An Act to refer to the Commonwealth Parliament certain matters relating to children
This Act may be cited as the Commonwealth Powers (Family Law—Children) Act 1990.
3Reference of certain matters relating to children
(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—(a)the maintenance of children and the payment of expenses in relation to children or child bearing;(b)the custody and guardianship of, and access to, children;(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.(1A)A reference under subsection (1)(a), (b) or (c) has effect for a period—(a)beginning at the beginning of the commencement day; and(b)ending at the beginning of a day fixed under section 4 as the day on which it terminates;but not longer.
(2)The matters referred to the Parliament of the Commonwealth pursuant to subsection (1) do not include the matter of 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—(a)a Minister, an officer of the State or any other person having or acquiring the custody, guardianship or care of children under a provision specified in the schedule; or(b)the jurisdiction of the Supreme Court, or a court of the State under a provision specified in the schedule, to make orders or take any other action in respect of—(i)the adoption of children; or(ii)the custody, guardianship or care of children; or(iii)access to children or the supervision of children.(3)Despite subsection (2), the matters referred by subsection (1) include the matter of the taking, or the making of a provision in relation to authorising the taking, of action of the kind specified in subsection 2(a) and (b) if—(a)the Minister responsible for the administration of the relevant provision specified in the schedule; or(b)a person authorised, in writing, by that Minister to act on his or her behalf for the purposes of Part VII of the Family Law Act 1975 (Cwlth) as amended and in force for the time being;consents, in writing, to the taking of action of the kind specified in subsection (2)(a) and (b) by way of instituting, or continuing, proceedings under the Family Law Act 1975 (Cwlth) in a court having jurisdiction under that Act.
(4)In this section—(a)references to children are to be read as references to persons under the age of 18 years;(b)references to the maintenance of, and the payment of expenses in relation to, children are to be read as including references to the maintenance of, and the payment of expenses in relation to, persons who have attained the age of 18 years and who 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;(c)references to a provision specified in the schedule must 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.(5)In this section—commencement day, in relation to a matter referred to the Parliament of the Commonwealth, means—(a)for a matter referred under subsection (1)(a) or (b)—1 August 1990; or(b)for a matter referred under subsection (1)(c)—the day this subsection commences.s 3 amd 2000 No. 55 s 6; 2001 No. 66 s 3
The Governor in Council may at any time by proclamation fix a day on which the reference made in accordance with section 3 is to terminate.
Act | Provision |
section 39 (Court may dispense with need for consent) | |
section 41 (Discharge of dispensation order if relevant parent not served with application) | |
section 51 (Effect of care agreement) | |
section 54 (Ending of care agreement) | |
section 57 (Chief executive becomes guardian when consent is given or dispensed with) | |
section 64 (Chief executive may renounce guardianship) | |
section 65 (Chief executive may ask corresponding officer to renounce guardianship) | |
section 174 (Court may make adoption orders) | |
section 182 (Application for interim order) | |
section 183 (Requirements for making interim order) | |
section 185 (Effect of interim order) | |
section 186 (Discharge of interim order) | |
section 187 (Application for final adoption order if interim order is in force) | |
section 188 (Application for final adoption order in favour of approved carers or long-term guardians) | |
section 189 (Requirements for making final adoption order) | |
section 192 (Custody and guardianship if no guardian under Commonwealth Act) | |
section 193 (Custody and guardianship if interim order in force) | |
section 194 (Order ending custody or discharging interim order) | |
section 195 (Application for interim order) | |
section 196 (Requirements for making interim order) | |
section 198 (Chief executive to supervise child’s wellbeing and interests) | |
section 199 (Application for final adoption order) | |
section 200 (Requirements for making final adoption order) | |
section 201 (Discharge of interim order on application for final order) | |
section 204 (Application by step-parent) | |
section 208 (Requirements for making final adoption order) | |
section 212 (Application for final adoption order) | |
section 213 (Requirements for making adoption order) | |
section 214 (Effect on relationships) | |
section 215 (Child’s name) | |
section 219 (Grounds for discharge) | |
section 225 (Court orders) | |
section 226 (Effect of discharge) | |
section 243 (Who may appeal) | |
section 245 (Stay of operation of decisions) | |
section 247 (Powers of appellate court) | |
section 291 (Recognition of Australian and New Zealand adoptions) | |
section 292 (Recognition of adoptions granted in convention countries) | |
section 293 (Recognition of adoptions granted in non-convention countries) | |
section 296 (Conversion of simple adoption in convention country) | |
section 297 (Conversion of simple adoption by Childrens Court) | |
section 298 (Chief executive to have limited supervision of adopted children) | |
section 299 (Declarations of validity of foreign adoptions) | |
section 331 (Adoption orders) | |
section 332 (Correction of adoption orders) | |
section 339 (Current applications to Supreme Court or Childrens Court) | |
section 340 (Consents to adoption) | |
section 341 (Chief executive’s guardianship) | |
section 16 (Contact with child at immediate risk of harm) | |
section 17 (Contact with children in school, education and care service premises, family day care etc.) | |
section 18 (Child at immediate risk may be taken into custody) | |
section 27 (Making of temporary assessment order) | |
section 34 (Extension of temporary assessment orders) | |
section 35 (Variation of temporary assessment orders) | |
section 44 (Making of court assessment order) | |
section 49 (Extension of court assessment orders) | |
section 50 (Variation and revocation of court assessment orders) | |
section 59 (Making of child protection order) | |
section 64 (Extension of certain child protection orders) | |
section 65 (Variation and revocation of child protection orders) | |
section 67 (Court’s powers to make interim orders on adjournment) | |
section 68 (Court’s other powers on adjournment of proceedings for child protection orders) | |
section 78 (Chief executive’s powers) | |
section 99 (Particular orders continue pending decision on application for extension, variation, revocation or substitution) | |
section 207 (Chief executive may transfer order) | |
section 214 (Court may transfer order) | |
section 219 (Order may be revived under this Act) | |
section 223 (Effect of registration) | |
section 228 (Court may transfer proceeding) | |
section 230 (Court may make interim order) | |
section 235 (Filing and registration of interstate transfer decision) | |
section 236 (Effect of registration of interstate transfer decision) | |
section 237 (Effect of registration of associated interim order) | |
section 239 (Appeal against decision of Childrens Court) | |
section 240 (Interim orders) | |
section 243 (Transfer from a non-participating State) | |
section 245 (Transfer to a non-participating State) | |
section 197 (Designated medical officer may make care and treatment order for child) | |
section 201 (Designated medical officer may extend care and treatment order) | |
section 61G (Application by testamentary guardian) | |
section 61H (Application by parent) | |
section 61I (Supreme Court decision on application) | |
section 61J (Supreme Court’s powers not limited) |
sch amd 1999 No. 10 s 205 sch 3; 2000 No. 55 s 7
sub 2001 No. 66 s 4
amd 2005 No. 48 s 492 sch 1; 2009 No. 29 s 368 sch 2; 2013 No. 44 s 269 sch 1 pt 2; 2016 No. 57 s 67 sch 1; 2022 No. 7 s 132 sch 1