1975 s 41(2) - Proclamation (04/11/1991)","content":"PROCLAMATION\n\nCommonwealth of Australia By His Excellency the\n\nGovernor-General of the\n\nBILL HAYDEN Commonwealth of Australia\n\nGovernor-General\n\nI, WILLIAM GEORGE HAYDEN, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, being satisfied that:\n\n(a) arrangements have been made under which Judges will not be appointed to the Family Court of Western Australia except with the approval of the Attorney-General of the Commonwealth;\n\n(b) Judges appointed to that Court are by reason of training, experience and personality, suitable persons to deal with matters of family law and cannot hold office beyond the age of 70 years; and\n\n(c) counselling facilities will be available to that Court;\n\ndeclare that under subsection 41 (2) of the Family Law Act 1975 that, on and after 5 November 1991, section 41 of the Family Law Act 1975 applies to the Family Court of Western Australia.\n\n  \n\n(L.S.) GIVEN under my Hand and\n\nthe Great Seal of Australia on\n\n4th November 1991.\n\nBy His Excellency’s Command,\n\nMichael Lavarch\n\nAttorney-General\n\nGOD SAVE THE QUEEN!","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation performs exactly the function intended by section 41(2) of the Family Law Act 1975: to extend federal family law jurisdiction to a state family court once specified conditions are satisfied. The scope remains precisely aligned with the original legislative intent."},"complexity_factors":["Single operative provision with straightforward conditional trigger","Only three factual preconditions, expressed in plain language","No defined terms, cross-references, or subsidiary legislation","Document type is a proclamation (executive instrument) rather than a statute, making it inherently simpler in structure","Total length: approximately 150 words of substantive content"],"plain_english_summary":"This is a formal declaration by the Governor-General in 1991 that brought the Family Court of Western Australia under the federal Family Law Act 1975.\n\n**What it does:**\nBefore this proclamation, Western Australia's Family Court operated under state law. This document officially 'switched on' the federal Family Law Act for that court, meaning federal family law rules would now apply there.\n\n**Why this could happen:**\nThe Governor-General could only make this declaration after being satisfied that three conditions were met:\n- **Commonwealth control over appointments:** Federal Attorney-General must approve any judges appointed to the court\n- **Judicial suitability:** Judges must be properly qualified for family law work and face a mandatory retirement age of 70\n- **Support services:** Counselling services must be available to help families\n\n**Who it affects:**\nFamilies in Western Australia going through separation, divorce, or parenting disputes. From November 1991, their cases would be decided under federal law rather than state law, with access to the same appeals and procedures as other Australian families.\n\n**Why it matters:**\nThis was part of a broader move toward a unified national family law system. It meant Western Australian families would get consistent treatment with the rest of Australia, while the state retained its unique court structure."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This proclamation extends the application of section 41 of the Family Law Act 1975 to the Family Court of Western Australia, effective 5 November 1991, conditional on the three recited arrangements being in place (Attorney‑General approval of appointments; suitability and retirement age of judges; availability of counselling facilities). The instrument therefore changes the statutory coverage of s41 by bringing that State court within its scope from the stated date. The proclamation itself does not alter the text of s41; it changes which court the provision applies to, and records the administrative conditions relied on for that extension."},"complexity_factors":["Straightforward proclamation form with a single operative effect (application of s41 to the Family Court of Western Australia).","Three discrete factual/administrative conditions required and recited (a)–(c).","Introduces an approval gate (Attorney‑General sign‑off) which creates administrative discretion but without procedural detail.","Leaves implementation details (funding, standards for counselling facilities, verification of continued satisfaction) unspecified.","Cross‑jurisdictional implication: a Commonwealth provision is being declared to apply to a State court (requires coordination), but the instrument itself is short and focused."],"plain_english_summary":"The proclamation applies subsection 41(2) of the Family Law Act 1975 to the Family Court of Western Australia from 5 November 1991, subject to the Governor‑General’s satisfaction of three conditions. It affects the Court and its judges by requiring Attorney‑General approval for appointments, expecting suitable appointees who retire at 70, and requiring counselling facilities be available.\n\nThe instrument records who decides (Attorney‑General approval) but says nothing about funding, implementation standards or ongoing verification."}},"importantCases":[],"_links":{"self":"/api/acts/family-law-act-1975-s-41-2-proclamation-04-11-1991","history":"/api/acts/family-law-act-1975-s-41-2-proclamation-04-11-1991/history","analysis":"/api/acts/family-law-act-1975-s-41-2-proclamation-04-11-1991/analysis","conflicts":"/api/acts/family-law-act-1975-s-41-2-proclamation-04-11-1991/conflicts","importantCases":"/api/acts/family-law-act-1975-s-41-2-proclamation-04-11-1991/important-cases","documents":"/api/acts/family-law-act-1975-s-41-2-proclamation-04-11-1991/documents"}}