Western Australian Consolidated Acts Western Australian Consolidated Acts[Section 247]
In this Schedule,
unless the contrary intention appears —
commencement day means the day on which
section 246 comes into operation;
repealed Act means the Family Court Act 1975
repealed by section 246.
2 . Interpretation Act 1984 applies
This Schedule does not
limit the operation of the Interpretation Act 1984 .
3 . Persons holding offices under, or employed or
engaged for purposes of, the repealed Act
(1) A
person —
(a) who
was appointed under Division 2 of Part II of the repealed Act to be the
Chief Judge, a judge other than the Chief Judge, or an acting judge;
(b)
subject to subclauses (2) and (3), who was appointed under
Division 4 of Part II of the repealed Act to be an officer of the Court;
or
(c) who
was employed or engaged as a member of staff for the purposes of the repealed
Act, whether or not under Division 4 of Part II of the repealed Act,
and whose appointment
to, or employment or engagement in, that office or position was in effect
immediately before the commencement day is to be treated on and after the
commencement day as having been appointed, employed or engaged, as the case
requires, on the same terms and conditions, including as to remuneration, as
those which applied to the person immediately before the commencement day.
(2) A person who was
the registrar of the Court under the repealed Act and whose appointment to
that office was in effect immediately before the commencement day is to be
treated on and after the commencement day as having been appointed as the
Principal Registrar under this Act but otherwise on the same terms and
conditions, including as to remuneration, as those which applied to the person
immediately before the commencement day.
(3) A person who was a
deputy registrar of the Court under the repealed Act and whose appointment to
that office was in effect immediately before the commencement day is to be
treated on and after the commencement day as having been appointed as a
registrar under this Act but otherwise on the same terms and conditions,
including as to remuneration, as those which applied to the person immediately
before the commencement day.
(4) A person to whom
this clause applies retains all existing and accruing rights and benefits as
if the holding of the office, or the employment or engagement, under this Act
were a continuation of the person’s holding of the office, or the
employment or engagement, under the repealed Act immediately before the
commencement day.
(5) If a person to
whom subclause (2) or (3) applies has also been appointed, and holds
office, as a stipendiary magistrate under the
Stipendiary Magistrates Act 1957 and the person’s appointment to
the office of stipendiary magistrate was —
(a) in
effect immediately before the commencement day; and
(b)
conditional on the person holding office as the registrar or a deputy
registrar under the repealed Act,
then on and after the
commencement day, the person’s appointment to the office of stipendiary
magistrate —
(c) is
to be treated as being conditional on the person holding office as the
Principal Registrar or a registrar, as the case requires, according to whether
subclause (2) or (3) applies to the person; and
(d)
otherwise continues to be subject to the terms and conditions applicable to
the appointment.
4 . Setting aside of orders made under repealed
s. 30 altering property interests
(1) Where, on
application by a person affected by an order made by the Court under
section 30 of the repealed Act, the Court is satisfied that there has
been a miscarriage of justice by reason of fraud, duress, suppression of
evidence, the giving of false evidence, or any other circumstance, the Court
may, in its discretion, set aside the order and, if it thinks fit, make
another order in substitution for the order so set aside, taking into account
the considerations applicable to an order altering the interests of parties in
their property under Part VIII of the Family Law Act.
(2) In the exercise of
its powers under subsection (1), the Court must have regard to the
interests of, and must make any order proper for the protection of, a bona
fide purchaser or other person interested.
5 . Treatment of orders as to custody,
guardianship, access or maintenance or other payments
(1) An order with
respect to the custody of a child in force under the repealed Act immediately
before the commencement day has effect, on and after the commencement
day —
(a) so
far as it deals (expressly or impliedly) with the question of the person or
persons with whom the child is to live, as if it were a residence order made
under this Act; and
(b) so
far as it deals, expressly or impliedly, with other aspects of parental
responsibility for the child, as if it were a specific issues order made under
this Act.
(2) An order with
respect to the guardianship of a child in force under the repealed Act
immediately before the commencement day has effect, on and after the
commencement day —
(a) so
far as it deals (expressly or impliedly) with the question of the person or
persons with whom the child is to live, as if it were a residence order made
under this Act; and
(b) so
far as it deals (expressly or impliedly) with other aspects of parental
responsibility for the child, as if it were a specific issues order made under
this Act.
