South Australia: Family and Community Services Act 1972 (SA)

South Australia Family and Community Services Act 1972 An Act to promote the welfare of families and the community in this State; and for other purposes. Contents Part 1—Preliminary 1 Short title 6 Interpretation Part 2—The promotion of family and community welfare Division 1—Administration 8 Delegation Division 2—Objectives and powers of the Minister and the Department 10 Objectives of the Minister and the Department Division 4—Community aides 16 Appointment of community aides 17 Duties and functions 18 Allowances in respect of expenses 19 Training of community aides 20 Register Part 3—The provision of family and community services Division 1—Provision of local services 22 Provision of services from family and community services centres and other places Division 2—Special welfare funds 23 Special funds Division 3—Contracts for services 24 The Minister may enter into agreements for services Part 4—Support services for children Division 2—Services and facilities for children Subdivision 2—Establishment of certain facilities and programmes for children 36 Establishment of facilities and programmes for children Part 6—Maintenance obligation Division 1—Maintenance orders Subdivision 1—Orders with respect to children 98 Liability of near relatives for maintenance of child 99 Issue of summons for maintenance 100 Order for payment of maintenance 101 Complaints in respect of maintenance of two or more children Subdivision 2—Orders etc in affiliation cases 102 Court may adjudge defendant to be father of child in affiliation cases 103 Warrant may issue in lieu of summons 104 Order for payment of preliminary expenses 105 Where order made during pregnancy 106 Order may be made, without complaint, in proceedings against father 107 Power of court to make order for future maintenance of child upon complaint for preliminary expenses 108 Compellability of defendant as witness in affiliation cases 109 Liability for contribution toward preliminary expenses and maintenance 110 Power to lay complaint for support of child born outside marriage against one or more persons 111 Power of Chief Executive to accept settlement in full 112 Provision for blood tests Subdivision 3—Orders for payment of medical and hospital expenses in connection with lawful termination of pregnancy 113 Orders re payment of medical expenses etc where pregnancy terminated Subdivision 4—Orders for medical and other expenses 117 Order for payment of medical and like expenses Division 3—Jurisdiction and powers of Magistrates Court 130 General jurisdiction of courts of summary jurisdiction in respect of orders under this Part 131 Orders directing payment of nominal sum only 133 Interim orders for payment of maintenance Division 4—Provisions relating to the commencement and duration of orders and to evidentiary matters Subdivision 1—Commencement and duration of orders 134 Orders for maintenance of children etc 135 Maintenance after child's eighteenth year 136 Orders for support of wife, husband or child may include provision for past maintenance 138 Recovery of arrears after cessation of order Subdivision 2—Evidentiary provisions 140 Evidence of mother as to paternity of child born outside marriage etc not to be accepted without corroboration except in certain cases 141 Proof of marriage 142 Evidentiary provision Division 5—Provisions relating to the discharge, suspension, variation and revival of orders 143 Application of Division 144 General power to discharge, suspend or vary order 145 Variation of order against near relative of child 146 Effect of suspension order 147 Plural births 148 Power of court to revive suspended order Division 6—Procedural 149 Complaints 150 Complaints in affiliation cases 151 Orders may direct mode of payment 152 Non-appearance of defendant 153 Court may set aside order made in the absence of the defendant 154 Court may require defendant to state his or her employer etc Division 7—Enforcement of orders and supplementary provisions Subdivision 1—Attachment of property, caveats, warrants, disobedience of orders etc 155 Attachment of property of persons against whom order is sought 156 Order for delivery of attached property 157 Attachment may be pleaded 158 Liability of persons contravening order 159 Collection by police of money due to Chief Executive 160 Caveats 161 Warrant to enforce payments under orders 162 Registration of warrant and effect thereof 163 Sale under warrant 164 Assurances to purchaser 165 Issue of warrant without previous demand 166 Effect of payment under warrant 167 Application of money received under warrant 168 Bond or security for compliance with maintenance order 169 Power to commit for failure to pay maintenance 170 Warrant may be issued upon complaint enforcing maintenance order 172 Disobedience of order and quitting State 173 Leaving child under certain circumstances an offence 174 Warrant for arrest may be issued before offence committed Subdivision 2—Attachment of earnings 175 Interpretation 176 Application for attachment of earnings order 177 Employer to make payments under order 178 Power to make attachment of earnings order instead of other order 179 Discharge, suspension or variation of order 180 Cessation of attachment of earnings order 181 Compliance with order 182 Where two or more orders are in force 183 Notice to defendants of payments made 184 Determination as to what payments are earnings 185 Service 186 Defence to prosecution under this Subdivision 187 Dismissing an employee etc by reason of the making of an attachment of earnings order 188 Application of Subdivision 189 Payments by Crown etc Subdivision 3—General 190 Provision where defendant supported wife, husband or child during any period 191 Duties of Registrar of court in relation to orders 192 Penalty for molesting child contrary to interstate custody order 194 Compellability of defendant as witness at hearing of complaint for non‑compliance 195 Proof of payment or non-payment under maintenance order Division 8—Reciprocal enforcement of orders Subdivision 1—Interpretation and administration 196 Interpretation 197 Collector of Maintenance, Deputy Collector of Maintenance and Assistant Collectors of Maintenance 198 Powers of Collector Subdivision 2—Interstate maintenance 200 Transmission of South Australian orders for enforcement in other States 201 Enforcement in this State of orders made in other Australian States 202 Collector to notify original State when defendant leaves this State 203 Application for provisional order of variation 204 Discharge, suspension or variation of order made in absence of defendant 205 Law to be applied 206 Order of variation to be provisional only 207 Procedure where provisional order remitted by court of other Australian State 208 Confirmation in this State of provisional orders made in other Australian States 209 Proceedings for enforcement Subdivision 3—Overseas maintenance 210 Transmission of maintenance orders made in this State for enforcement in reciprocating countries 211 Power to make provisional order against person resident in reciprocating country 212 Cancellation of registration 213 Registration of overseas orders 214 Confirmation of provisional orders made overseas 215 Order enforceable in this State may be sent to another Australian State 216 Registration of overseas orders registered or confirmed in another Australian State 217 Transmission of documents where defendant not in this State 218 Cancellation of registration 219 Proceedings for enforcement 220 Defendant in this State may apply for order of variation 221 Discharge, suspension or variation of order made in absence of defendant 222 Law to be applied 223 Certain orders to be provisional only 224 Procedure where provisional order remitted by court in reciprocating country 225 Confirmation in this State of provisional orders of variation made in reciprocating countries 226 Power of Governor to declare reciprocating countries Subdivision 4—General 227 Payments to be made to Collector 228 Collector to notify changes in orders enforceable in other Australian States or reciprocating countries 229 Collector to note changes in orders made or enforceable in South Australia 230 Conversion of currency 231 Translation of orders and records 232 Certificate of payment of arrears 233 Evidentiary 234 Service of documents 235 Audit Part 7—Provisions of general application 236A Hindering a person in execution of duty 236B Impersonating an employee of the Department 237 Exclusion of persons from the hearing of certain cases 238 Restriction on publication of reports on affiliation proceedings etc 239 Institution and conduct of proceedings 240 Evidentiary provision 242 The Chief Executive may require report 243 Ascertainment of earnings 244 Appropriation of maintenance payments 245 Evidence of spouses 246 Officer of Department not to be compelled to give certain evidence etc 247 Application of Act to persons residing outside the State 248 Continuity of order 249 Orders need not be served 251 Regulations Legislative history Appendix—Divisional penalties and expiation fees The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Family and Community Services Act 1972. 