Commonwealth legislation

Family Law Act 1975 s 41(2) - Proclamation (04/11/1991)

In ForceCTH

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

3/10 complexity

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.

The instrument records who decides (Attorney‑General approval) but says nothing about funding, implementation standards or ongoing verification.

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Current sections

Direct links to the current provisions in Family Law Act 1975 s 41(2) - Proclamation (04/11/1991).

Family Law Act 1975 s 41(2) - Proclamation (04/11/1991)

PROCLAMATION

Commonwealth of Australia By His Excellency the

Governor-General of the

BILL HAYDEN Commonwealth of Australia

Governor-General

I, WILLIAM GEORGE HAYDEN, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, being satisfied that:

(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;

(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

declare 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.

(L.S.) GIVEN under my Hand and

the Great Seal of Australia on

4th November 1991.

By His Excellency’s Command,

Michael Lavarch

Attorney-General

GOD SAVE THE QUEEN!

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Family Law Act 1975 s 41(2) - Proclamation (04/11/1991)