Western Australia: Family Court Act 1997 (WA)

Western Australia Family Court Act 1997 Western Australia Family Court Act 1997 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Contents of this Act 1 4. References in section headings and definitions to comparable provisions of Commonwealth Acts 1 5. Terms used 1 6. Meaning of member of the family — FLA s. 4(1AB) 1 7. Meaning of relative — FLA s. 4(1AC) and (1AD) 1 7A. Meaning of major long‑term issues — FLA s. 4(1) 1 7B. Meaning of debtor subject to a personal insolvency agreement — FLA s. 5 1 8. Meaning of court 1 9A. Meaning of family violence etc. — FLA s. 4AB 1 9B. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 1 Part 2 — Family Court of Western Australia Division 1 — The Family Court 9. Family Court continued 1 10. Constitution etc. of Court 1 Division 2 — Judges 11. Appointment of judges 1 12. Seniority 1 13. Oath of office 1 14. Style and title of judges 1 15. Salaries and allowances of judges 1 16. Leave of judge 1 17. Judges may continue certain superannuation scheme 1 18. Tenure of office 1 19. Judges' Salaries and Pensions Act 1950 applies to Family Court judges 1 20. Next senior judge may act if Chief Judge unable to act, or office vacant 1 21. Acting Chief Judge 1 22. Acting judges 1 23. Effect of acting as judge 1 24. Dual appointments 1 Division 3 — Officers of the Court and staff 25. Officers of Court 1 26. Principal Registrar and registrars may be magistrates 1 27. Personal staff for judges 1 28. Other Court staff 1 29. Marshal 1 30. Functions under federal jurisdiction 1 31. Functions under non‑federal jurisdictions 1 32. Judicial notice of signatures 1 33. Delegation of powers to registrars — FCFCAA s. 98 1 33A. Engagement of consultants and other persons 1 33B. Protection of registrars 1 Division 4 — Administration of Court's family services 34. Director of Court Counselling has functions of family consultants — FCFCAA s. 278 1 34A. Director of Court Counselling may delegate powers and functions that relate to family consultants — FCFCAA s. 279 1 34B. Director of Court Counselling may give directions that relate to family services functions — FCFCAA s. 280 1 34C. Director of Court Counselling may authorise officer or staff member to act as family counsellor or family dispute resolution practitioner — FCFCAA s. 281 1 34D. Director of Court Counselling may engage persons to perform family counselling services or family dispute resolution services 1 Part 3 — Jurisdiction of courts and transfer, staying and dismissal of proceedings Division 1 — Jurisdiction of the Family Court 35. Federal jurisdiction of Court 1 36. Non‑federal jurisdictions of Court 1 37. Principles to be applied, and matters to be considered, by Court in its non‑federal jurisdiction — FLA s. 43 1 Division 2 — Jurisdiction of courts of summary jurisdiction 38. Federal jurisdiction of courts of summary jurisdiction 1 39. Non‑federal jurisdictions of courts of summary jurisdiction 1 40. Functions of officers of courts of summary jurisdiction 1 Division 3 — Jurisdiction of other courts 41. Courts making family violence orders have certain jurisdiction under this Act 1 Division 4 — Transfer, staying and dismissal of proceedings 43. Transfer of proceedings from Magistrates Court in parenting cases 1 43A. Transfer of proceedings from Magistrates Court in cases in relation to property — FLA s. 46 1 43B. Transfer of proceedings to the Court — FLA s. 46(3A) 1 44. Transfer of proceedings to another court — FLA s. 45(2) 1 45. Stay or dismissal of proceedings 1 46. Orders on transfer or staying proceedings 1 46A. Change of venue — FCFCAA s. 65 1 Part 4 — Non‑court based family services Division 1 — Family counselling 47. Term used: family counselling — FLA s. 10B 1 48. Term used: family counsellor — FLA s. 10C 1 49. Confidentiality of communications in family counselling — FLA s. 10D 1 50. Admissibility of communications in family counselling and in referrals from family counselling — FLA s. 10E 1 Division 2 — Family dispute resolution 51. Term used: family dispute resolution — FLA s. 10F 1 52. Term used: family dispute resolution practitioner — FLA s. 10G 1 53. Confidentiality of communications in family dispute resolution — FLA s. 10H 1 54. Admissibility of communications in family dispute resolution and in referrals from family dispute resolution — FLA s. 10J 1 55. Family dispute resolution practitioners must comply with regulations — FLA s. 10K 1 Division 3 — Arbitration 56. Meaning of arbitration — FLA s. 10L 1 57. Meaning of arbitrator — FLA s. 10M 1 58. Arbitrators may charge fees for their services — FLA s. 10N 1 59. Immunity of arbitrators — FLA s. 10P 1 Division 4 — Post‑separation parenting programs 59A. Admissibility of communications in post‑separation parenting programs — FLA s. 10PA 1 Part 4A — Family consultants Division 1 — About family consultants 60. Functions of family consultants — FLA s. 11A 1 61. Term used: family consultant — FLA s. 11B 1 62. Admissibility of communications with family consultants and referrals from family consultants — FLA s. 11C 1 63. Immunity of family consultants — FLA s. 11D 1 Division 2 — Courts' use of family consultants 64. Courts to consider seeking advice from family consultants — FLA s. 11E 1 65. Court may order parties to attend, or arrange for child to attend, appointments with family consultant — FLA s. 11F 1 65A. Consequences of failure to comply with order under section 65 — FLA s. 11G 1 Part 4AA — Family report writers 65AA. Family report writers — FLA s. 11H 1 65AB. Designated family reports — FLA s. 11J 1 65AC. Regulations prescribing standards and requirements for family report writers — FLA s. 11K 1 65AD. Disclosure by court to regulator — FLA s. 11L 1 65AE. Immunity of regulator — FLA s. 11M 1 Part 4B — Obligations to inform people about non‑court based family services and about court's processes and services Division 1 — Introduction 65B. Objects of this Part — FLA s. 12A 1 Division 2 — Kind of information to be provided 65C. Prescribed information about non‑court based family services and court's processes and services — FLA s. 12B 1 65D. Prescribed information about reconciliation — FLA s. 12C 1 65E. Prescribed information about Part 5 proceedings —FLA s. 12D 1 Division 3 — Who must provide information and when 65F. Obligations on legal practitioners — FLA s. 12E 1 65G. Obligations on executive manager — FLA s. 12F 1 65H. Obligations on family counsellors, family dispute resolution practitioners and arbitrators — FLA s. 12G 1 Part 4C — Court's powers in relation to court and non‑court based family services Division 1 — Introduction 65I. Objects of this Part — FLA s. 13A 1 Division 2 — Help with reconciliation 65J. Court to accommodate possible reconciliations — FLA s. 13B 1 Division 3 — Referrals to family counselling, family dispute resolution and other family services 65K. Court may refer parties to family counselling, family dispute resolution and other family services — FLA s. 13C 1 65L. Consequences of failure to comply with order under section 65K — FLA s. 13D 1 Division 4 — Court's role in relation to arbitration of disputes 65M. Court may refer Part 5A proceedings to arbitration — FLA s. 13E 1 65N. Court may make orders to facilitate arbitration of certain disputes — FLA s. 13F 1 65O. Court may determine questions of law referred by arbitrator — FLA s. 13G 1 65P. Awards made in arbitration may be registered in court — FLA s. 13H 1 65Q. Court can review registered awards — FLA s. 13J 1 65R. Court may set aside registered awards — FLA s. 13K 1 Part 5 — Children Division 1 — Introductory Subdivision 1 — Objects 66. Objects of Part — FLA s. 60B 1 Subdivision 2 — Best interests of the child: court proceedings 66A. Child's