6—Interpretation (1) In this Act, unless the contrary intention appears— affiliation case means proceedings for assistance, maintenance, or preliminary expenses in which it is necessary to establish the paternity of a child born outside marriage; Chief Executive means the person for the time being holding, or acting in, the office of Chief Executive of the Department; child means a person who has not attained the age of 18 years; child born outside marriage includes a child born to a married woman of which a man other than her lawful spouse is the father; complainant means a person by, or on whose behalf, or for whose benefit, a complaint is laid under this Act; Department means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act; guardian, in relation to a child, means a parent of the child and any person (other than the Minister or the Chief Executive) who is the legal guardian of the child; Magistrates Court means the Magistrates Court of South Australia; maintenance includes the cost of clothing, support, training and education; maintenance order means an order of a court (made before or after the commencement of this Act either in this State or elsewhere) whereby a person is ordered to pay money in a lump sum, or by instalment or periodic payment for or towards the maintenance of another person, or by way of recoupment of money expended in, or provided for, the maintenance of another person and includes any order for the payment of money under Part 6; near relative in relation to a child means a parent or step-parent of the child; parent includes a person who has— (a) adopted a child in accordance with the law of this State, or the law of another State or Territory of the Commonwealth; or (b) adopted a child in accordance with the law of any other country or State, if the adoption is recognised under the law of this State; preliminary expenses in respect of the confinement of a woman, means the cost of the maintenance of the woman during the period of three months immediately preceding the confinement, the reasonable medical, surgical, hospital and nursing expenses attendant upon the confinement, and the cost of the maintenance of the woman and the child or children born to the woman for three months after the birth of the child or children; relative in relation to a child, means a step-parent, brother, sister, uncle, aunt, grandfather or grandmother of the child; step-parent in relation to a child means a person (not being a parent of the child)— (a) who— (i) is married to a parent of the child; or (ii) was married to a deceased parent of the child at the date of death of the parent; and (b) who at any time during that marriage accepted the child as a member of a household formed with the parent; woman means any female person. (2) For the purposes of this Act, where a marriage exists between 2 persons, whether the marriage is monogamous or polygamous, the persons will, if the marriage is lawful and valid in the place in which it was solemnised, be regarded as spouses. (3) A person will not be recognised under this Act as the father of a child born outside marriage unless— (a) he is so recognised under the Family Relationships Act 1975; or (b) he is adjudged in proceedings under this Act to be the father of the child. (4) Any references in this Act to an order are to be read and construed, where the order has been varied under this Act or any other Act, by a subsequent order having effect in this State, as a reference to the order as so varied. (5) A reference in any other Act or statutory instrument to the Director‑General of Community Welfare will be taken to be a reference to the Chief Executive. Editorial Note— For definition of divisional penalties (and divisional expiation fees) see Appendix. Part 2—The promotion of family and community welfare Division 1—Administration 8—Delegation (1) The Minister may, from time to time, by instrument in writing, delegate to the Chief Executive such of the Minister's powers, duties, responsibilities and functions under this Act or any other Act as the Minister thinks fit, and may at any time revoke any such delegation. (2) The Chief Executive may delegate to an employee of the Department or, with the approval of the Minister, to any other suitable person, any of the powers, duties, responsibilities or functions vested in, or delegated to, the Chief Executive under this Act or any other Act. (3) A delegation under this section is revocable at will, and does not prevent the exercise or performance of any power, duty, responsibility or function by the Minister or Chief Executive. Division 2—Objectives and powers of the Minister and the Department 10—Objectives of the Minister and the Department (1) The objectives of the Minister and the Department under this Act are— (a) to promote the welfare of the community generally and of individuals, families and groups within the community; and (b) to promote the dignity of the individual and the welfare of the family as the bases of the welfare of the community, in the following manner: (c) by providing, assisting in the provision of or promoting services designed to assist individuals or groups to overcome the personal or social problems with which they are confronted; (d) by providing, assisting in the provision of or promoting services designed to reduce the incidence of disruption of family relationships, to mitigate the adverse effects of such disruption, to support and assist families under stress and to enhance the quality of family life; (e) by providing, assisting in the provision of or promoting services designed to assist migrants, members of ethnic communities, aboriginals, children, youth, aged persons, unemployed persons, women, mentally or physically handicapped persons, single parents, persons who live in isolated areas or any other section of the community to overcome the disadvantages suffered by them, and to participate to the greatest possible extent in the life of the community; (f) by providing individuals or families in need or distress with assistance by way of grants or loans of money or commodities, accommodation, financial counselling or any other form of assistance; (g) by providing, assisting in the provision of or promoting services designed to assist people to enrich their lives, or to develop their personalities and capabilities; (h) by encouraging or assisting in the provision of welfare services by volunteers and non-government groups or organisations; (i) by encouraging or assisting any section of the community to develop its own welfare services; (j) by providing, or assisting in the provision of, training or instruction for persons working, or proposing to work, in the field of welfare services; (k) by keeping the public informed as to all the welfare services, whether government or non-government, that are available and how they may be obtained; (l) by