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Part 9—Management and administration

Part 9 Management and administration

Division 1 Management responsibilities of the Chief Judge and the Chief Executive Officer

211   Management of administrative affairs of the Federal Circuit and Family Court of Australia (Division 2)

             (1)  The Chief Judge is responsible for managing the administrative affairs of the Federal Circuit and Family Court of Australia (Division 2).

             (2)  The administrative affairs of the Federal Circuit and Family Court of Australia (Division 2) do not include the corporate services of the Court.

             (3)  The following matters relating to the Federal Circuit and Family Court of Australia (Division 2) are the corporate services of the Court:

                     (a)  communications;

                     (b)  finance;

                     (c)  human resources;

                     (d)  information technology;

                     (e)  libraries;

                      (f)  records management;

                     (g)  administrative matters relating to judgments, to the extent that such matters do not involve the exercise of judicial power;

                     (h)  procurement and contract management;

                      (i)  property;

                      (j)  risk oversight and management;

                     (k)  court security;

                      (l)  statistics;

                    (m)  any other matter prescribed by a determination under subsection (7).

             (4)  For the purpose mentioned in subsection (1), the Chief Judge has power to do all things that are necessary or convenient to be done, including, on behalf of the Commonwealth:

                     (a)  entering into contracts; and

                     (b)  acquiring or disposing of real and personal property.

             (5)  The Chief Judge’s powers under subsection (4) are in addition to any powers given to the Chief Judge by this Chapter or any other Act.

             (6)  Despite subsection (4), the Chief Judge must not enter into a contract under which the Commonwealth is to pay or receive an amount exceeding:

                     (a)  $1 million; or

                     (b)  if a higher amount is prescribed—that higher amount;

except with the approval of the Minister.

             (7)  The Minister may, by legislative instrument, determine matters that are the corporate services of the Court (see paragraph (3)(m)).

Note 1:       See Part IIB of the Federal Court of Australia Act 1976 for provisions relating to the corporate services of the Federal Circuit and Family Court of Australia (Division 2).

Note 2:       For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013 ), the officers and staff of the Federal Circuit and Family Court of Australia (Division 2) are officials of the listed entity mentioned in section 18ZB of the Federal Court of Australia Act 1976 .

Note 3:       For the purposes of the Public Service Act 1999 , the APS employees mentioned in section 219, subsections 226(1), 227(1), 228(1) and 229(1) and sections 230 and 231 of this Act are part of the Statutory Agency declared under section 18ZE of the Federal Court of Australia Act 1976 .

212   Arrangements with other courts

             (1)  The Chief Judge may arrange with the chief judicial officer (however described) of another Australian court for an officer or officers of that court to perform on behalf of the Federal Circuit and Family Court of Australia (Division 2) any or all of the following functions:

                     (a)  the receipt of documents to be lodged with or filed in the Court;

                     (b)  the signing and issuing of writs, commissions and process for the purposes of any proceedings in the Court;

                     (c)  the authentication of orders of the Court;

                     (d)  the administration of oaths and affirmations, and the witnessing of affidavits, for the purposes of any proceedings in the Court;

                     (e)  such other non-judicial functions as are permitted by the Rules of Court to be performed under such an arrangement;

                      (f)  such other non-judicial functions as the Chief Judge considers appropriate.

             (2)  If an arrangement under subsection (1) is in force in relation to the performance by an officer of an Australian court of a function on behalf of the Federal Circuit and Family Court of Australia (Division 2), the officer may perform that function despite:

                     (a)  any other provision of this Chapter; or

                     (b)  any other law of the Commonwealth.

             (3)  A function performed on behalf of the Federal Circuit and Family Court of Australia (Division 2) in accordance with an arrangement under subsection (1) has effect as if the function had been performed by the Court.

             (4)  Copies of an arrangement under subsection (1) are to be made available for inspection by members of the public.

             (5)  For the purposes of this section, a member of the staff of an Australian court is taken to be an officer of that court.