best interests paramount consideration in making parenting order — FLA s. 60CA 1 66B. Proceedings to which Subdivision applies — FLA s. 60CB 1 66C. How a court determines what is in child's best interests — FLA s. 60CC 1 66D. How views of child are expressed — FLA s. 60CD 1 66E. Children not required to express views — FLA s. 60CE 1 66F. Informing court of relevant family violence orders — FLA s. 60CF 1 66G. Court to consider risk of family violence — FLA s. 60CG 1 66HA. Informing court of care arrangements under child welfare laws — FLA s. 60CH 1 66HB. Informing court of notifications to, and investigations by, information sharing agencies — FLA s. 60CI 1 Subdivision 3A — Best interests of the child: adviser's obligations 66HC. Adviser's obligations in relation to best interests of child — FLA s. 60D 1 Subdivision 3 — Family dispute resolution 66H. Attending family dispute resolution before applying for Part 5 Order — FLA s. 60I 1 66I. Family dispute resolution not attended because of child abuse or family violence — FLA s. 60J 1 Division 2 — Parental responsibility 67. What this Division does — FLA s. 61A 1 68. Term used: parental responsibility — FLA s. 61B 1 69. Each parent has parental responsibility (subject to court orders) — FLA s. 61C 1 69A. Consultation between parents on major long‑term issues — FLA s. 61CA 1 70. Parenting orders and parental responsibility — FLA s. 61D 1 70A. Effect of parenting order that provides for joint decision‑making about major long‑term issues — FLA s. 61DAA 1 70B. No need to consult on issues that are not major long‑term issues — FLA s. 61DAB 1 71. Appointment and responsibilities of guardian 1 71A. Application to Aboriginal or Torres Strait Islander children — FLA s. 61F 1 Division 3 — Reports relating to children under 18 72. Court's obligation to inform people to whom orders under this Part apply about family counselling, family dispute resolution and other family services — FLA s. 62B 1 73. Reports by family consultants — FLA s. 62G 1 Division 4 — Parenting plans 74. What this Division does — FLA s. 63A 1 75. Parents encouraged to reach agreement — FLA s. 63B 1 76. Meaning of parenting plan and related terms — FLA s. 63C 1 77. Parenting plans may include child support provisions —FLA s. 63CAA 1 78. Parenting plan may be varied or revoked by further written agreement — FLA s. 63D 1 78A. Obligations of advisers — FLA s. 63DA 1 78B. Registered parenting plans — FLA s. 63DB 1 79. Registration of revocation of registered parenting plan — FLA s. 63E 1 80. Child welfare provisions of registered parenting plans — FLA s. 63F 1 81. Child maintenance provisions of registered parenting plans — FLA s. 63G 1 82. Court's powers to set aside, discharge, vary, suspend or revive registered parenting plans — FLA s. 63H 1 Division 5 — Parenting orders — what they are 83. What this Division does — FLA s. 64A 1 84. Meaning of parenting order and related terms — FLA s. 64B 1 85. Parenting orders may be made in favour of parents or other persons — FLA s. 64C 1 85A. Parenting orders subject to later parenting plans — FLA s. 64D 1 Division 6 — Parenting orders other than child maintenance orders Subdivision 1 — Introductory 86. What this Division does — FLA s. 65A 1 86A. Child's best interests paramount consideration in making a parenting order — FLA s. 65AA 1 87. Division does not apply to child maintenance orders — FLA s. 65B 1 Subdivision 2 — Applying for and making parenting orders 88. Who may apply for a parenting order — FLA s. 65C 1 89. Court's power to make parenting order — FLA s. 65D 1 89AAA. Reconsideration of final parenting orders — FLA s. 65DAAA 1 89AB. Court to have regard to parenting plans — FLA s. 65DAB 1 89A. Parenting orders — FLA s. 65DA 1 91. General requirements for counselling before parenting order made — FLA s. 65F 1 92. Special conditions for making parenting order about whom child lives with or allocation of parental responsibility by consent in favour of non-parent — FLA s. 65G 1 93. Children who are 18 or over or who have married or entered de facto relationships — FLA s. 65H 1 94. What happens when parenting order that deals with whom child lives with does not make provision in relation to death of parent with whom child lives — FLA s. 65K 1 95. Family consultants may be required to supervise or assist compliance with parenting orders — FLA s. 65L 1 95A. Court may order attendance at post‑separation parenting program — FLA s. 65LA 1 95B. Conditions for providers of post‑separation parenting programs — FLA s. 65LB 1 Subdivision 5 — Obligations under parenting orders relating to taking or sending children from Western Australia to places outside Australia 106. Term used: parenting order to which this Subdivision applies — FLA s. 65X 1 107. Obligations if certain parenting orders have been made: taking or sending child outside Australia — FLA s. 65Y 1 107A. Obligations if certain parenting orders have been made: retaining child outside Australia — FLA s. 65YA 1 108. Obligations if proceedings for the making of certain parenting orders are pending: taking or sending child outside Australia — FLA s. 65Z 1 108A. Obligations if proceedings for the making of certain parenting orders are pending: retaining child outside Australia — FLA s. 65ZAA 1 109. Obligations of owners etc. of aircraft and vessels if certain parenting orders made — FLA s. 65ZA 1 110. Obligations of owners etc. of aircraft and vessels if proceedings for making of certain parenting orders are pending — FLA s. 65ZB 1 111. General provisions applicable to sections 109 and 110 — FLA s. 65ZC(1) and (2) 1 112. No double jeopardy — FLA s. 65ZC(3) 1 Division 7 — Child maintenance orders Subdivision 1 — What this Division does 113. What this Division does — FLA s. 66A 1 Subdivision 2 — Objects and principles 114. Objects — FLA s. 66B 1 115. Principles: parents have primary duty to maintain — FLA s. 66C 1 116. Principles: when step‑parents have duty to maintain — FLA s. 66D 1 Subdivision 3 — Relationship with Child Support (Assessment) Act 117. Child maintenance order not to be made etc. if application for administrative assessment of child support could be made — FLA s. 66E 1 Subdivision 4 — Applying for and making child maintenance orders 118. Who may apply for child maintenance order — FLA s. 66F 1 119. Court's power to make child maintenance order — FLA s. 66G 1 120. Approach to be taken in proceedings for child maintenance order — FLA s. 66H 1 121. Matters to be taken into account in considering financial support necessary for maintenance of child — FLA s. 66J 1 122. Matters to be taken into account in determining contribution that should be made by party etc. — FLA s. 66K 1 123. Children who are 18 or over — FLA s. 66L 1 124. When step‑parents have duty to maintain — FLA s. 66M 1 125. Determining financial contribution of step‑parent — FLA s. 66N 1 Subdivision 5 — Other aspects of court powers 126. General powers of court — FLA s. 66P 1 127. Urgent child maintenance orders — FLA s. 66Q 1 128. Modification of child maintenance orders — FLA s. 66S 1 Subdivision 5A — Varying the maintenance of certain children 128A. Varying maintenance of certain children — FLA s. 66SA 1 Subdivision 6 — When child maintenance orders stop being in force 129. Effect of child turning 18 — FLA s. 66T 1 130. Effect of death of child, person liable to pay or person entitled to receive — FLA s. 66U 1 131. Effect of adoption, marriage or entering into de facto relationship — FLA s. 66V 1 131A. Children who are 18 or over: change of circumstances — FLA s. 66VA 1 132. Recovery of arrears — FLA s. 66W 1 Subdivision 7 — Recovery of amounts paid under maintenance orders 132A. Recovery of amounts paid, and property transferred or settled, under maintenance