Part 12Miscellaneous

Part 12 — Miscellaneous 237. Costs — FLA s. 117 371 238. Reparation for certain losses and expenses relating to children — FLA s. 117A 373 239. Interest on moneys ordered to be paid — FLA s. 117B 375 240. Offers of settlement — FLA s. 117C 375 241. *Ex parte* orders 376 243A. Making arrests under this Act or warrants — FLA s. 122A 377 243B. Powers to enter and search premises, and stop conveyances, for making arrests under this Act or warrants — FLA s. 122AA 378 244. Rules 379 244A. Rules for proceedings under *Births, Deaths and Marriages Registration Act 1998* 385 245. Regulations 386 246. Repeal 387 247. Transitional and savings 388 Schedule 1 — Oath and affirmation of office Schedule 2 — Transitional and savings Division 1 — Provisions for repeal of *Family Court Act 1975* 1. Terms used 390 2. Interpretation Act 1984 applies 390 3. Persons holding offices under, or employed or engaged for purposes of, the repealed Act 390 4. Setting aside of orders made under repealed s. 30 altering property interests 392 5. Treatment of orders as to custody, guardianship, access or maintenance or other payments 392 6. Treatment of applications for orders as to custody, guardianship, access or maintenance or other payments 394 7. Treatment of agreements relating to child welfare matters 394 8. Treatment of warrants 395 9. Treatment of orders as to information 395 10. Other things done for purposes of provisions of repealed Act 395 Division 2 — Provisions for *Family Court Amendment (Family Violence and Other Measures) Act 2013* 11. Application of amendments relating to family violence 396 12. Application of other amendments 396 Division 3 — Provisions for *Family Court Amendment Act 2022* 13. Application of amendments 398 Division 4 — Provisions for Family Court Amendment (Commonwealth Reforms) Act 2024 14. Application of amendments 399 Notes Compilation table 404 Uncommenced provisions table 406 Other notes 407 Defined terms An Act to continue the Family Court of Western Australia, to repeal the *Family Court Act 1975* and for related purposes. ## Part 1 — Preliminary ##### 1. Short title This Act may be cited as the *Family Court Act 1997*. ##### 2. Commencement The provisions of this Act come into operation on such day as is, or days as are respectively, fixed by proclamation. ##### 3. Contents of this Act This Act — (a) provides for the Family Court of Western Australia and for certain other State courts to exercise the federal jurisdiction invested in them by or under the *Family Law Act 1975* of the Commonwealth; and (b) provides for the Family Court of Western Australia and for certain other State courts to exercise the non‑federal jurisdictions conferred on them by or under this Act; and (c) provides for the Family Court of Western Australia to exercise jurisdiction under any other written law, or for the purposes of any other Commonwealth law. ##### 4. References in section headings and definitions to comparable provisions of Commonwealth Acts (1) A reference to “FLA” followed by a section designation — (a) in the heading to a section of this Act is a reference to the section of the *Family Law Act 1975* of the Commonwealth with which the section in this Act is comparable; or (b) immediately before a definition in this Act is a reference to the section in the *Family Law Act 1975* of the Commonwealth containing a definition with which the definition in this Act is comparable. (2) A reference to “FCFCAA” followed by a section designation in the heading to a section of this Act is a reference to the section of the *Federal Circuit and Family Court of Australia Act 2021* (Commonwealth) with which the section in this Act is comparable. (3) Nothing in this section limits the *Interpretation Act 1984* section 32(2). [Section 4 amended: No. 49 of 2024 s. 4.] ##### 5. Terms used (1) In this Act, unless the contrary intention appears — Aboriginal child means a child who is a descendant of the Aboriginal people of Australia; Aboriginal or Torres Strait Islander culture, in relation to a child — (a) means the culture of the Aboriginal or Torres Strait Islander community or communities to which the child belongs; and (b) includes Aboriginal or Torres Strait Islander lifestyle and traditions of that community or communities; abuse, in relation to a child, means — (a) an assault, including a sexual assault, of the child; or (b) a person (the first person) involving the child in a sexual activity with the first person or another person in which the child is used, directly or indirectly, as a sexual object by the first person or the other person, and where there is unequal power in the relationship between the child and the first person; or (c) causing the child to suffer serious psychological harm, including (but not limited to) when that harm is caused by the child being subjected to, or