promoting a better understanding throughout the community of the problems or disadvantages faced by various sections of the community; (m) by instituting, assisting in or promoting research in the field of welfare services; (n) by collecting, or assisting in the collection of, data and statistics in relation to the problems and disadvantages faced by the various sections of the community, and to the provision of family and community services; (o) by promoting the co-ordination of all family and community services, whether government or non-government, and the efficient use of resources for the provision of those services; (p) by collaborating and consulting with other government departments of this State, with non-government organisations that provide, or support or promote the provision of, family and community services, and with those government departments of the Commonwealth and the other States and Territories of the Commonwealth that are involved in the provision of family and community services; (q) by keeping the services provided by the Department and the policies of the Department under constant review and evaluation; (r) by doing such other things as may be necessary or desirable for the purposes of achieving those objectives. (2) The Minister and the Department, in providing any service, must endeavour to preserve and foster the dignity, self-respect and independence of the persons to whom the service is being provided. (3) The Minister and the Department, in providing any service, must not discriminate against or in favour of any person on the ground of sex, marital status, mental or physical impairment, religion, race or nationality, except so far as it is necessary to do so for the purpose of assisting a person to overcome any social or other disadvantage arising out of his or her sex, marital status, mental or physical impairment, religion, race or nationality. (4) The Minister and the Department must, in administering this Act, take into consideration the different traditions, cultural values and religious beliefs of ethnic or racial groups within the community. (5) The Minister, for the purpose of giving effect to the provisions and objects of this Act, may— (a) employ the resources of the Department in such manner as the Minister thinks fit; and (b) establish any facility; and (c) acquire land in accordance with the provisions of the Land Acquisition Act 1969; and (d) perform any other action that may be necessary or expedient for that purpose. Division 4—Community aides 16—Appointment of community aides (1) The Chief Executive Officer may appoint such persons as he or she thinks fit to act in a voluntary capacity as community aides. (2) Subject to subsection (3), a community aide will be appointed upon such terms and conditions as the Chief Executive Officer thinks fit and specifies in the instrument of appointment. (3) The term of office for which a person may be appointed as a community aide must not exceed one year in respect of his or her first term of office, and two years in respect of subsequent terms of office. (4) Upon the expiration of a term of office, a community aide is eligible for re‑appointment. (5) The Chief Executive Officer may, at any time, by instrument in writing addressed to a person appointed as a community aide under this section, remove the person from the office of community aide. 17—Duties and functions A community aide has the following duties and functions: (a) to act subject to the direction and supervision of an employee of the Department in the establishment and furtherance of programmes designed to promote any aspect of family or community welfare; and (b) any other duties and functions that the Chief Executive Officer may determine to be appropriate to a community aide. 18—Allowances in respect of expenses The Chief Executive Officer may, with the approval of the Minister, pay to a community aide such allowances to reimburse the community aide for expenses incurred or to be incurred in the course of his or her duties as the Chief Executive Officer thinks fit. 19—Training of community aides The Chief Executive Officer will arrange for a community aide to receive such orientation, education, training, support and supervision as the Chief Executive Officer thinks fit. 20—Register (1) The Chief Executive Officer must cause a register of community aides to be kept. (2) The name of any person who has ceased to be a community aide by reason of expiration of a term of office, resignation or removal from office, or any other reason, must be removed from the register. Part 3—The provision of family and community services Division 1—Provision of local services 22—Provision of services from family and community services centres and other places (1) The Minister must endeavour, as far as is practicable, to make the services provided by the Department available to members of the public within the localities in which they live, and at, or near to places where people congregate, whether for the purposes of employment, recreation, education, medical treatment or any other purpose. (2) A family and community services centre established by the Minister may be used, with the Minister's approval, by any other department, person or agency for the furtherance of the welfare of the local community. Division 2—Special welfare funds 23—Special funds (1) The following funds will be maintained by the Minister: (a) a fund for the Family and Community Development Programme; and (b) a fund for the Early Intervention and Substitute Care Programme. (2) Each fund will consist of such money as is, from time to time, provided by Parliament for the purpose of the fund and the money appropriated to the fund by the Minister from any other source. (3) The Minister may apply any portion of the Family and Community Development Programme fund towards the costs incurred, or to be incurred, by any person or group of persons in establishing, operating, maintaining, supporting, promoting or extending any service, project or facility that will advance the welfare of children, youth or any other section of the community. (4) The Minister may apply any portion of the Early Intervention and Substitute Care Programme fund towards the costs incurred by any person or group of persons in establishing, operating, maintaining, supporting, promoting or extending— (a) a residential care facility for children; or (b) an out of home care service for children and young people (within the meaning of the Children and Young People (Safety) Act 2017); or (c) a service, project or facility designed for the purposes of reducing the occurrence, or mitigating the adverse effects, of the placement of children in out of home care (within the meaning of the Children and Young People (Safety) Act 2017). (5) An application for the allocation of money under this section must be made to the Minister in a manner and form approved by the Minister. (6) The Minister may allocate money under this section on such conditions as the Minister thinks fit. Division 3—Contracts for services 24—The Minister may enter into agreements for services (1) The Minister may enter into agreements for the provision or promotion of family or community welfare services or other related services. (2) Subject to subsection (3), the Minister may enter into such an agreement with— (a) a person or group of persons with appropriate experience, qualifications or expertise in the provision or promotion of the relevant services; or (b) an organisation, established for the purpose of providing or promoting family or community welfare services, or other related services, that employs staff with appropriate experience, qualifications or expertise in the provision or promotion of the relevant services; or (c) a local government authority. (3) The Minister should avoid, so far as practicable, entering into agreements providing for long-term care of persons in need of such care unless satisfied that the other parties to the agreement do not enter into those agreements with the object of making