orders — FLA s. 66X 1 Division 8 — Other matters relating to children Subdivision 1 — What this Division does 133. What this Division does — FLA s. 67A 1 Subdivision 2 — Liability of parent not married to child's mother to contribute towards child bearing expenses 135. Father liable to contribute towards maintenance and expenses of mother — FLA s. 67B 1 136. Matters to be taken into account in proceedings under Subdivision — FLA s. 67C 1 137. Powers of court in proceedings under Subdivision — FLA s. 67D 1 138. Urgent orders — FLA s. 67E 1 139. Who may institute proceedings — FLA s. 67F 1 140. Time limit for institution of proceedings — FLA s. 67G 1 141. Orders for, and unspent, child bearing expenses 1 Subdivision 3 — Location and recovery of children 143. Meaning of location order and State information order — FLA s. 67J 1 144. Who may apply for location order — FLA s. 67K 1 145. Child's best interests paramount consideration in making location order — FLA s. 67L 1 146. Provisions about location orders, other than State information orders — FLA s. 67M 1 147. Provisions about State information orders — FLA s. 67N 1 148. Information provided under location order not to be disclosed except to limited persons — FLA s. 67P 1 149. Meaning of recovery order — FLA s. 67Q 1 150. How recovery orders authorise or direct people — FLA s. 67R 1 151. How recovery orders to stop and search etc. name or describe vehicles, places etc. — FLA s. 67S 1 152. Who may apply for recovery order — FLA s. 67T 1 153. Court's power to make recovery order — FLA s. 67U 1 154. Child's best interests paramount consideration in making recovery order — FLA s. 67V 1 155. Duration of recovery order — FLA s. 67W 1 156. Persons not to prevent or hinder taking of action under recovery order — FLA s. 67X 1 157. Obligation to notify persons of child's return — FLA s. 67Y 1 Subdivision 4 — Allegations of child abuse and family violence 158. Meaning of registrar 1 159. Where interested person in proceedings makes allegation of child abuse — FLA s. 67Z 1 160. Where member of Court personnel, family counsellor, family dispute resolution practitioner or arbitrator suspects child abuse etc. — FLA s. 67ZA 1 161. No liability for notification under section 159 or 160 — FLA s. 67ZB 1 162A. Where interested person makes allegation of family violence — FLA s. 67ZBA 1 162B. Court to take prompt action in relation to allegations of child abuse or family violence — FLA s. 67ZBB 1 Subdivision 4A — Orders for information in child‑related proceedings 162C. Meaning of information sharing agency — FLA s. 67ZBC 1 162D. Order to provide particulars of documents or information relating to certain matters — FLA s. 67ZBD 1 162E. Order to provide documents or information relating to certain matters — FLA s. 67ZBE 1 162F. Disclosure of protected material — FLA s. 67ZBF 1 162G. Advice to court about risk of disclosure — FLA s. 67ZBG 1 162H. Admission of particulars, documents or information into evidence — FLA s. 67ZBH 1 162I. Information sharing agencies and court must have regard to information sharing safeguards — FLA s. 67ZBI 1 162J. When orders may be made — FLA s. 67ZBJ 1 162K. Subpoena in respect of certain documents or information — FLA s. 67ZBK 1 Subdivision 5 — Other orders about children 162. Orders relating to welfare of children — FLA s. 67ZC 1 163. Orders for delivery of travel documents — FLA s. 67ZD 1 Division 9 — Independent representation of child's interests 164. Court order for independent representation of child's interests — FLA s. 68L 1 165. Role of independent children's lawyer — FLA s. 68LA 1 166. Order that child be made available for examination — FLA s. 68M 1 Division 10 — Family violence 173. Purposes of this Division — FLA s. 68N 1 174. Obligations of court making an order or granting an injunction under this Act that is inconsistent with an existing family violence order — FLA s. 68P 1 175. Relationship of order or injunction made under this Act with existing inconsistent family violence order — FLA s. 68Q 1 176. Power of court making family violence order to revive, vary, discharge or suspend an existing order, injunction or arrangement under this Act — FLA s. 68R 1 177. Application of Act and rules when exercising section 176 power — FLA s. 68S 1 178. Special provisions relating to proceedings to make interim (or interim variation of) family violence order — FLA s. 68T 1 Division 11 — Proceedings, parentage presumptions and evidence and jurisdiction as to child welfare laws Subdivision 1 — What this Division does 183. What this Division does — FLA s. 69A 1 Subdivision 2 — Institution of proceedings 184. Certain proceedings to be instituted only under this Act — FLA s. 69B 1 185. Who may institute proceedings — FLA s. 69C 1 186. Institution of maintenance proceedings by certain persons — FLA s. 69D 1 187. Applicant may be in contempt — FLA s. 69F 1 Subdivision 3 — Presumptions of parentage 188. Presumptions of parentage arising from marriage — FLA s. 69P 1 189. Presumption of paternity arising from cohabitation — FLA s. 69Q 1 190. Presumption of parentage arising from registration of birth — FLA s. 69R 1 191. Presumptions of parentage arising from findings of courts — FLA s. 69S 1 192. Presumption of paternity arising from acknowledgments — FLA s. 69T 1 193. Rebuttal of presumptions etc. — FLA s. 69U 1 Subdivision 4 — Parentage evidence 194. Evidence of parentage — FLA s. 69V 1 194A. Declarations of parentage — FLA s. 69VA 1 195. Orders for conducting parentage testing procedures — FLA s. 69W 1 196. Orders associated with parentage testing orders — FLA s. 69X 1 197. Orders directed to persons 18 or over — FLA s. 69Y 1 198. Orders directed to children under 18 — FLA s. 69Z 1 199. No liability if parent etc. consents — FLA s. 69ZA 1 200. Regulations about conducting, and reporting on, parentage testing procedures — FLA s. 69ZB 1 201. Reports of information obtained may be received in evidence — FLA s. 69ZC 1 Subdivision 5 — Child welfare laws not affected 202. Child welfare laws not affected — FLA s. 69ZK 1 Subdivision 6 — Short form reasons for decisions relating to interim parenting orders 202AA. Short form reasons for decisions relating to interim parenting orders — FLA s. 69ZL 1 Division 11A — Principles for conducting child‑related proceedings Subdivision 1 — Proceedings to which this Division applies 202A. Proceedings to which this Division applies — FLA s. 69ZM 1 Subdivision 2 — Principles for conducting child‑related proceedings 202B. Principles for conducting child‑related proceedings — FLA s. 69ZN 1 202C. This Division also applies to proceedings in Chambers — FLA s. 69ZO 1 202D. Powers under this Division may be exercised on court's own initiative — FLA s. 69ZP 1 Subdivision 3 — Duties and powers related to giving effect to the principles 202E. General duties — FLA s. 69ZQ 1 202F. Power to make determinations, findings and orders at any stage of proceedings — FLA s. 69ZR 1 202G. Use of family consultants — FLA s. 69ZS 1 Subdivision 4 — Matters relating to evidence 202H. Rules of evidence not to apply unless court decides — FLA s. 69ZT 1 202J. Evidence of children — FLA s. 69ZV 1 202L. Court's general duties and powers relating to evidence — FLA s. 69ZX 1 Division 12 — State and Territory orders relating to children 204. Registration of State child orders — FLA s. 70C and 70D 1 205. Effect of registration — FLA s. 70E 1 Division 13 — Orders in proceedings relating to contraventions of child‑related orders Subdivision 1 — Preliminary 205A. Simplified outline — FLA s. 70NAA 1 205B. Objects — FLA s. 70NAB 1 205C. Meaning of contravene a child‑related order — FLA s. 70NAC 1 205D. Meaning of reasonable excuse for contravening a child‑related order — FLA