213   Arrangements with agencies or organisations

             (1)  The Chief Judge may arrange with the chief executive officer (however described) of:

                     (a)  an agency of the Commonwealth, a State or a Territory; or

                     (b)  another organisation;

for an employee or employees of the agency or organisation to:

                     (c)  receive, on behalf of the Federal Circuit and Family Court of Australia (Division 2), documents to be lodged with or filed in the Court; or

                     (d)  perform, on behalf of the Federal Circuit and Family Court of Australia (Division 2), other non-judicialfunctions of the Court.

             (2)  If an arrangement under subsection (1) is in force in relation to the performance by an employee of an agency or organisation of a function on behalf of the Federal Circuit and Family Court of Australia (Division 2), the employee may perform that function despite:

                     (a)  any other provision of this Chapter; or

                     (b)  any other law of the Commonwealth.

             (3)  A function performed on behalf of the Federal Circuit and Family Court of Australia (Division 2) in accordance with an arrangement under subsection (1) has effect as if the function had been performed by the Court.

             (4)  Copies of an arrangement under subsection (1) are to be made available for inspection by members of the public.

214   Arrangements for sharing courtrooms and other facilities

                   The Chief Judge may make arrangements with the chief judicial officer (however described) of another Australian court for:

                     (a)  the Federal Circuit and Family Court of Australia (Division 2) to sit in rooms of the other court; and

                     (b)  the Court to share registry facilities and other facilities with the other court.

215   Advisory committees

             (1)  The Federal Circuit and Family Court of Australia (Division 2) may appoint committees consisting of Judges, or of Judges and other persons, for the purpose of advising the Court in relation to the exercise of the powers of the Court under this Chapter.

             (2)  The Chief Judge may appoint committees consisting of Judges, or of Judges and other persons, for the purpose of advising the Chief Judge in relation to:

                     (a)  the making of the Rules of Court; or

                     (b)  the management of the administrative affairs of the Federal Circuit and Family Court of Australia (Division 2).

Division 2 Chief Executive Officer

216   Chief Executive Officer

                   In managing the administrative affairs of the Federal Circuit and Family Court of Australia (Division 2), the Chief Judge is assisted by the Chief Executive Officer.

217   Powers of Chief Executive Officer

             (1)  The Chief Executive Officer has the power to do all things necessary or convenient to be done for the purpose of assisting the Chief Judge under section 216.

             (2)  In particular, the Chief Executive Officer may act on behalf of the Chief Judge in relation to the administrative affairs of the Federal Circuit and Family Court of Australia (Division 2).

             (3)  The Chief Judge may give the Chief Executive Officer directions relating to the exercise of the Chief Executive Officer’s powers under:

                     (a)  this Chapter; or

                     (b)  Chapter 5, to the extent that the provisions of that Chapter apply to the Federal Circuit and Family Court of Australia (Division 2).

Division 3 Registries and registrars

218   Registries

                   The Minister must cause such Registries of the Federal Circuit and Family Court of Australia (Division 2) to be established as the Minister thinks fit.

219   Registrars

                   The Registrars of the Federal Circuit and Family Court of Australia (Division 2) are to be persons engaged under the Public Service Act 1999 .

220   Powers exercisable by Chief Executive Officer and Registrars

             (1)  The object of this section is to allow certain powers of the Federal Circuit and Family Court of Australia (Division 2) to be exercised by:

                     (a)  the Chief Executive Officer; or

                     (b)  a Registrar.

Note:          The Chief Executive Officer and a Registrar may be delegates of the Federal Circuit and Family Court of Australia (Division 2): see the definition of delegate in subsection 7(1).