a profit. Part 4—Support services for children Division 2—Services and facilities for children Subdivision 2—Establishment of certain facilities and programmes for children 36—Establishment of facilities and programmes for children (1) The Minister will establish— (b) such residential care facilities and other facilities and programmes as the Minister thinks necessary or desirable for children who are in need of care and protection; and (c) such other facilities or programmes for the care, support, assistance or welfare of children as the Minister thinks fit. (2) A residential care facility or other facility established under this section will be under the control of the Minister, and the Chief Executive must ensure that proper standards of administration are observed in the management of every such facility. (3) All members of Parliament, judges and any other person authorised in writing by the Minister are entitled to visit a residential care facility or other facility established under this section. Part 6—Maintenance obligation Division 1—Maintenance orders Subdivision 1—Orders with respect to children 98—Liability of near relatives for maintenance of child (1) The near relatives of any child (including a child under the guardianship of the Minister or the Chief Executive under the Children and Young People (Safety) Act 2017) are liable to pay for, or contribute towards, the cost of maintenance of the child according to their respective financial capacities. (2) The parents of a child are primarily liable under subsection (1) to pay for the maintenance of the child and any step-parent of the child is liable to pay for, or contribute towards, its maintenance only in the event of the death, disappearance (reasonable inquiries having been made) or financial incapacity of the parents or any combination of those circumstances applying in relation to the parents. 99—Issue of summons for maintenance (1) Upon complaint that any person is a near relative of a child, and is able to pay for or contribute towards the maintenance or past maintenance of the child, any justice may summon that person to appear before the Magistrates Court, at a time and place to be specified in the summons, to show cause why the person should not pay for or contribute towards, the past or future maintenance of the child. (2) A complaint under this section in respect of a child under the guardianship of the Minister or the Chief Executive under the Children and Young People (Safety) Act 2017 will be made by the Minister. (3) A justice may, instead of issuing a summons, issue a warrant for the apprehension of any person against whom a complaint has been made under this section, and for the person's detention until the hearing of the complaint, unless that person enters into a bond with or without guarantors, in such sum or sums as the justice directs, conditioned upon the person's appearance at the hearing of the complaint. 100—Order for payment of maintenance (1) At the time and place appointed for the hearing of the complaint the court may adjourn the hearing, and may summon any other persons alleged to be near relatives to appear at the time appointed for the adjourned hearing; and may, at the original or any adjourned hearing, if it is satisfied that the persons summoned, or any of them, are near relatives of the child, and are able to pay for, or contribute towards, the past or future maintenance of the child, order payment to be made by those near relatives, or one or more of them— (a) of such sum (which the court may order to be paid by instalments) for past maintenance of the child as the court considers sufficient; and (b) of such weekly or other periodical sum for the future maintenance of the child, and for such period, as the court considers sufficient. (2) If an order is made against two or more near relatives, the sums or proportions payable by each will be fixed by the court. (3) Notwithstanding any provision in any other Act to the contrary, an order for the payment of money for past maintenance under this section is not limited to payment of money for maintenance in respect of the period of six months prior to the making of the complaint, but may also relate to the payment of money for maintenance in respect of any prior period. 101—Complaints in respect of maintenance of two or more children (1) Where a person is a near relative of two or more children, a complaint under this Division may be made against that person in relation to the maintenance of all or any of the children; and the court may, upon that complaint, make orders in accordance with this Division for the payment of money for the maintenance of all or any of the children. (2) A separate order must be made in respect of each child for whose maintenance a payment is ordered. (3) A complaint under this Division may be made against any number of persons alleged to be liable for the maintenance of the same children. Subdivision 2—Orders etc in affiliation cases 102—Court may adjudge defendant to be father of child in affiliation cases Upon the hearing of an affiliation case, the court may, if satisfied upon the evidence that the defendant is the father of the child, adjudge him to be the father of the child. 103—Warrant may issue in lieu of summons Upon complaint made in an affiliation case, a justice may, instead of issuing a summons issue a warrant for the apprehension of any person against whom a complaint has been made under this subdivision, and for his detention until the hearing of the complaint unless that person enters into a bond, with or without guarantors, in such sums as the justice directs, conditioned upon his appearance at the hearing of the complaint. 104—Order for payment of preliminary expenses (1) Where the Magistrates Court, upon complaint made by or on behalf of a woman, is satisfied— (a) that she is pregnant by the defendant (not being her spouse) or has been delivered of a child or a stillborn child of whom the defendant (not being her spouse) is the father; and (b) that he has not made adequate provision for the payment of the preliminary expenses in respect of the confinement, the court may order the defendant to pay to the Chief Executive such amount as it thinks reasonable for or towards those preliminary expenses. (2) A complaint under this section may be made at any time during the pregnancy of the woman, or within two years after the birth of the child, but the court must not make an order under this section before the birth of the child unless it is satisfied by the evidence, or by the certificate, of a legally qualified medical practitioner that the woman is pregnant. (3) The court must not receive in evidence the certificate of a legally qualified medical practitioner unless the defendant consents to the admission of that certificate. (4) The adoption of a child does not prevent the court from making an order for preliminary expenses under this section nor does it affect the validity or operation of any order for preliminary expenses in respect of the child. 105—Where order made during pregnancy (1) Where an order is made for payment of, or contribution towards, preliminary expenses during the pregnancy of the woman, the order must— (a) specify a date on which the order will cease to have effect if the woman has not then been delivered of a child; and (b) direct that all money payable for preliminary expenses must be paid to the Chief Executive. (2) Where— (a) the woman is not delivered of a child before the date specified in the order; or (b) the woman is delivered of a stillborn child before the date so specified, and there is no other surviving child born to the woman during the same confinement, the order ceases to have effect on the date specified in the order, or at the end of the third month after the delivery of the stillborn child, as the case may require. (3) Where an order ceases to have effect on a date specified in it pursuant to the provisions of subsection (1), any money paid under the order and not disbursed must be repaid to the defendant. (4) Where an order ceases to have effect at the end of the third month after the delivery of a stillborn child any money paid under the order and not disbursed must, as directed by the court— (a) be paid to the woman; or (b) be repaid to the defendant; or (c) be divided between the woman and the defendant in such proportions as the court thinks fit. (5) Where an order is made for payment of, or contribution towards, preliminary expenses during the pregnancy of a woman, the court may, at any time while the order is in force, give such directions in writing as it thinks proper with respect to the disbursement of any amounts paid under the order, but not so as to direct the disbursement, before the woman is delivered of a child or a stillborn child, of amounts that exceed in aggregate one-half of the amount to be paid under the order. 