The Victorian Government amend the Children, Youth and Families Act 2005 (Vic) to clarify that the Children’s Court of Victoria has the same jurisdiction to make Family Law Act 1975 (Cth) parenting orders as the Magistrates’ Court of Victoria.
As part of our approach, the Department of Justice and Community Safety:
In February 2017, the Victorian Government made a submission to the Commonwealth Government on proposed legislative family law reforms to reduce fragmentation of jurisdiction in cases that involve family violence.
A national Law, Crime and Community Safety Council (now Council of Attorneys-General) working group has been established through the Council of Australian Governments (COAG) to consider the impacts, including resourcing, of the proposed legislation released by the Commonwealth government through a draft exposure bill. In addition, the Department of Justice and Community Safety, the Magistrates’ Court of Victoria and the Children’s Court (CCV) commissioned a modelling project to identify the cost impacts for the Victorian justice system of the Commonwealth’s Family Law Amendment (Family Violence and Other Measures) Act 2018, including the cost impact for the CCV if it accepts the family law jurisdiction.
Slot gameThe Children Youth and Families Act 2005 (Vic) will be amended to make clear that family law jurisdiction conferred upon the CCV under the Family Law Act 1975 (Cth) would be exercised in the Family Division of the Court, and allow the CCV to make rules for the purpose of exercising that jurisdiction. This would achieve any necessary legislative changes at the state level to enable the CCV to make its own rules to govern the exercise of parenting orders under the Family Law Act 1975 (Cth) and would acquit Recommendation 133.
Reviewed 17 May 2020