(3) An order with
respect to the access to a child in force under the repealed Act immediately
before the commencement day has effect, on and after the commencement day, as
if it were a contact order made under this Act.
(4) An order with
respect to the maintenance of a child in force under the repealed Act
immediately before the commencement day has effect, on and after the
commencement day, as if it were a child maintenance order made under this Act.
(5) An order for the
payment of preliminary expenses or any other moneys under Division 5 of
Part III of the repealed Act in force immediately before the commencement day
has effect, on and after the commencement day, as if it were an order for the
payment of child bearing expenses made under this Act.
(6) In this clause, a
reference to a particular kind of order in force under the repealed Act
includes a reference to —
(a) an
agreement that has effect as that kind of order under the repealed Act;
(b) an
order that is treated, or that has effect, as if it were an order of that
kind; or
(c) a
right or liability, within the meaning of the Family Court (Orders of
Registrars) Act 1997 , that —
(i)
is in respect of a matter to which subsection (1),
(2), (3), (4) or (5) applies; and
(ii)
is conferred, imposed or affected by section 4 of
that Act.
(7) Nothing in
subclause (6) applies to an agreement to the extent, if any, to which the
agreement relates to child welfare matters in respect of a child.
6 . Treatment of applications for orders as to
custody, guardianship, access or maintenance or other payments
(1) This clause
applies if, immediately before the commencement day, an application for an
order under section 36, 55, 62 or 63 of the repealed Act of any of the
following kinds was still awaiting determination —
(a) an
order with respect to the custody of a child;
(b) an
order with respect to the guardianship of a child;
(c) an
order with respect to the access to a child;
(d) an
order with respect to the maintenance of a child;
(e) an
order for the payment of preliminary expenses or any other moneys under
Division 5 of Part III of the repealed Act.
(2) An application
referred to in subclause (1) must be determined as if it were an
application for the corresponding order or orders under Part 5 of this
Act (determined having regard to the effect of clause 5).
7 . Treatment of agreements relating to child
welfare matters
(1) To the extent that
it relates to child welfare matters in respect of a child, a child agreement
or a maintenance agreement in force under the repealed Act immediately before
the commencement day has effect on and after the commencement day as if it
were a parenting plan made under this Act.
(2)
If —
(a) a
child agreement had been registered under section 41 of the repealed Act
and the registration was in effect immediately before the commencement day; or
(b) a
maintenance agreement had been registered under section 70 of the
repealed Act and the registration was in effect immediately before the
commencement day,
then, to the extent
that the agreement relates to child welfare matters in respect of a child, the
agreement continues to have effect on and after the commencement day as if it
were a parenting plan registered under section 79 of this Act.
(1) If a warrant under
section 47(1) or (2) of the repealed Act was in force immediately before
the commencement day then the repealed Act continues to have effect on and
after the commencement day in relation to the warrant as if the repealed Act
had not been repealed.
(2) If an application
for a warrant under section 47 of the repealed Act has not been decided
by the commencement day then the repealed Act continues to have effect after
the commencement day in relation to the application and to any warrant issued
in relation to the application as if the repealed Act had not been repealed.
9 . Treatment of orders as to information
(1) If an order under
section 47(5a) or (5b) of the repealed Act was in force immediately
before the commencement day then the repealed Act continues to have effect on
and after the commencement day in relation to the order as if the repealed Act
had not been repealed.
(2) If an application
for an order under section 47(5a) or (5b) of the repealed Act has not
been decided by the commencement day then the repealed Act continues to have
effect on and after the commencement day in relation to the application and to
any order made in relation to the application as if the repealed Act had not
been repealed.
10 . Other things done for purposes of provisions
of repealed Act
Subject to
clauses 5 to 9 —
(a) the
making of an application to, or filing of a notice or other document in, a
court;
(b) the
making of an order or other decree by a court;
(c) the
preparation of a report or other document; and
(d) the
making of, continuation of, or conduct of proceedings in relation to, an
appeal to or from a court,
or any other thing
done for the purposes of a provision of the repealed Act has effect, on and
after the commencement day, as if it were an equivalent thing done under the
provisions of this Act that most closely correspond to the provisions of the
repealed Act.