106—Order may be made, without complaint, in proceedings against father Notwithstanding any other provision of this Act, an order for preliminary expenses may be made by the Magistrates Court, without a separate complaint having been made, in any proceedings against the father for the maintenance of the child and the order may be made separately, or may be included in any other order against the father. 107—Power of court to make order for future maintenance of child upon complaint for preliminary expenses (1) Where an order for payment of, or contribution towards, preliminary expenses is made before the birth of the child to which it relates and it appears desirable to the court to provide the child with adequate means of support, the court may order the father to pay such amount as it thinks reasonable for or towards the maintenance of the child from the expiration of three months after its birth. (2) An order made under subsection (1) is not enforceable under this Act and has no force or effect unless a certified copy of the registration of the birth of the child is produced to the court. (3) An order made under subsection (1) does not take effect if the child to whom it relates is stillborn, or dies, or is adopted before the order would otherwise take effect. (4) An order under subsection (1) must not be made requiring a person to make payments for or towards the maintenance of a child unless— (a) the person has consented to the making of the order; or (b) the person has been given notice of the complainant's intention to apply for the order. (5) Where a certified copy of the registration of the birth of the child in relation to whom an order has been made under subsection (1) is produced to the court, a Registrar must send by post to the defendant at his usual or last-known place of residence or business notice in writing of the name of the child (if shown in the certified copy of the registration of the birth of the child) and of the date and place of birth of the child and the date on which and the place at which the first payment under the order is required to be made. 108—Compellability of defendant as witness in affiliation cases (1) On the hearing of any affiliation case, the defendant is compellable to give evidence, and may be summoned as a witness for that purpose. (2) The defendant is not excused from giving evidence relevant to the matter of the complaint on the ground that the evidence might prove or tend to prove him guilty of the matter alleged against him. 109—Liability for contribution toward preliminary expenses and maintenance (1) If on the hearing of any complaint in respect of any affiliation case it is proved to the satisfaction of the court that the defendant, or any other male person over the age, or apparently over the age, of 18 years had sexual intercourse with the mother of the child at any time so that, in the opinion of the court, the defendant or other male person may possibly be the father of the child, the court may, upon the hearing (and, in the case of a male person other than the defendant, without the necessity of any complaint against that person) make an order against the defendant or other male person for contribution towards the preliminary expenses in respect of the mother's confinement and also, if the court thinks fit, towards the maintenance of the child. (2) No order may be made under subsection (1) unless the male person has been given the opportunity of being heard by the court in respect of the making of the order. (3) An order or orders may be made under subsection (1) against any number of male persons as provided in that subsection. (4) An order made pursuant to this section may be enforced and all further proceedings in relation to the order may be taken as if it were an order made against a near relative of the child for the payment of money for the maintenance of the child. (5) In every case where a complaint is made to the court for the making of an order under this section and the complaint is dismissed by the court, a memorandum of dismissal must then be made by the court. (6) The court will not make an order under this section if it is satisfied that at the time of the conception of the child, the mother was a common prostitute. 110—Power to lay complaint for support of child born outside marriage against one or more persons (1) A complaint may be made under this Act by the Minister against one or more male persons over the age of 18 years at the time of the making of the complaint alleging that the male person or persons have had sexual intercourse with the mother of a child born outside marriage at a time or times such that the male person or any one of the male persons may possibly be the father of the child. (2) Upon complaint under this section, any justice may summon the male person or persons or any of them to appear before the Magistrates Court, at a time and place to be specified in the summons, to show cause why he or they should not contribute towards or pay for the past or future maintenance of the child and the preliminary expenses in respect of the confinement of the mother. (3) A justice may, instead of issuing a summons, issue a warrant for the apprehension of any person against whom a complaint has been made under this section and for his detention until the hearing of the complaint, unless that person enters into a bond with or without guarantors, in such sums as the justice directs, conditioned upon his appearance at the hearing of the complaint. (4) At the hearing of the complaint, if the court is satisfied that any one or more of the male persons had sexual intercourse with the mother of the child at a time such that he or any of them may possibly be the father of the child, the court may make an order against him or them for contribution towards the maintenance of the child and also, if the court thinks fit, towards the preliminary expenses in respect of the confinement of the mother. (5) An order made pursuant to this section may be enforced and all further proceedings in relation to the order may be taken as if it were an order made against a near relative of the child for the payment of money for the maintenance of the child. (6) In any proceedings under this section, an allegation in the complaint that any specified person was at the time of the making of the complaint over the age of 18 years will be taken to be proved in the absence of proof to the contrary. 