             (2)  The following powers of the Federal Circuit and Family Court of Australia (Division 2) may, if the Court or a Judge so directs, be exercised by a delegate:

                     (a)  the power to make an order transferring family law or child support proceedings to the Federal Circuit and Family Court of Australia (Division 1) under section 117;

                     (b)  the power, under subsection 158(3), to require a party’s lawyer to give the party an estimate of:

                              (i)  the likely duration of a proceeding or part of a proceeding; and

                             (ii)  the likely amount of costs that the party will have to pay in connection with the proceeding or part of the proceeding;

                     (c)  the power, under subsection 159(1), to give directions about the practice and procedure to be followed in relation to a proceeding or part of a proceeding;

                     (d)  the power, under subsection 159(3), to make such order or direction as is appropriate when a party fails to comply with a direction about the practice and procedure to be followed in relation to a proceeding or part of a proceeding;

                     (e)  the power to dispense with the service of any process of the Court;

                      (f)  the power to make orders in relation to substituted service;

                     (g)  the power to make orders in relation to discovery, inspection and production of documents in the possession, power or custody of a party to proceedings in the Court or of any other person;

                     (h)  the power to make orders in relation to interrogatories;

                      (i)  the power, in proceedings in the Court, to make an order adjourning the hearing of the proceedings;

                      (j)  the power to make an order as to costs;

                     (k)  the power to make an order about security for costs;

                      (l)  the power to make an order exempting a party to proceedings in the Court from compliance with a provision of the Rules of Court;

                    (m)  a power of the Court prescribed by the Rules of Court;

                     (n)  the power, in family law or child support proceedings, to direct a party to the proceedings to answer particular questions;

                     (o)  the power to make orders under the following provisions of the Family Law Act 1975 :

                              (i)  sections 11F and 11G;

                             (ii)  sections 13C and 13D;

                            (iii)  subsection 65LA(1);

                            (iv)  paragraph 70NEB(1)(a);

                     (p)  the power to direct a family consultant to give a report under section 62G of the Family Law Act 1975 ;

                     (q)  the power, in family law or child support proceedings, to make:

                              (i)  an order under section 66Q, 67E, 77 or 90SG of the Family Law Act 1975 ; or

                             (ii)  an order for the payment of maintenance pending the disposal of the proceedings;

                      (r)  the power to make an order the terms of which have been agreed upon by all the parties to the proceedings;

                      (s)  the power to make orders (including an order for garnishment, seizure of property or sequestration) for the enforcement of maintenance orders under the Family Law Act 1975 ;

                      (t)  the power to make an order exempting a party to family law or child support proceedings from compliance with a provision of regulations made under the Family Law Act 1975 .

             (3)  Despite subsection (2), the powers of the Federal Circuit and Family Court of Australia (Division 2) in respect of which the Court or a Judge may not give a direction include the following:

                     (a)  the power to make a divorce order in proceedings that are defended;

                     (b)  the power to make a decree of nullity of marriage;

                     (c)  the power to make a declaration as to the validity of:

                              (i)  a marriage; or

                             (ii)  a divorce; or

                            (iii)  the annulment of a marriage;

                     (d)  the power to make an excluded child order;

                     (e)  the power to make an order setting aside a registered award under section 13K of the Family Law Act 1975 .

Costs

             (4)  A delegate must not exercise the powers referred to in paragraph (2)(j) except in relation to costs of, or in connection with, an application heard by a delegate.

Orders made as a matter of urgency

             (5)  A delegate must not exercise the power referred to in paragraph (2)(q) on application by a party to proceedings under the Family Law Act 1975 unless:

                     (a)  the other party to the proceedings appears at the hearing of the application; or

                     (b)  the delegate is satisfied that notice of the intention of the party to make the application has been served on the other party.

Application of laws

             (6)  The provisions of this Act, the Rules of Court and any other law of the Commonwealth that relate to the exercise by the Federal Circuit and Family Court of Australia (Division 2) of a power that is, because of subsection (2), exercisable by a delegate, apply in relation to an exercise of the power by a delegate under this section as if references in those provisions to the Federal Circuit and Family Court of Australia (Division 2) (expressly or otherwise) were references to the delegate.