s. 70NAD 1 205E. Burden of proof in relation to reasonable excuse — FLA s. 70NADA 1 205F. Standard of proof — FLA s. 70NAE 1 Subdivision 2 — Orders relating to contraventions of child‑related orders 205G. Court may make orders in proceedings relating to contravention of child‑related orders — FLA s. 70NBA 1 205H. Make‑up time parenting orders — FLA s. 70NBB 1 205I. Variation and suspension of child‑related orders that are parenting orders — FLA s. 70NBC 1 205J. Post‑separation parenting programs — FLA 70NBD 1 205K. Orders where contravention established without reasonable excuse — FLA s. 70NBF 1 Subdivision 3 — Further provisions relating to bonds and imprisonment 205L. Matters relating to bonds — FLA s. 70NCA 1 205M. Procedure for enforcing bonds — FLA s. 70NCB 1 205N. Matters relating to imprisonment — FLA s. 70NCC 1 205O. Powers of court in relation to imprisoned person — FLA s. 70NCD 1 205P. Rules relating to child maintenance orders and child support — FLA s. 70NCE 1 Subdivision 4 — Miscellaneous 205Q. Court may issue warrant for arrest of alleged offender — FLA s. 70NDA 1 205R. Relationship between Division and prosecutions for offences under other laws — FLA s. 70NDB 1 Division 14 — Dealing with people who have been arrested Subdivision 1 — What this Division does 205S. What this Division does — FLA s. 70P 1 Subdivision 2 — Dealing with people who have been arrested 205SA. Situation to which this Subdivision applies — FLA s. 70PA 1 205SB. Arrested person to be brought before court — FLA s. 70PB 1 205SC. Obligation of court where application before it to deal with contravention — FLA s. 70PC 1 205SD. Obligation of court where no application before it, but application before another court, to deal with contravention — FLA s. 70PD 1 205SE. Obligation of court where no application before any court to deal with contravention — FLA s. 70PE 1 205SF. Applications heard as required by section 205SC(2) or 205SD(3)(b) — FLA s. 70PF 1 Part 5A — De facto relationships Division 1 — Introductory 205T. Terms used 1 205U. Application of Part generally 1 205V. Right to certain civil proceedings limited 1 Division 2 — Property adjustment orders and maintenance orders Subdivision 1 — Introductory 205W. This Division does not apply to certain matters covered by binding financial agreements or former financial agreements — FLA s. 71A 1 205X. People to whom this Part applies — connection with WA 1 205Y. Court not otherwise limited by connection with WA referred to in section 205X 1 205Z. Where court may make order under this Division 1 205ZA. Declaration of interests in property — FLA s. 78 1 Subdivision 2 — Alteration of property interests, and maintenance 205ZB. Applications, and notifications to spouses 1 205ZC. Right of de facto partner to maintenance — FLA s. 72 1 205ZCA. Powers of court in maintenance proceedings — FLA s. 74 1 205ZD. Matters to be taken into consideration in relation to maintenance — FLA s. 75 1 205ZE. Urgent de facto partner maintenance cases — FLA s. 77 1 205ZF. Specifications in orders of payments etc. for de facto maintenance purposes — FLA s. 77A 1 205ZG. Alteration of property interests — FLA s. 79 1 205ZH. Setting aside of orders altering property interests — FLA s. 79A 1 205ZHA. Notification of criminal confiscation orders etc. — FLA s. 79B 1 205ZHB. Court to stay proceedings under this Division affected by criminal confiscation order etc. — FLA s. 79C 1 205ZHC. Lifting a stay — FLA s. 79D 1 205ZHD. Intervention by DPP — FLA s. 79E 1 205ZHE. Notifying third parties about application — FLA s. 79F 1 205ZHF. Notifying bankruptcy trustee etc. about application under section 205ZA, 205ZCA, 205ZG or 205ZH — FLA s. 79G 1 205ZHG. Notifying court about bankruptcy etc. — FLA s. 79H 1 205ZHH. Notifying non‑bankrupt de facto partner about application under Bankruptcy Act section 139A — FLA s. 79J 1 205ZI. General powers of court — FLA s. 80 1 205ZJ. Duty of court to end financial relations of de facto partners — FLA s. 81 1 205ZK. Cessation of de facto maintenance orders — FLA s. 82 1 205ZL. Modification of de facto maintenance orders — FLA s. 83 1 Division 2A — Orders and injunctions binding third parties Subdivision 1 — Introductory 205ZLA. Object of Division — FLA s. 90AA 1 205ZLB. Term used: third party — FLA s. 90AB 1 205ZLC. This Division overrides other laws, trust deeds, etc. — FLA s. 90AC 1 205ZLD. Extended meaning of property — FLA s. 90AD 1 205ZLE. Other provisions of this Act not affected by this Division — FLA s. 90ADA 1 Subdivision 2 — Orders under section 205ZG 205ZLF. Court may make an order under section 205ZG binding a third party — FLA s. 90AE 1 Subdivision 3 — Orders or injunctions under section 235A 205ZLG. Court may make an order or injunction under section 235A binding a third party — FLA s. 90AF 1 Subdivision 4 — Other matters 205ZLH. Orders and injunctions binding on trustees — FLA s. 90AG 1 205ZLI. Protection for third party — FLA s. 90AH 1 205ZLJ. Service of documents on third party — FLA s. 90AI 1 205ZLK. Expenses of third party — FLA s. 90AJ 1 Division 3 — Financial agreements 205ZM. Term used: dealt with — FLA s. 90A 1 205ZN. Financial agreements before beginning de facto relationship — FLA s. 90B 1 205ZO. Financial agreements during de facto relationship — FLA s. 90C 1 205ZP. Financial agreements after de facto relationship ends — FLA s. 90D 1 205ZPA. Financial agreement may include agreement that deals with superannuation 1 205ZPB. Need for separation declaration for certain provisions of financial agreement or former financial agreement to take effect — FLA s. 90DA 1 205ZQ. Requirements with respect to provisions in financial agreements relating to maintenance of de facto partner or child or children — FLA s. 90E 1 205ZR. Certain provisions in agreements — FLA s. 90F 1 205ZS. When financial agreements and former financial agreements are binding — FLA s. 90G 1 205ZT. Effect of death of party to financial agreement — FLA s. 90H 1 205ZU. Termination of financial agreement and former financial agreement — FLA s. 90J 1 205ZV. Circumstances in which court may set aside financial agreement, termination agreement or former financial agreement — FLA s. 90K 1 205ZW. Validity, enforceability and effect of financial agreements, termination agreements and former financial agreements — FLA s. 90KA 1 205ZX. Notification of criminal property confiscation order etc. — FLA s. 90M 1 205ZY. Court to stay proceedings under Division 2 affected by criminal confiscation order etc. — FLA s. 90N 1 205ZZ. Lifting a stay — FLA s. 90P 1 205ZZA. Intervention by DPP — FLA s. 90Q 1 Part 6 — Intervention 206. Intervention by Attorney General — FLA s. 91 1 207. Intervention by CEO — FLA s. 91B 1 208. Intervention by other persons — FLA s. 92 1 209. Intervention in child abuse cases — FLA s. 92A 1 Part 7 — Appeals 209A. Terms used 1 210. Federal jurisdiction 1 210A. Non‑federal jurisdictions — appeal from decree of Magistrates Court constituted by family law magistrate 1 210AA. Leave to appeal needed in some cases referred to in section 210A 1 210AB. Case stated 1 211. Non‑federal jurisdictions 1 211A. Appeals, and applications for leave, without oral hearing 1 211B. Appeal may be dismissed if no reasonable prospect of success 1 Part 8 — Procedure and evidence Division 1A — Overarching purpose of the family law practice and procedure provisions 211C. Overarching purpose of the family law practice and procedure provisions — FLA s. 95 1 211D. Duty to act consistently with overarching purpose — FLA s. 96 1 Division 1 — General matters concerning procedure and evidence 212. Proceedings generally to be in open court — FLA s. 97 1 213. Power to give directions 1 214A. Children swearing affidavits, being called as witnesses