111—Power of Chief Executive to accept settlement in full (1) Where a person is liable or, without a complaint being made against him under this Act, admits liability to pay for or contribute towards the preliminary expenses in respect of the confinement of the mother of a child born outside marriage or the maintenance of the child, the Chief Executive may, with the approval of the Minister, accept from that person a sum of money in full settlement of all such liability. (2) On payment of that sum no proceedings may be commenced or proceeded with by or on behalf of the mother or any other person in respect of the liability or expenses. (3) Where the Chief Executive accepts a sum of money in settlement of liability under this section, that sum will be retained by the Chief Executive and applied at his or her discretion for the maintenance of the child or for the preliminary expenses in respect of the confinement, or both. 112—Provision for blood tests (2) In this section— blood test means a test for the purpose of ascertaining the inheritable characteristics of blood. (3) The Magistrates Court may, at the request of the complainant or the defendant in an affiliation case, direct that the child in respect of whom the complaint was made, the mother of the child (if the mother is alive) and the defendant submit to blood tests. (4) A direction must not be given unless the child is at least six months old. (5) In any such direction, the court must nominate a medical practitioner or an analyst to take such blood samples as may be necessary for the purpose of the blood tests, and to make the tests, and must also fix a period within which the child, the mother and the defendant, or the child and the defendant, as the case may be, are to attend upon the medical practitioner or analyst so nominated to enable the samples to be taken. (6) Any period so fixed may be extended by the court from time to time as the court thinks fit. (7) The medical practitioner or analyst so nominated must be a person whose name is on a panel of names prepared by the Minister and published in the Gazette. (8) Subject to subsection (10), the fees of the medical practitioner or the analyst nominated in the direction and the costs and expenses in connection with the blood tests will, in the first instance, be paid by the Minister. (9) Where a direction has been given by the court pursuant to this section— (a) the proceedings in connection with the affiliation case must be stayed until the expiration of the period or extended period fixed under subsection (5) or (6); and (b) if the mother and child referred to in the direction do not, or either of them does not, or, where the mother is dead, the child referred to in the direction does not within that period or extended period, attend upon the medical practitioner or analyst nominated in the direction and permit the necessary blood samples to be taken for the purposes of the blood tests, the complaint, if made by or on behalf of the mother, must be dismissed, but otherwise must be set down for hearing; and (c) if the defendant does not within that period or extended period attend upon the medical practitioner or analyst so nominated and permit the necessary blood samples to be taken for the purposes of the blood tests, the complaint must be set down for hearing. (9a) Where a direction has been given by the court pursuant to this section and the defendant refuses or without reasonable excuse fails to attend within the period or extended period fixed under subsection (5) or (6) upon the medical practitioner or analyst nominated in the direction and to permit the necessary blood samples to be taken for the purposes of the blood tests, the court may draw such inferences from that refusal or failure as it thinks fit. (10) If, at the hearing, the court is satisfied that the facts alleged against the defendant are proved, the defendant must reimburse the Minister to the extent of all money paid by the Minister under subsection (8) in connection with the blood tests referred to in the direction, including the amount of the fees so paid to the medical practitioner or the analyst, and that amount may be recovered by the Minister by complaint to the Magistrates Court as a debt due to the Minister by the defendant. (11) The medical practitioner or analyst nominated in the direction must, within such period as may be prescribed, carry out the blood tests and embody the results of the tests in a certificate in the prescribed form signed by the practitioner or analyst. (12) The medical practitioner or analyst must forward the certificate to the court and a Registrar of the court must, within seven days of the receipt of the certificate, furnish a copy of it to the complainant and to the defendant. (13) The certificate is admissible as evidence in any proceedings under this Part and is evidence of the facts and conclusions stated in it, but the court must on the application of the complainant or the defendant, or may on its own initiative, order the medical practitioner or the analyst to attend as a witness in the proceedings to be examined on such issues relating to the blood test and in such manner as the court thinks necessary and proper in the interests of justice. Subdivision 3—Orders for payment of medical and hospital expenses in connection with lawful termination of pregnancy 113—Orders re payment of medical expenses etc where pregnancy terminated (1) Where the Magistrates Court is satisfied on complaint made by or on behalf of a female person— (a) that the complainant has been pregnant but her pregnancy has been lawfully terminated otherwise than by the birth of a child; and (b) that the defendant has had sexual intercourse with the complainant at such a time that the act of intercourse may have resulted in the pregnancy of the complainant, the court may order the defendant to pay such amount as it considers reasonable for or towards the medical and hospital expenses incurred by the complainant in connection with the termination of the pregnancy. (2) The court must not make an order under this section if it is satisfied that at the time of the act of sexual intercourse, the complainant was a common prostitute. Subdivision 4—Orders for medical and other expenses 117—Order for payment of medical and like expenses (1) Where the Magistrates Court, upon application made by or on behalf of any person for whose maintenance an order is for the time being in existence, is satisfied— (a) that any medical, surgical, psychiatric, dental, hospital or nursing care or treatment by way of physiotherapy or chiropractic is or was reasonably required in respect of that person; and (b) that the financial position of that person is and has been such as to preclude the person from making provision for or towards the cost of that care or treatment; and (c) that the person against whom the order was made has not made adequate provision for or towards that cost and it is just and equitable in all the circumstances of the case that he or she pay, or contribute towards, that cost, the court may order the person against whom the order was made to pay to the applicant or to the Chief Executive for or towards that cost such amount as it thinks reasonable. (2) For the purposes of subsection (1)— medical care includes— (a) the supply of medicines, skiagrams, artificial limbs, eyes or teeth, crutches, splints, spectacles and other medical and surgical aids and curative appliances or apparatus including necessary renewals or replacements of them; and (b) transport by a vehicle to a hospital or other place for medical examination or medical treatment and where necessary, transport from the hospital or place on the return journey. (3) For the purposes of this section, but without limiting the generality of its application— (a) a child under the age of three months in respect of whose birth an order for the payment of preliminary expenses has been made under this Act and is in existence; and (b) a person in respect of whom an order for the payment of a merely nominal amount is in existence, will be taken to be persons for whose maintenance an order is in existence. (4) Where an order is made under this section for the payment of money for or towards the cost of any care or treatment referred to in subsection (1), the court may, at any time, give such directions in writing as the court thinks proper for the disbursement of the amount ordered to be paid but so that no money is disbursed before the care or treatment to which the payment relates has been rendered. Division 3—Jurisdiction and powers of Magistrates Court 130—General jurisdiction of courts of summary jurisdiction in respect of orders under this Part (1) Subject to this Act, but without limiting the jurisdiction of any court, the Magistrates Court has jurisdiction to hear and determine any complaint and to make and to discharge, suspend or vary any order of a kind provided for in this Part. (2) Subject to this Act, the court has jurisdiction to make an order under this Part by reason of facts and circumstances, whether or not those facts or circumstances, or some of them, took place before the commencement of this Act or outside this State— (a) if the person against whom the order is sought is resident in this State; or (b) if the person for whose benefit the order is sought is resident in this State. (3) Nothing in this Act limits or affects the operation of any provision of any other Act by which any person is or may be required to make contribution to, or payment on account of, the maintenance or support of any other person. 