221   Delegation

Delegation of powers

             (1)  The Chief Judge may make Rules of Court delegating any of the powers of the Federal Circuit and Family Court of Australia (Division 2), including any of the powers mentioned in subsection 220(2), to a delegate.

Note:          For the definition of delegate , see subsection 7(1).

             (2)  Despite subsection (1), the powers of the Federal Circuit and Family Court of Australia (Division 2) that may not be delegated include the following:

                     (a)  the power to make a divorce order in proceedings that are defended;

                     (b)  the power to make a decree of nullity of marriage;

                     (c)  the power to make a declaration as to the validity of:

                              (i)  a marriage; or

                             (ii)  a divorce; or

                            (iii)  the annulment of a marriage;

                     (d)  the power to make an excluded child order;

                     (e)  the power to make an order setting aside a registered award under section 13K of the Family Law Act 1975 .

Effect of delegation

             (3)  A power delegated by the Rules of Court, when exercised by a delegate, is taken, for all purposes, to have been exercised by the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Court.

             (4)  The delegation of a power by the Rules of Court does not prevent the exercise of the power by the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Court.

Costs

             (5)  If the power referred to in paragraph 220(2)(j) is delegated by the Rules of Court, a delegate must not exercise the power except in relation to costs of, or in connection with, an application heard by a delegate.

Orders made as a matter of urgency

             (6)  If the power referred to in paragraph 220(2)(q) is delegated by the Rules of Court, a delegate must not exercise the power on application by a party to proceedings under the Family Law Act 1975 unless:

                     (a)  the other party to the proceedings appears at the hearing of the application; or

                     (b)  the delegate is satisfied that notice of the intention of the party to make the application has been served on the other party.

Application of laws

             (7)  The provisions of this Act, the Rules of Court and any other law of the Commonwealth that relate to the exercise by the Federal Circuit and Family Court of Australia (Division 2) of a power that is, because of a delegation under subsection (1), exercisable by a delegate, apply in relation to an exercise of the power by a delegate under the delegation as if references in those provisions to the Federal Circuit and Family Court of Australia (Division 2) (expressly or otherwise) were references to the delegate.

222   Independence of delegates

                   Despite any other provision of this Chapter and any provision of the Public Service Act 1999 or of any other law, a delegate is not subject to the direction or control of any person or body in relation to the way in which the delegate exercises powers under subsection 220(2) or under a delegation under subsection 221(1).

223   Review of power exercised by delegate

             (1)  A party to proceedings in which a delegate has exercised any of the powers of the Federal Circuit and Family Court of Australia (Division 2) under subsection 220(2) or under a delegation under subsection 221(1) may:

                     (a)  within the time prescribed by the Rules of Court; or

                     (b)  within any further time allowed in accordance with the Rules of Court;

apply to the Court for review of that exercise of power.

             (2)  The Federal Circuit and Family Court of Australia (Division 2) may, on application under subsection (1) or on its own initiative, review an exercise of power by a delegate under subsection 220(2) or under a delegation under subsection 221(1), and may make any order or orders it thinks fit in relation to the matter in respect of which the power was exercised.

Referral to Court by delegates

             (3)  If an application for the exercise of a power referred to in subsection 220(2) or under a delegation under subsection 221(1) is to be, or is being, heard by a delegate, and:

                     (a)  the delegate considers that it is not appropriate for the application to be determined by a delegate acting under section 220 or under a delegation under subsection 221(1); or

                     (b)  an application is made to the delegate to arrange for the first-mentioned application to be determined by a Judge;

the delegate must not hear, or continue to hear, the application and must make appropriate arrangements for the application to be heard by a Judge.

224   Oath or affirmation of office

             (1)  Before proceeding to discharge the duties of office, a Registrar must take before a Judge an oath or affirmation in accordance with the form set out in whichever of subsection (2) or (3) is applicable.