exposed to, family violence; or (d) serious neglect of the child; adopted in relation to a child, means adopted under the law of any place (whether in or out of Australia) relating to the adoption of children; alleged contravention in Part 5 Division 14 Subdivision 2, means the alleged contravention because of which the alleged offender is arrested; alleged offender in Part 5 Division 14 Subdivision 2, means the person who is arrested; application for a confiscation declaration means any of the following — (a) an application under section 30 of the *Criminal Property Confiscation Act 2000*, for a declaration that property has been confiscated; (b) an application under section 27 of the *Criminal Property Confiscation Act 2000*, for a confiscable property declaration; (c) an application under section 32A(1) of the *Misuse of Drugs Act 1981* that a person be declared a drug trafficker; arbitration has the meaning given by section 56; arbitrator has the meaning given by section 57; arresting person means the person who arrests the alleged offender; audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places; bankrupt has the same meaning as in the Family Law Act; Bankruptcy Act means the *Bankruptcy Act 1966* (Commonwealth); bankruptcy trustee, in relation to a bankrupt, means the trustee of the bankrupt’s estate; birth includes stillbirth; captain, in relation to an aircraft or vessel, means the person in charge or command of the aircraft or vessel; case guardian — (a) means a person appointed by a court under the rules to manage and conduct a case for a child or a person with a disability; and (b) includes a next friend, guardian ad litem, tutor or litigation guardian; CEO means the CEO as defined in section 3 of the *Children and Community Services Act 2004*; Chief Judge means the judge appointed under section 11(2) to be the Chief Judge of the Court; child — (a) in Part 5, includes an adopted child, a child whose parentage has been transferred under the *Surrogacy Act 2008* and a stillborn child; and (b) in Part 5 Division 6 Subdivision 5, means a person who has not attained the age of 18 years (including a person who is an adopted child or a child whose parentage has been transferred under the *Surrogacy Act 2008*); child bearing expenses means a matter in respect of which a payment may be ordered to be made under Subdivision 2 of Division 8 of Part 5; childbirth maintenance period, in relation to the birth of a child, means the period that begins on the day mentioned in paragraph (a) or (b) and ends 3 months after the child’s birth — (a) if the mother — (i) works in paid employment; and (ii) is advised by a medical practitioner to stop working for medical reasons related to her pregnancy; and (iii) stops working after being so advised and more than 2 months before the child is due to be born, the period begins on the day on which she stops working; or (b) in any other case, the period begins on the day that is 2 months before the child is due to be born; child maintenance order has the meaning given by section 84(5); child maintenance provisions, in relation to a parenting plan, has the meaning given by section 76(5); child‑related order — see section 205G(2); child‑related proceedings has the meaning given by section 202A; Child Support (Assessment) Act means the *Child Support (Assessment) Act 1989* (Commonwealth); Note for this definition: See the *Child Support (Commonwealth Powers) Act 2019*. Child Support (Registration and Collection) Act means the *Child Support (Registration and Collection) Act 1988* (Commonwealth); Note for this definition: See the *Child Support (Commonwealth Powers) Act 2019*. child welfare law means this Act, the *Adoption Act 1994*, the *Children and Community Services Act 2004*, the *Young Offenders Act 1994* and any other written law providing for — (a) the imprisonment, detention or residence of a child; or (b) the care, treatment and protection of a child who has a mental illness; child welfare officer in relation to a State or Territory, means — (a) a person who, because he or she holds, or performs the duties of, a prescribed office of the State or Territory, has responsibilities in relation to a child welfare law of the State or Territory; or (b) a person authorised in writing by such a person for the purposes of Part 5; child welfare provisions, in relation to a parenting plan, has the meaning given by section 76(4); Commissioner of Police means the Commissioner of Police appointed under section 5 of the *Police Act 1892*; communicate — see section 236A(1); confiscation declaration means any of the following — (a) a declaration under section 30 of the *Criminal Property Confiscation Act 2000* that property has been confiscated; (b) a confiscable property declaration under section 27 of the *Criminal Property Confiscation Act 2000*; (c) a declaration