131—Orders directing payment of nominal sum only (1) Where, upon the hearing of a complaint under Division 1 upon which an order for maintenance may be made, the Magistrates Court is satisfied that it would make an order for the maintenance of the complainant but for the fact that the defendant is not presently able to contribute to the support of that person, the court may nevertheless make an order setting out its findings on the complaint and directing the payment by the defendant of a merely nominal amount in respect of that person. (2) Proceedings cannot be taken under this Act to enforce payment of the nominal amount directed to be paid by an order where the sum due under the order is less than ten dollars but, if that amount is varied under any provision of this Part, proceedings may be taken to enforce payment of any amount payable under the order as varied. 133—Interim orders for payment of maintenance (1) Where the hearing of a complaint under Division 1 is adjourned for a period of not less than seven days the court may order the defendant to pay for or towards the maintenance of the person to whom the complaint relates such amount as it thinks reasonable. (2) An order under this section is not subject to suspension, variation or appeal and remains in force until the expiration of a period of three months from the date on which the order is made or until the complaint again comes before the court (whichever first occurs). Division 4—Provisions relating to the commencement and duration of orders and to evidentiary matters Subdivision 1—Commencement and duration of orders 134—Orders for maintenance of children etc Except as otherwise provided in this Division— (a) an order cannot be made under this Part in respect of a child who has attained the age of 18 years; and (b) except where arrears are due under the order and to the extent of those arrears, an order for the maintenance of a child ceases to have effect when the child attains the age of 18 years, marries, dies or is adopted or the person against whom the order was made dies, whichever first occurs. 135—Maintenance after child's eighteenth year (1) Upon complaint or application to the Magistrates Court made by or on behalf of a child (including a child who has attained the age of 18 years), if the court is satisfied that it is necessary to make an order under this section— (a) for the purposes of enabling the child to undertake or complete a course of education or training that will fit the child for a profession, trade or occupation in which to earn a livelihood; or (b) if the child is unable to earn a livelihood by reason of physical or mental incapacity—for the purposes of maintaining him or her, the court may make an order against a near relative for maintenance in respect of the child that will be in force, or vary an existing order for maintenance in respect of the child so that it will be in force, for an amount specified in the order and for a period specified in the order that commences after or continues beyond the date at which the child attained or will attain the age of 18 years. (2) This section does not apply— (a) in respect of a course of education or training commenced after a child attains the age of 21 years; or (b) in respect of any physical or mental incapacity occurring after a child attains the age of 18 years. (4) The amount specified in an order under this section may include such allowance for or towards the expenses incurred or to be incurred in undertaking or completing a course of education or training as the court thinks proper. 136—Orders for support of wife, husband or child may include provision for past maintenance Unless otherwise provided by this Act an order under this Part for the maintenance of a person may, whether or not an application for that purpose has been made, be made to take effect from a past date not being earlier than a date that the court thinks reasonable, and where an order takes effect from a past date the court may direct the past maintenance to be paid in one sum or by such instalments as the court directs. 138—Recovery of arrears after cessation of order (1) The fact that an order under this Act for the maintenance of a person ceases to have effect by virtue of this Act does not prevent the enforcement of the order or the recovery of any money due under the order, so far as it relates to any period, or to past maintenance of a person during any period, before it ceased to have effect. (2) Subsection (1) does not apply where the order ceased to have effect by reason of the death of the defendant. Subdivision 2—Evidentiary provisions 140—Evidence of mother as to paternity of child born outside marriage etc not to be accepted without corroboration except in certain cases Upon the hearing of a complaint under this Part with respect to a child born outside marriage the evidence of a woman that the defendant (not being her spouse) is the father of her child or that she is pregnant by the defendant (not being her spouse) must not be accepted without corroboration in a material particular except in the following cases: (a) where the defendant is present in court during the hearing of the complaint and does not give evidence on oath denying that he is the father of the child or that the woman is pregnant by him; (b) where the defendant is not present in court during the hearing of the complaint and the court is satisfied that he was duly served personally with a summons to attend the court; (c) where a direction has been given by the court pursuant to section 112 and the defendant refuses or without reasonable excuse fails to attend within the period or extended period fixed under that section upon the medical practitioner or analyst nominated in the direction and to permit the necessary blood samples to be taken for the purposes of the blood tests directed by the court, and in any of those cases the court may, subject to this Act, in its discretion accept the uncorroborated evidence of the woman as sufficient evidence of the fact that the defendant is the father of the child or that she is pregnant by him. 141—Proof of marriage Subject to section 142, upon the hearing of a complaint under this Part by one party to a marriage against the other party to the marriage, the person making the complaint must— (a) produce direct evidence of the marriage with the person against whom the complaint is made; or (b) give evidence on oath of the time, place and circumstances of the marriage. 