or being present in court — FLA s. 100B 1 214B. Oaths and affirmations 1 214C. Swearing or affirming of affidavits 1 215. Protection of witnesses — FLA s. 101 1 216. Certificates etc. of birth, death or marriage — FLA s. 102 1 217. Admissibility of evidence after medical examination etc. of children — FLA s. 102A(1), (2), (4) and (5) 1 218. Leave for child to be examined medically etc. — FLA s. 102A(3) 1 219. Assessors — FLA s. 102B 1 Division 2 — Use of video link, audio link or other appropriate means to give testimony, make appearances and give submissions etc. 219AA. Evidence Act 1906 not excluded 1 219AB. Testimony — FLA s. 102C 1 219AC. Appearance of persons — FLA s. 102D 1 219AD. Making of submissions — FLA s. 102E 1 219AE. Conditions for use of links — FLA s. 102F 1 219AF. Putting documents to a person — FLA s. 102G 1 219AG. Administration of oaths and affirmations — FLA s. 102J 1 219AH. Expenses — FLA s. 102K 1 219AI. New Zealand proceedings — FLA s. 102L 1 Division 3 — Cross‑examination of parties where allegations of family violence 219AJ. Application of Division 1 219AK. Mandatory protections for parties in certain cases — FLA s. 102NA 1 219AL. Court‑ordered protections in other cases — FLA s. 102NB 1 Part 8A — Suppression and non‑publication orders Division 1 — Preliminary 219AM. Terms used — FLA s. 102P 1 219AN. Powers of a court not affected — FLA s. 102PA 1 219AO. Other laws not affected — FLA s. 102PB 1 219AP. Relationship with Part 11A — FLA s. 102PC 1 Division 2 — Suppression and non‑publication orders 219AQ. Safeguarding public interest in open justice — FLA s. 102PD 1 219AR. Power to make orders — FLA s. 102PE 1 219AS. Grounds for making an order — FLA s. 102PF 1 219AT. Procedure for making an order — FLA s. 102PG 1 219AU. Interim orders — FLA s. 102PH 1 219AV. Duration of orders — FLA s. 102PI 1 219AW. Exception for court officials — FLA s. 102PJ 1 219AX. Contravention of order — FLA s. 102PK 1 Part 8B — Decrees and orders relating to unmeritorious, harmful, and vexatious proceedings Division 1 — Preliminary 219AY. Terms used — FLA s. 102Q 1 219AZ. Interactions between provisions and with other powers of court — FLA s. 102QA 1 Division 2 — Summary decrees 219AZA. Summary decrees — FLA s. 102QAB 1 Division 3 — Harmful proceedings orders Subdivision 1 — Making harmful proceedings orders 219AZB. Making harmful proceedings orders — FLA s. 102QAC 1 Subdivision 2 — Consequences of harmful proceedings orders 219AZC. Proceedings in contravention of harmful proceedings order — FLA s. 102QAD 1 219AZD. Application for leave to institute proceedings — FLA s. 102QAE 1 219AZE. Dismissing application for leave — FLA s. 102QAF 1 219AZF. Granting application for leave — FLA s. 102QAG 1 Division 4 — Vexatious proceedings orders Subdivision 1 — Making vexatious proceedings orders 219AZG. Making vexatious proceedings orders — FLA s. 102QB 1 219AZH. Notification of vexatious proceedings orders — FLA s. 102QC 1 Subdivision 2 — Consequences of vexatious proceedings orders 219AZI. Proceedings in contravention of vexatious proceedings order — FLA s. 102QD 1 219AZJ. Application for leave to institute proceedings by person subject to vexatious proceedings order — FLA s. 102QE 1 219AZK. Dismissing application for leave by person subject to vexatious proceedings order — FLA s. 102QF 1 219AZL. Granting application for leave by person subject to vexatious proceedings order — FLA s. 102QG 1 Part 9 — Enforcement of decrees 219A. Maintenance orders — more than 12 months old — FLA s. 106 1 220. Enforcement of orders as to child maintenance or child bearing expenses 1 220A. Rules relating to enforcement — FLA s. 109A 1 221. Execution of instruments by order of court — FLA s. 106A 1 222. Transactions to defeat claim — FLA s. 106B 1 222A. People not to be imprisoned for failure to comply with certain orders — FLA s. 107 1 Part 10 — Sanctions for failure to comply with orders, and other obligations, that do not affect children Division 1 — Interpretation 223. Terms used — FLA s. 112AA 1 224. Meaning of contravene an order — FLA s. 112AB 1 225. Meaning of reasonable excuse for contravening an order — FLA s. 112AC 1 Division 2 — Sanctions for failure to comply with orders 226. Sanctions for failure to comply with orders — FLA s. 112AD 1 227. Sentences of imprisonment — FLA s. 112AE 1 228. Bonds — FLA s. 112AF 1 229. Sentencing alternatives — FLA s. 112AG 1 230. Failure to comply with sentencing alternative imposed under s. 226(3)(b) — FLA s. 112AH 1 231. Variation and discharge of orders — FLA s. 112AK 1 232. Relationship between Division and other laws — FLA s. 112AM 1 233. Division does not affect enforcement of child maintenance orders etc. — FLA s. 112AO 1 Part 10A — Contempt of court 233A. Terms used 1 234. Contempt — FLA s. 112AP 1 Part 11 — Injunctions 235. Injunctions — FLA s. 68B 1 235A. Injunctions relating to de facto relationships — FLA s. 114 1 236. Powers of arrest where injunction breached — FLA s. 68C and s. 114AA 1 Part 11A — Restriction on communication of accounts and lists of proceedings 236A. Terms used — FLA s. 114P 1 236B. Indictable offence: communication to the public of account of proceedings that identifies parties or others involved in proceedings — FLA s. 114Q 1 236C. Indictable offence: communication to the public of list of court proceedings that refers to names of parties — FLA s. 114R 1 236D. When a communication is not a communication to the public — FLA s. 114S 1 236E. Consent of DPP required to commence proceedings — FLA s. 114T 1 Part 12 — Miscellaneous 237. Costs — FLA s. 117 1 238. Reparation for certain losses and expenses relating to children — FLA s. 117A 1 239. Interest on moneys ordered to be paid — FLA s. 117B 1 240. Offers of settlement — FLA s. 117C 1 241. Ex parte orders 1 243A. Making arrests under this Act or warrants — FLA s. 122A 1 243B. Powers to enter and search premises, and stop conveyances, for making arrests under this Act or warrants — FLA s. 122AA 1 244. Rules 1 245. Regulations 1 246. Repeal 1 247. Transitional and savings 1 Schedule 1 — Oath and affirmation of office Schedule 2 — Transitional and savings Division 1 — Provisions for repeal of Family Court Act 1975 1. Terms used 1 2. Interpretation Act 1984 applies 1 3. Persons holding offices under, or employed or engaged for purposes of, the repealed Act 1 4. Setting aside of orders made under repealed s. 30 altering property interests 1 5. Treatment of orders as to custody, guardianship, access or maintenance or other payments 1 6. Treatment of applications for orders as to custody, guardianship, access or maintenance or other payments 1 7. Treatment of agreements relating to child welfare matters 1 8. Treatment of warrants 1 9. Treatment of orders as to information 1 10. Other things done for purposes of provisions of repealed Act 1 Division 2 — Provisions for Family Court Amendment (Family Violence and Other Measures) Act 2013 11. Application of amendments relating to family violence 1 12. Application of other amendments 1 Division 3 — Provisions for Family Court Amendment Act 2022 13. Application of amendments 1 Division 4 — Provisions for Family Court Amendment (Commonwealth Reforms) Act 2024 14. Application of amendments 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Family Court Act 1997 An Act to continue the Family Court of Western Australia, to repeal the Family Court Act 1975 and for related purposes. Part 1 — Preliminary 1. Short title This Act may be cited as the Family Court Act 1997. 2. Commencement The provisions of this Act come into operation on such day as is, or days as are respectively, fixed by proclamation. 