Oath

             (2)  This is the form of oath for the purposes of subsection (1):

                   I,               , do swear that I will well and truly serve in the office of Registrar of the Federal Circuit and Family Court of Australia (Division 2) and that I will do right to all manner of people according to law without fear or favour, affection or ill-will. So help me God!

Affirmation

             (3)  This is the form of affirmation for the purposes of subsection (1):

                   I,               , do solemnly and sincerely promise and declare that I will well and truly serve in the office of Registrar of the Federal Circuit and Family Court of Australia (Division 2) and that I will do right to all manner of people according to law without fear or favour, affection or ill-will.

Division 4 Other officers and staff

Subdivision A Officers and staff

225   Officers of the Federal Circuit and Family Court of Australia (Division 2)

             (1)  In addition to the Chief Executive Officer, there are to be the following officers of the Federal Circuit and Family Court of Australia (Division 2):

                     (a)  the Registrars of the Court;

                     (b)  such Registry Managers of the Court as are necessary;

                     (c)  the Sheriff of the Court;

                     (d)  such Deputy Sheriffs of the Court as are necessary;

                     (e)  the Marshal of the Court;

                      (f)  such Deputy Marshals of the Court as are necessary;

                     (g)  such family consultants as are necessary.

             (2)  The officers of the Federal Circuit and Family Court of Australia (Division 2), other than the Chief Executive Officer, have such duties, powers and functions as are given to them by:

                     (a)  by or under:

                              (i)  this Chapter or Chapter 5; or

                             (ii)  the Family Law Act 1975 ; or

                            (iii)  the Rules of Court; or

                     (b)  by the Chief Judge or the Court.

226   Sheriff

             (1)  The Sheriff of the Federal Circuit and Family Court of Australia (Division 2) is to be a person engaged under the Public Service Act 1999 .

             (2)  The Sheriff of the Federal Circuit and Family Court of Australia (Division 2) is responsible for the service and execution of all process of the Court directed to the Sheriff.

             (3)  The Sheriff of the Federal Circuit and Family Court of Australia (Division 2) is also responsible for dealing, on behalf of the Court, with:

                     (a)  the Australian Federal Police; and

                     (b)  the police forces of the States and Territories;

in relation to the service and execution of process of the Court directed to members of any of those police forces.

227   Deputy Sheriffs

             (1)  The Deputy Sheriffs of the Federal Circuit and Family Court of Australia (Division 2) may be persons engaged under the Public Service Act 1999 .

             (2)  A Deputy Sheriff may, subject to any directions of the Sheriff, exercise or perform any of the powers or functions of the Sheriff.

228   Marshal

             (1)  The Marshal of the Federal Circuit and Family Court of Australia (Division 2) is to be a person engaged under the Public Service Act 1999 .

             (2)  The Marshal is responsible for:

                     (a)  the security of the Federal Circuit and Family Court of Australia (Division 2); and

                     (b)  the personal security of the Judges, officers and staff of the Court.

             (3)  The Marshal is also responsible for:

                     (a)  taking, receiving and detaining all persons committed to the Marshal’s custody by the Federal Circuit and Family Court of Australia (Division 2); and

                     (b)  discharging such persons when so directed by the Court or otherwise required by law.

229   Deputy Marshals

             (1)  The Deputy Marshals of the Federal Circuit and Family Court of Australia (Division 2) may be persons engaged under the Public Service Act 1999 .

             (2)  A Deputy Marshal may, subject to any directions of the Marshal, exercise or perform any of the powers or functions of the Marshal.

230   Family consultants

                   Family consultants who are officers of the Federal Circuit and Family Court of Australia (Division 2) are to be persons engaged under the Public Service Act 1999 .

Note:          Family consultants who are not officers of the Federal Circuit and Family Court of Australia (Division 2) may be appointed under regulations made under the Family Law Act 1975 : see paragraph 11B(c) of that Act.

231   Staff of the Federal Circuit and Family Court of Australia (Division 2)

             (1)  There are to be such staff of the Federal Circuit and Family Court of Australia (Division 2) as necessary.

