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Wednesday, 27 November 1974
Page: 2883


Senator MURPHY (New South WalesAttorneyGeneral) - I move:

Leave out clause 91 and insert the following clauses:- 91. (I) The Attorney-General may establish a Family Law Council consisting of persons appointed by him in accordance with sub-section (2 ).

(2)   The Council shall consist of a Judge of the Family Court and such other judges, officers ofthe Public Service of Australia or of a State, representatives of marriage counselling organisations and other persons as the AttorneyGeneral thinks lit.

(3)   lt is the function ofthe Council to advise and make recommendations to the Attorney-General, either of its own motion or upon request made to it by the Attorney-General, concerning-

(   a) the working or this Act and other legislation relating to family law:

(b)   the working of legal aid in proceedings in family law; and

(c)   any other matters relating to family law.

(4)   The Attorney-General shall appoint one of its members to be Chairman ofthe Council.

(5)   The members of the Council shall be paid such allowances in respect of expenses in connexion with their duties as are prescribed.

(6)   A member (including the Chairman) may resign his office by writing signed by him and delivered to the Attorney-General.

(7)   Meetings of the Council shall bc convened by the Chairman or the Attorney-General.

(8)   The Council shall cause records to be kept of its meetings.

(9)   The Council shall, within 60 days after each year ending on 30 June, furnish to the Attorney-General, for presentation to the Parliament, a report with respect to its operations in that year. 91a. ( I ) There is established by this Act an Institute by the name of the Institute of Family Studies.

(2)   The Institute shall consist of-

(a)   a Director; and

(b)   4 or more other members, each of whom shall bc appointed by the Attorney-General.

(   3 ) The functions ofthe Institute are-

(   ix )to promote, by the encouragement and co-ordination of research and other appropriate means, the identification of. and development of understanding of, the factors affecting marital and family stability in Australia, with the object of promoting the protection of the family as the natural and fundamental group unit in society: and

(b)   to advise and assist the Attorney-General in relation to the making of grants, out of moneys available under appropriations made by the Parliament, for purposes related to the functions ofthe Institute and the supervising ofthe employment of grants so made.

(4)   The regulations may prescribe any matters that are necessary or convenient to be prescribed in connexion with the conduct of the affairs of the Institute, including matters relating to the conduct ofthe meetings of the Institute, and. subject to the Remuneration Tribunals Act 1973-74, payment of remuneration and allowances to the Director or other members ofthe Institute.

(5)   The Director may, on behalf of Australia and with the approval of the Attorney-General, employ persons as members ofthe staff of the Institute and engage persons to assist the Institute as consultants or otherwise.

(6)   The terms and conditions of employment or engagement of persons under this section are such as are from time to time determined by the Director wilh the approval of the Attorney-General.

(7)   Where a member of the staff of the Institute was, immediately before his appointment, an officer of the Australian Public Service or a person to whom the Officers' Rights Declaration Act 1928-1973 applied-

(a)   he retains his existing and accruing rights;

(b)   for the purpose of determining those rights, his service as a member of the staff of the Institute shall be taken into account as if it were service in the Australian Public Service; and

(c)   the Officers' Rights Declaration Act 1928-1973 applies as if this Act and this section had been specified in the Schedule to that Act.

(   8 ) This section has effect notwithstanding the Public Service Act 1 922- 1 974 but subject to any other Act relating to persons employed by Australia.'.

Proposed sub-sections (5), (6), (7) and (8) are an addition to the consolidated list of amendments. They refer to the employment of persons to assist the Institute of Family Studies, terms and conditions of employment, certain matters about members of the Public Service who might happen to be employed by the Institute, and technical matters.

This means that clause 9 1 has been redrafted. The name of the body to be established has been changed to the Family Law Council in accordance with the recommendation of the Senate Standing Committee in paragraph 82 (b) of its report. The functions of the Council have been extended to include advising and making recommendations to the Attorney-General, not only at his request but also of its own motion, on the working of the Family Law Act and on other matters relating to family law, and on the working of legal aid in proceedings in family law as recommended by the Senate Standing Committee in paragraph 82 (c) of its report.

Provision has been made for the Council to present an annual report for tabling in Parliament as recommended in paragraph 82 (f) of the Senate Standing Committee's report. The Council is to consist of a judge of the Family Court and of such other judges, public servants, representatives of marriage counselling organisations and other persons as the AttorneyGeneral thinks fit. The members of the Council shall be entitled to such allowances in respect of expenses in connection with their duties as are prescribed. There is no corresponding provision in the existing law.

The new clause 91a provides for the establishment of the Institute of Family Studies which will have the functions of promoting research into the factors affecting marital and family stability in Australia and advising and assisting the Attorney-General in relation to the making of grants of money for the purpose of such research and the supervising ofthe employment of grants so made. The Institute shall consist of a director and 4 or more other persons, each of whom shall be appointed by the Attorney-General. Subclauses (4) to (9) make provision for the operation and administration of the Institute.

Amendment agreed to.

Clause, as amended, and proposed new clause 9 1 a agreed to.

Clause 92

(   1 ) Subject to sub-section (2). each party to proceedings under this Act shall bear his own costs.

(2)   If the court is of opinion in a particular case that there arc exceptional circumstances that justify it in doing so. the court may. subject to the regulations, make such orders as to costs and security for costs, whether by way of interlocutory order or otherwise, as the court thinks just.







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