under section 32A(1) of the *Misuse of Drugs Act 1981* that a person is a drug trafficker; contravene, in relation to a child‑related order — see section 205C; conveyance includes a vehicle, a vessel and an aircraft; Court or Family Court of Western Australia means the Family Court of Western Australia continued by this Act; court has a meaning affected by section 8; criminal confiscation order means any of the following — (a) a confiscation declaration; (b) a freezing order, within the meaning of the *Criminal Property Confiscation Act 2000*; (c) a freezing notice, within the meaning of the *Criminal Property Confiscation Act 2000*; debtor subject to a personal insolvency agreement has the meaning given in section 7B; department means a department of the Public Service; designated family report — see section 65AB; Director of Court Counselling means the Director of Court Counselling appointed under section 25(1)(d); DPP means the Director of Public Prosecutions appointed under the *Director of Public Prosecutions Act 1991*; dwelling house includes a conveyance, or a room in accommodation, in which people ordinarily retire for the night; education includes apprenticeship or vocational training; exposed to family violence, in relation to a child, has the meaning given in section 9A(3); family consultant has the meaning given by section 61; family counselling has the meaning given by section 47; family counsellor has the meaning given by section 48; family dispute resolution has the meaning given by section 51; family dispute resolution practitioner has the meaning given by section 52; Family Law Act means the *Family Law Act 1975* of the Commonwealth and includes rules, regulations and proclamations for the time being in force under that Act; family law magistrate means a person who is both a magistrate appointed under the *Magistrates Court Act 2004* and either the Principal Registrar or a registrar of the Family Court of Western Australia; family law practice and procedure provisions has the meaning given by section 211C(4); family report writer — see section 65AA; family violence has the meaning given in section 9A(1); family violence order means an order (including an interim order) made under a law of a State or a Territory to protect a person from family violence; Federal Circuit and Family Court of Australia means the Federal Circuit and Family Court of Australia (Division 1); final parenting order includes a parenting order that is an interlocutory order if the parenting order is not expressed to be an order until further order; income tested pension, allowance or benefit has the meaning given by the Family Law Act; independent children’s lawyer, for a child, means a legal practitioner who represents the child’s interests in proceedings under an appointment made under a court order under section 164(2); information about a child’s location, in the context of a location order made or to be made by a court in relation to a child, means information about — (a) where the child is; or (b) where a person who the court has reasonable cause to believe has the child is; information sharing agency has the meaning given by section 162C; information sharing safeguards has the meaning given by section 162I(1); interests in relation to a child, includes matters related to the care, welfare or development of the child; judge or Family Court judge means a judge of the Court; location order has the meaning given by section 143(1); made in favour, in relation to a parenting order (other than a child maintenance order), has the meaning given by section 84(6); major long‑term issues has the meaning given by section 7A; medical expenses includes medical, surgical, dental, diagnostic, hospital, nursing, pharmaceutical and physiotherapy expenses; medical practitioner means a person registered or licensed as a medical practitioner under a law of a State or a Territory that provides for the registration or licensing of medical practitioners and who has current entitlement to practise in that State or Territory; member of the family has the meaning given in section 6; metropolitan region has the meaning given to that term in the *Planning and Development Act 2005* section 4; order means an order of a court and includes a judgment and an order dismissing an application or refusing to make an order; parent, when used in Part 5 in relation to a child who has been adopted, means an adoptive parent of the child; parentage testing order has the meaning given by section 195(1); parentage testing procedure means a medical procedure prescribed, or included in a class of medical procedures prescribed, for the purposes of this definition; parental responsibility, in Part 5, has the meaning given by section 68; parenting order has the meaning given by section 84(1); parenting plan has the meaning given by section 76;