             (2)  The staff of the Federal Circuit and Family Court of Australia (Division 2) are to consist of persons engaged under the Public Service Act 1999 .

Subdivision B Provisions relating to officers and staff

232   Arrangements relating to Commonwealth staff

                   The Chief Executive Officer may, on behalf of the Chief Judge, arrange with:

                     (a)  an Agency Head; or

                     (b)  an authority of the Commonwealth;

for the services of officers or employees of the Agency or authority to be made available for the purposes of the administrative affairs of the Federal Circuit and Family Court of Australia (Division 2).

233   Delegation by Registry Managers

             (1)  A Registry Manager of the Federal Circuit and Family Court of Australia (Division 2) may delegate all or any of a Registry Manager’s functions or powers under the Family Law Act 1975 to a person whom the Registry Manager considers is an appropriate officer or staff member of the Court.

             (2)  In performing a delegated function or exercising a delegated power, the person must comply with any written directions of the relevant Registry Manager.

234   Authorised persons to assist the Sheriff or Deputy Sheriffs

             (1)  The Sheriff may authorise persons to assist the Sheriff in exercising powers or performing functions as the Sheriff.

             (2)  A Deputy Sheriff may authorise persons to assist the Deputy Sheriff in exercising powers or performing functions as the Deputy Sheriff.

235   Authorised persons to assist the Marshal or Deputy Marshals

             (1)  The Marshal may authorise persons to assist the Marshal in exercising powers or performing functions as the Marshal.

             (2)  A Deputy Marshal may authorise persons to assist the Deputy Marshal in exercising powers or performing functions as the Deputy Marshal.

236   Actions by or against Sheriff or Marshal

             (1)  If the Sheriff or a Deputy Sheriff is a party to a proceeding in the Federal Circuit and Family Court of Australia (Division 2):

                     (a)  all writs, summonses, orders, warrants, precepts, process and commands in the proceeding which should, in the ordinary course, be directed to the Sheriff must be directed to such disinterested person as the Court or a Judge appoints; and

                     (b)  the person so appointed may execute and return them.

             (2)  If the Marshal or a Deputy Marshal is a party to a proceeding in the Federal Circuit and Family Court of Australia (Division 2):

                     (a)  all writs, summonses, orders, warrants, precepts, process and commands in the proceeding which should, in the ordinary course, be directed to the Marshal must be directed to such disinterested person as the Court or a Judge appoints; and

                     (b)  the person so appointed may execute and return them.

237   Making arrests under this Chapter or warrants

Application

             (1)  This section applies to any of the following persons (the arrester ) who is authorised by this Chapter, or a warrant issued under this Chapter or the Rules of Court, to arrest another person (the arrestee ):

                     (a)  the Sheriff of the Federal Circuit and Family Court of Australia (Division 2);

                     (b)  a Deputy Sheriff of the Federal Circuit and Family Court of Australia (Division 2);

                     (c)  the Sheriff of a court of a State or Territory;

                     (d)  a Deputy Sheriff of a court of a State or Territory;

                     (e)  a police officer.

Power to enter premises

             (2)  If the arrester reasonably believes the arrestee is on premises, the arrester may enter the premises, using such force as is necessary and reasonable in the circumstances, at any time of the day or night for the purpose of searching the premises for the arrestee or arresting the arrestee.

             (3)  However, the arrester must not enter a dwelling house between 9 pm one day and 6 am the next day unless the arrester reasonably believes that it would not be practicable to arrest the arrestee there or elsewhere at another time.