142—Evidentiary provision Upon the hearing of any complaint made by the Minister, an allegation in the complaint— (a) that the person complained against is a near relative of a child and liable to maintain the child; or (b) that the person complained against is able to contribute to the maintenance of the child; or (c) that any sum has been expended upon, or is due or owing for, or in respect of, the maintenance of a child; or (e) that a child is under the guardianship of the Minister pursuant to any Act; or (f) that a child is under the guardianship of the Chief Executive under the Children and Young People (Safety) Act 2017 pursuant to an order under that or any other Act, will be taken to be proved in the absence of proof to the contrary. Division 5—Provisions relating to the discharge, suspension, variation and revival of orders 143—Application of Division This Division applies and has effect subject to any other provision of this Act relating to the discharge, suspension or variation of any order made under this Part. 144—General power to discharge, suspend or vary order (1) Upon application made by the Minister or by or on behalf of a person in whose favour or against whom an order (including an order as varied) has been made or is taken to have been made (being an order of a kind provided for in this Part), the Magistrates Court may, subject to this Division, at any time make an order discharging the order, suspending the order in whole or in part until a specified day or until further order, or varying the order. (3) An order must not be discharged, suspended or varied under this Division unless the court is satisfied— (a) that the order or, if the order has been varied, the original order or any order varying the original order was obtained by fraud or upon the basis of the existence of a marriage that did not in fact exist; or (b) that the means of the person for whose benefit the order was made or the means and ability to pay of the person against whom the order was made have so altered as to justify the discharge, suspension or variation of the order; or (c) that new facts or circumstances have arisen that have not previously been disclosed to a court in any proceedings in connection with the order and that by reason of those facts or circumstances it is reasonable to discharge, vary or suspend the order; or (d) that facts or circumstances were in existence at the time of the making of the order or, if the order has been varied, the original order or any order varying the original order, that have not previously been disclosed to a court in any proceedings in connection with the order and that were not and could not by the exercise of reasonable diligence have previously been known to the party by whom or on whose behalf the discharge, suspension or variation of the order is presently sought and that by reason of those facts or circumstances it is reasonable to discharge, vary or suspend the order. (4) An order provided for under this Part that is in force may be discharged or varied from any past or future day or may be suspended from any past or future day or in respect of any past or future period. (5) An order that has ceased to have effect may be discharged or varied from any past day or may be suspended from any past day or in respect of any past period. (6) The fact that the defendant is in default in complying with an order does not preclude the discharge, suspension or variation of that order. 145—Variation of order against near relative of child (1) Any justice, on the complaint of a near relative liable upon an order for the maintenance of a child made under this Part, may summon all or any of the persons alleged in the complaint to be near relatives of the child to appear before the Magistrates Court at a time and place to be appointed in the summons, and must give notice of the summons to the Chief Executive. (2) At the time and place so appointed, or at any adjourned hearing of the complaint, the court may make further inquiry as to the relationship to the child of the complainant and the persons summoned and as to their respective financial capacity to maintain or contribute to the maintenance of the child, and may make such order as appears just— (a) increasing, reducing, or varying the periodical sum to be paid by the complainant; or (b) suspending for a specified time, or annulling, the previous order; or (c) directing that the persons so summoned, or any one or more of them, must pay for or contribute towards the maintenance of the child, or may make such other order not inconsistent with this Act as appears just. (3) Subsection (2) does not authorise the Magistrates Court to annul an adjudication of paternity made in affiliation proceedings. 146—Effect of suspension order (1) Where an order provided for under this Part is suspended until a specified day, the order, unless earlier revived pursuant to this Division, will without any further or other order revive and again take effect upon the specified day. (2) Where an order is suspended until further order, it does not again take effect unless and until an order reviving it is made under this Division. (3) Subject to subsection (4), the fact that an order provided for under this Part is suspended does not prevent the enforcement of the order so far as it relates to any period before the day as from which the suspension took or takes effect. (4) Where an order provided for under this Part is suspended, the court may order that the whole or any part of any money owing under the order as at the day from which the suspension took or takes effect is not recoverable under this Act during the period of the suspension. 147—Plural births Where an order under this Part for the maintenance of a child is made before the birth of the child and two or more children are born, an application may be made under this Part for variation of the order to provide for the maintenance of the additional child or children. 148—Power of court to revive suspended order (1) Where an order under this Part has been made and has been suspended under this Division until a specified day or until further order, the Magistrates Court may, upon application made by or on behalf of the Minister or any person for whose benefit the order was made, make an order reviving the suspended order in whole or in part, with or without variation, as the court thinks fit. (3) A suspended order may be revived from any past day or any future day (not being a day subsequent to the expiration of the period of the suspension) specified in the reviving order and will from that day have and (where necessary) be taken to have effect accordingly. (4) Where the court revives an order from a past day it may direct that payment in respect of any period before the date of the reviving order be made in one sum or by such instalments as the court specifies in the reviving order. Division 6—Procedural 149—Complaints (1) Where a complaint is made under this Act and unless express provision is otherwise made by this Act, a justice— (a) may issue a summons addressed to the defendant commanding the defendant to attend the court upon the hearing of the complaint; or (b) if satisfied by oath that the whereabouts of the defendant is unknown to the complainant or that the defendant has moved or is about to move out of the State or to a distant part of the State, may issue a warrant for the apprehension of the defendant and for bringing the defendant before a court pursuant to this Act. (2) Two or more complaints made against a defendant by a complainant, whether on the complainant's own behalf, on behalf of other persons or both on the complainant's own behalf and on the behalf of other persons, may be joined in the one form of complaint. (3) Where two or more complaints are joined in the one form of complaint— (a) one summons or warrant may be issued in respect of those complaints; and (b) those complaints will, unless the court otherwise orders, be heard and determined by the court at the same time; and (c) the court may make one order in respect of those complaints but the order will be taken to be a separate order in respect of each of the complaints in respect of which it was made. (4) Where complaints for maintenance of a child are made against a number of different persons, the complaints may, if the court thinks fit, be heard and determined by the court at the same time. 150—Complaints in affiliation cases No complaint in an affiliation case may be made except— (a) by or on behalf of the mother of the child in relation to whom the complaint is made; or (b) by or on behalf of the child itself; or (c) by the Minister. 151—Orders may direct mode of payment Except as otherwise provided by this Act, an order made by a court under this Act for the payment of money may direct that—