3. Contents of this Act This Act — (a) provides for the Family Court of Western Australia and for certain other State courts to exercise the federal jurisdiction invested in them by or under the Family Law Act 1975 of the Commonwealth; and (b) provides for the Family Court of Western Australia and for certain other State courts to exercise the non‑federal jurisdictions conferred on them by or under this Act; and (c) provides for the Family Court of Western Australia to exercise jurisdiction under any other written law, or for the purposes of any other Commonwealth law. 4. References in section headings and definitions to comparable provisions of Commonwealth Acts (1) A reference to "FLA" followed by a section designation — (a) in the heading to a section of this Act is a reference to the section of the Family Law Act 1975 of the Commonwealth with which the section in this Act is comparable; or (b) immediately before a definition in this Act is a reference to the section in the Family Law Act 1975 of the Commonwealth containing a definition with which the definition in this Act is comparable. (2) A reference to "FCFCAA" followed by a section designation in the heading to a section of this Act is a reference to the section of the Federal Circuit and Family Court of Australia Act 2021 (Commonwealth) with which the section in this Act is comparable. (3) Nothing in this section limits the Interpretation Act 1984 section 32(2). [Section 4 amended: No. 49 of 2024 s. 4.] 5. Terms used (1) In this Act, unless the contrary intention appears — (FLA s. 4(1)) Aboriginal child means a child who is a descendant of the Aboriginal people of Australia; (FLA s. 4(1)) Aboriginal or Torres Strait Islander culture, in relation to a child — (a) means the culture of the Aboriginal or Torres Strait Islander community or communities to which the child belongs; and (b) includes Aboriginal or Torres Strait Islander lifestyle and traditions of that community or communities; (FLA s. 4(1)) abuse, in relation to a child, means — (a) an assault, including a sexual assault, of the child; or (b) a person (the first person) involving the child in a sexual activity with the first person or another person in which the child is used, directly or indirectly, as a sexual object by the first person or the other person, and where there is unequal power in the relationship between the child and the first person; or (c) causing the child to suffer serious psychological harm, including (but not limited to) when that harm is caused by the child being subjected to, or exposed to, family violence; or (d) serious neglect of the child; (FLA s. 4(1)) adopted in relation to a child, means adopted under the law of any place (whether in or out of Australia) relating to the adoption of children; (FLA s. 4(1)) alleged contravention in Part 5 Division 14 Subdivision 2, means the alleged contravention because of which the alleged offender is arrested; (FLA s. 4(1)) alleged offender in Part 5 Division 14 Subdivision 2, means the person who is arrested; (FLA s. 4(1)) application for a confiscation declaration means any of the following — (a) an application under section 30 of the Criminal Property Confiscation Act 2000, for a declaration that property has been confiscated; (b) an application under section 27 of the Criminal Property Confiscation Act 2000, for a confiscable property declaration; (c) an application under section 32A(1) of the Misuse of Drugs Act 1981 that a person be declared a drug trafficker; (FLA s. 4(1)) arbitration has the meaning given by section 56; (FLA s. 4(1)) arbitrator has the meaning given by section 57; (FLA s. 4(1)) arresting person means the person who arrests the alleged offender; (FLA s. 4(1)) audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places; bankrupt has the same meaning as in the Family Law Act; Bankruptcy Act means the Bankruptcy Act 1966 (Commonwealth); (FLA s. 4(1)) bankruptcy trustee, in relation to a bankrupt, means the trustee of the bankrupt's estate; (FLA s. 4(1)) birth includes stillbirth; (FLA s. 4(1)) captain, in relation to an aircraft or vessel, means the person in charge or command of the aircraft or vessel; case guardian — (a) means a person appointed by a court under the rules to manage and conduct a case for a child or a person with a disability; and (b) includes a next friend, guardian ad litem, tutor or litigation guardian; CEO means the CEO as defined in section 3 of the Children and Community Services Act 2004; Chief Judge means the judge appointed under section 11(2) to be the Chief Judge of the Court; (FLA s. 4(1)) child — (a) in Part 5, includes an adopted child, a child whose parentage has been transferred under the Surrogacy Act 2008 and a stillborn child; and (b) in Part 5 Division 6 Subdivision 5, means a person who has not attained the age of 18 years (including a person who is an adopted child or a child whose parentage has been transferred under the Surrogacy Act 2008); child bearing expenses means a matter in respect of which a payment may be ordered to be made under Subdivision 2 of Division 8 of Part 5; (FLA s. 4(1)) childbirth maintenance period, in relation to the birth of a child, means the period that begins on the day mentioned in paragraph (a) or (b) and ends 3 months after the child's birth — (a) if the mother — (i) works in paid employment; and (ii) is advised by a medical practitioner to stop working for medical reasons related to her pregnancy; and (iii) stops working after being so advised and more than 2 months before the child is due to be born, the period begins on the day on which she stops working; or (b) in any other case, the period begins on the day that is 2 months before the child is due to be born; (FLA s. 4(1)) child maintenance order has the meaning given by section 84(5); (FLA s. 4(1)) child maintenance provisions, in relation to a parenting plan, has the meaning given by section 76(5); (FLA s. 4(1)) child‑related order — see section 205G(2); (FLA s. 4(1)) child‑related proceedings has the meaning given by section 202A; Child Support (Assessment) Act means the Child Support (Assessment) Act 1989 (Commonwealth); Note for this definition: See the Child Support (Commonwealth Powers) Act 2019. Child Support (Registration and Collection) Act means the Child Support (Registration and Collection) Act 1988 (Commonwealth); Note for this definition: See the Child Support (Commonwealth Powers) Act 2019. (FLA s. 4(1)) child welfare law means this Act, the Adoption Act 1994, the Children and Community Services Act 2004, the Young Offenders Act 1994 and any other written law providing for — (a) the imprisonment, detention or residence of a child; or (b) the care, treatment and protection of a child who has a mental illness; (FLA s. 4(1)) child welfare officer in relation to a State or Territory, means — (a) a person who, because he or she holds, or performs the duties of, a prescribed office of the State or Territory, has responsibilities in relation to a child welfare law of the State or Territory; or (b) a person authorised in writing by such a person for the purposes of Part 5; (FLA s. 4(1)) child welfare provisions, in relation to a parenting plan, has the meaning given by section 76(4); Commissioner of Police means the Commissioner of Police appointed under section 5 of the Police Act 1892; (FLA s. 4(1)) communicate — see section 236A(1); (FLA s. 4(1)) confiscation declaration means any of the following — (a) a declaration under section 30 of the Criminal Property Confiscation Act 2000 that property has been confiscated; (b) a confiscable property declaration under section 27 of the Criminal Property Confiscation Act 2000; (c) a declaration under section 32A(1) of the Misuse of Drugs Act 1981 that a person is a drug trafficker; (FLA s. 4(1)) contravene, in relation to a child‑related