Use of force

             (4)  In the course of arresting the arrestee, the arrester:

                     (a)  must not use more force, or subject the arrestee to greater indignity, than is necessary and reasonable to make the arrest or to prevent the arrestee’s escape after the arrest; and

                     (b)  must not do anything that is likely to cause the death of, or grievous bodily harm to, the arrestee unless the arrester reasonably believes that doing that thing is necessary to protect life or prevent serious injury to another person (including the arrester); and

                     (c)  if the arrestee is attempting to escape arrest by fleeing—must not do a thing described in paragraph (b) unless:

                              (i)  the arrester reasonably believes that doing that thing is necessary to protect life or prevent serious injury to another person (including the arrester); and

                             (ii)  the arrestee has, if practicable, been called on to surrender and the arrester reasonably believes that the arrestee cannot be arrested in any other way.

Informing the arrestee of grounds for arrest

             (5)  When arresting the arrestee, the arrester must inform the arrestee of the grounds for the arrest.

             (6)  It is sufficient if the arrestee is informed of the substance of those grounds, not necessarily in precise or technical language.

             (7)  Subsection (5) does not apply if:

                     (a)  the arrestee should, in the circumstances, know the substance of the grounds for the arrest; or

                     (b)  the arrestee’s actions make it impracticable for the arrester to inform the arrestee of those grounds.

238   Receivers

             (1)  The Federal Circuit and Family Court of Australia (Division 2) may, at any stage of a proceeding, on such terms and conditions as the Court thinks fit, appoint a receiver by interlocutory order in any case in which it appears to the Court to be just or convenient to do so.

             (2)  A receiver of any property appointed by the Federal Circuit and Family Court of Australia (Division 2) may, without the previous leave of the Court, be sued in respect of an act or transaction done or entered into by the receiver in carrying on the business connected with the property.

             (3)  When, in any cause pending in the Federal Circuit and Family Court of Australia (Division 2), a receiver appointed by the Court is in possession of property, the receiver must manage and deal with the property:

                     (a)  according to the requirements of the laws of the State or Territory in which the property is situated; and

                     (b)  in the same manner as that in which the owner or possessor of the property would be bound to do if in possession of the property.

Division 5 Miscellaneous administrative matters

239   Procedural information to be given to unrepresented parties

                   The Chief Executive Officer may give directions and issue guidelines to officers and staff of the Federal Circuit and Family Court of Australia (Division 2) in relation to the procedural information to be given to parties (and, in particular, unrepresented parties) to enable them to formulate and present their cases.

240   Annual report

             (1)  As soon as practicable after 30 June in each financial year, the Chief Judge must prepare a report of the management of the administrative affairs of the Federal Circuit and Family Court of Australia (Division 2) during the financial year.

             (2)  A report prepared after 30 June in a year must be given to the Minister by 15 October of that year.

             (3)  The Minister must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable.

             (4)  A report prepared under this section may be included in a report prepared and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 in relation to the listed entity mentioned in section 18ZB of the Federal Court of Australia Act 1976 .

241   Delegation of the administrative powers of the Chief Judge

                   The Chief Judge may, in writing, delegate all or any of the Chief Judge’s powers under section 211 to any one or more of the Judges.

242   Proceedings arising out of administrative affairs of the Federal Circuit and Family Court of Australia (Division 2)

                   Any judicial or other proceeding relating to a matter arising out of the management of the administrative affairs of the Federal Circuit and Family Court of Australia (Division 2) under this Part, including any proceeding relating to anything done by the Chief Executive Officer under this Part, may be instituted by or against the Commonwealth.

243   Protection of persons involved in handling etc. complaints

             (1)  In exercising powers or performing functions under paragraph 112(2)(d) and subsection 113(1), or assisting in exercising those powers or performing those functions, a complaint handler has the same protection and immunity as a Justice of the High Court.

             (2)  In authorising a person or body under subsection 113(2), the Chief Judge has the same protection and immunity as a Justice of the High Court.

             (3)  A witness requested to attend, or appearing, before a complaint handler handling a complaint has the same protection, and is subject to the same liabilities in a proceeding, as a witness in a case tried by the High Court.

             (4)  A legal practitioner assisting, or appearing on behalf of a person before, a complaint handler handling a complaint has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.