order — see section 205C; (FLA s. 4(1)) conveyance includes a vehicle, a vessel and an aircraft; Court or Family Court of Western Australia means the Family Court of Western Australia continued by this Act; court has a meaning affected by section 8; (FLA s. 4(1)) criminal confiscation order means any of the following — (a) a confiscation declaration; (b) a freezing order, within the meaning of the Criminal Property Confiscation Act 2000; (c) a freezing notice, within the meaning of the Criminal Property Confiscation Act 2000; (FLA s. 4(1)) debtor subject to a personal insolvency agreement has the meaning given in section 7B; (FLA s. 4(1)) department means a department of the Public Service; (FLA s. 4(1)) designated family report — see section 65AB; Director of Court Counselling means the Director of Court Counselling appointed under section 25(1)(d); (FLA s. 4(1)) DPP means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1991; (FLA s. 4(1)) dwelling house includes a conveyance, or a room in accommodation, in which people ordinarily retire for the night; (FLA s. 4(1)) education includes apprenticeship or vocational training; (FLA s. 4(1)) exposed to family violence, in relation to a child, has the meaning given in section 9A(3); (FLA s. 4(1)) family consultant has the meaning given by section 61; (FLA s. 4(1)) family counselling has the meaning given by section 47; (FLA s. 4(1)) family counsellor has the meaning given by section 48; (FLA s. 4(1)) family dispute resolution has the meaning given by section 51; (FLA s. 4(1)) family dispute resolution practitioner has the meaning given by section 52; Family Law Act means the Family Law Act 1975 of the Commonwealth and includes rules, regulations and proclamations for the time being in force under that Act; family law magistrate means a person who is both a magistrate appointed under the Magistrates Court Act 2004 and either the Principal Registrar or a registrar of the Family Court of Western Australia; (FLA s. 4(1)) family law practice and procedure provisions has the meaning given by section 211C(4); (FLA s. 4(1)) family report writer — see section 65AA; (FLA s. 4(1)) family violence has the meaning given in section 9A(1); (FLA s. 4(1)) family violence order means an order (including an interim order) made under a law of a State or a Territory to protect a person from family violence; (FLA s. 4(1)) Federal Circuit and Family Court of Australia means the Federal Circuit and Family Court of Australia (Division 1); final parenting order includes a parenting order that is an interlocutory order if the parenting order is not expressed to be an order until further order; income tested pension, allowance or benefit has the meaning given by the Family Law Act; (FLA s. 4(1)) independent children's lawyer, for a child, means a legal practitioner who represents the child's interests in proceedings under an appointment made under a court order under section 164(2); (FLA s. 4(1)) information about a child's location, in the context of a location order made or to be made by a court in relation to a child, means information about — (a) where the child is; or (b) where a person who the court has reasonable cause to believe has the child is; (FLA s. 4(1)) information sharing agency has the meaning given by section 162C; (FLA s. 4(1)) information sharing safeguards has the meaning given by section 162I(1); (FLA s. 4(1)) interests in relation to a child, includes matters related to the care, welfare or development of the child; judge or Family Court judge means a judge of the Court; (FLA s. 4(1)) location order has the meaning given by section 143(1); (FLA s. 4(1)) made in favour, in relation to a parenting order (other than a child maintenance order), has the meaning given by section 84(6); (FLA s. 4(1)) major long‑term issues has the meaning given by section 7A; (FLA s. 4(1)) medical expenses includes medical, surgical, dental, diagnostic, hospital, nursing, pharmaceutical and physiotherapy expenses; (FLA s. 4(1)) medical practitioner means a person registered or licensed as a medical practitioner under a law of a State or a Territory that provides for the registration or licensing of medical practitioners and who has current entitlement to practise in that State or Territory; (FLA s. 4(1)) member of the family has the meaning given in section 6; metropolitan region has the meaning given to that term in the Planning and Development Act 2005 section 4; order means an order of a court and includes a judgment and an order dismissing an application or refusing to make an order; (FLA s. 4(1)) parent, when used in Part 5 in relation to a child who has been adopted, means an adoptive parent of the child; (FLA s. 4(1)) parentage testing order has the meaning given by section 195(1); (FLA s. 4(1)) parentage testing procedure means a medical procedure prescribed, or included in a class of medical procedures prescribed, for the purposes of this definition; (FLA s. 4(1)) parental responsibility, in Part 5, has the meaning given by section 68; (FLA s. 4(1)) parenting order has the meaning given by section 84(1); (FLA s. 4(1)) parenting plan has the meaning given by section 76; Part 5 Order means an order made under Part 5; (FLA s. 4(1)) Part 5A proceedings means proceedings under Part 5A for orders with respect to the maintenance of a de facto partner or to the property of de facto partners, but does not include any proceedings specified in the regulations for the purposes of this definition; (FLA s. 4(1)) pending, in Part 5 Division 6 Subdivision 5, has a meaning affected by section 106(2); (FLA s. 4(1)) personal insolvency agreement has the meaning given in the Bankruptcy Act section 5(1); (FLA s. 4(1)) post‑separation parenting program has the meaning given by the Family Law Act; principal officer — (a) in relation to a department or an organisation within the meaning of the Public Sector Management Act 1994, means the chief executive officer or chief employee (as those terms are defined in the Public Sector Management Act 1994) of the department or organisation; and (b) in relation to any other State entity, means a person who is the chief executive officer of the State entity; (FLA s. 4(1)) proceedings — (a) means a proceeding in a court, whether between parties or not, and includes cross‑proceedings or an incidental proceeding in the course of or in connection with a proceeding; and (b) in Part 11A, includes a part of proceedings; (FLA s. 4(1)) professional ethics includes — (a) rules of professional conduct; and (b) rules of professional etiquette; and (c) a code of ethics; and (d) standards of professional conduct; (FLA s. 4(1)) property, in relation to de facto partners, or either of them, means property to which those partners are, or that partner is, as the case may be, entitled, whether in possession or reversion; (FLA s. 4(1)) property settlement proceedings means proceedings with respect to — (a) the property of de facto partners, or either of them; or (b) the vested bankruptcy property in relation to a bankrupt de facto partner; (FLA s. 4(1)) protected material has the meaning given by section 162F(3); (FLA s. 4(1)) public — see section 236A(2); (FLA s. 4(1)) reasonable excuse, in relation to contravening a child‑related order, has a meaning affected by section 205D; (FLA s. 4(1)) recovery order has the meaning given by section 149; registered parenting plan has the meaning given by section 76(6); (FLA s. 4(1)) registrar means — (a) in relation to the Court, means the Principal Registrar, a deputy registrar or a registrar; and (b) in relation to the Magistrates Court, means a registrar of that court at the place where that court was held; (FLA s. 4(1)) Registry Manager means — (a) in relation to the Family Court of Western Australia, the Principal Registrar of that Court; and (b) in relation to a court other than the Family Court of Western Australia, the principal officer of the court or any other appropriate officer of the court; (FLA s. 4(1)) regulator — see section 65AC(2)(b); (FLA s. 4(1)) relative, of a child — (a) in Part 5, means — (i) a step‑parent of the child; or (ii) a brother, sister, half‑brother, half‑sister, step‑brother or step‑sister of the child; or (iii) a grandparent of the child; or (iv) an uncle or aunt of the child; or (v) a nephew or niece of the child; or (vi) a cousin of the child; or (vii) for an Aboriginal child or Torres Strait Islander child — a person who, in accordance with the child's Aboriginal or Torres Strait Islander culture (including but not limited to any kinship systems of that culture), is related to the child; and (b) in section 6(e) — has the meaning given by section 7(1); and (c) in section 6(ea) — has the meaning given by section 7(2); (FLA s. 4(1)) relevant property or financial arbitration has the meaning given by section 56(2); (FLA s. 4(1)) section 65M arbitration has the meaning given by section 56(2); (FLA s. 4(1)) State child order means an order made under the law of a State that — (a) however it is expressed, has the effect of determining the person or persons with whom a child who is under 18 is to live, or that provides for a person or persons to have custody of a child who is under 18; or (b) however it is expressed, has the effect of providing for a person or persons to spend time with a child who is under 18; or (c) however it is expressed, has the effect of providing for contact between a child who is under 18 and another person or persons, or that provides for a person or persons to have access to a child who is under 18; State entity means — (a) a department or an organisation within the meaning of the Public Sector Management Act 1994; or (b) a body corporate, other than such an organisation or a local government, established for a public purpose by a written law; State information order has the meaning given by section 143(2); (FLA s. 4(1)) step‑parent, in relation to a child, means a person who — (a) is not a parent of the child; and (b) is or has been married to, or in a de facto relationship with, a parent of the child; and (c) treats, or at any time during the marriage or de facto relationship treated, the child as a member of the family formed with the parent; (FLA s. 4(1)) Torres Strait Islander child means a child who is a descendant of the Indigenous inhabitants of the Torres Strait Islands; (FLA s. 4(1)) trustee, in relation to a personal insolvency agreement, has the same meaning as in the Bankruptcy Act; (FLA s. 4(1)) vested bankruptcy property, in relation to a bankrupt, means property, as defined in the Bankruptcy Act section 5(1), of the bankrupt that has vested in the bankruptcy trustee under that Act; (FLA s. 4(1)) video link means facilities (for example, closed‑circuit television facilities) that enable audio and visual communication between persons in different places. (2) A reference in this Act to a person who has parental responsibility for a child is a reference to a person who — (a) has some or all of that responsibility solely; or (b) shares some or all of that responsibility with another person. (3) A reference in this Act to a person who shares parental responsibility for a child with another person is a reference to a person who shares some or all of the parental responsibility for the child with that other person. (4) A reference in this Act to a person or people involved in proceedings is a reference to — (a) any of the parties to the proceedings; and (b) any child whose interests are considered in, or affected by, the proceedings; and (c) any person whose conduct is having an effect on the proceedings. [Section 5 amended: No. 25 of 2002 s. 4 and 29; No. 28 of 2003 s. 50(1); No. 34 of 2004 Sch. 2 cl. 10(2); No. 59 of 2004 s. 91; No. 38 of 2005 s. 15; No. 35 of 2006 s. 4, 17, 42(1), 63, 80, 104, 108, 136, 144 and 170; No. 21 of 2008 s. 663(2); No. 47 of 2008 s. 59; No. 13 of 2013 s. 4; No. 7 of 2019 s. 8; No. 9 of 2022 s. 424; No. 28 of 2022 s. 4; No. 49 of 2024 s. 5.] 6. Meaning of member of the family — FLA s. 4(1AB) For the purposes of — (a) the definition of step‑parent in section 5(1); and (ba) section 9A; and (b) section 66C(4)(a); and (c) sections 66F, 66HA and 66HB, a person (the first person) is a member of the family of another person (the second person) if — (d) the first person is or has been married to, or in a de facto relationship with, the second person; or (e) the first person is or has been a relative of the second person within the meaning of section 7(1); or (ea) except for the purposes of sections 66F, 66HA and 66HB — the first person is or has been a relative of the second person within the meaning of section 7(2); or (f) an order under this Act described in subparagraph (i) or (ii) is or was (at any time) in force — (i) a parenting order (other than a child maintenance order) that relates to a child who is either the first person or the second person and that is in favour of the other of those persons; (ii) an order providing for the first person or the second person to have custody or guardianship of, or a right of access to, the other of those persons; or (g) an order under a law of a State or Territory described in subparagraph (i) or (ii) is or was (at any time) in force — (i) an order determining that the first person or the second person is or was to live with the other of those persons, or is or was to have custody or guardianship of the other of those persons; (ii) an order providing for contact between the first person and the second person, or for the first person or the second person to have a right of access to the other of those persons; or (h) the first person ordinarily or regularly resides or resided with the second person, or with another member of the family of the second person; or (i) the first person is or has been a member of the family of a child of the second person. [Section 6 inserted: No. 35 of 2006 s. 171; amended: No. 13 of 2013 s. 5; No. 49 of 2024 s. 6.] 7. Meaning of relative — FLA s. 4(1AC) and (1AD) (1) For the purposes of section 6(e), a relative of a person is — (a) a father, mother, grandfather, grandmother, step‑father or step‑mother of the person; or (b) a son, daughter, grandson, grand‑daughter, step‑son or step‑daughter of the person; or (c) a brother, sister, half‑brother, half‑sister, step‑brother or step‑sister of the person; or (d) an uncle or aunt of the person; or (e) a nephew or niece of the person; or (f) a cousin of the person; or (g) if the person is or was married, in addition to paragraphs (a) to (f), a person who is or was a relative, of the kind described in any of those paragraphs, of the person's spouse; or (h) if the person is or was in a de facto relationship with another person, in addition to paragraphs (a) to (f), a person who would be a relative of a kind described in any of those paragraphs if the persons in that de facto relationship were or had been married to each other. (2) For the purposes of section 6(ea), if a person is related to an Aboriginal or Torres Strait Islander child in accordance with the child's Aboriginal or Torres Strait Islander culture (including but not limited to any kinship systems of that culture), the person is a relative of the child. [Section 7 inserted: No. 35 of 2006 s. 171; amended: No. 49 of 2024 s. 7.] 7A. Meaning of major long‑term issues — FLA s. 4(1) (1) For the purposes of this Act — major long‑term issues, in relation to a child, means issues about the care, welfare and development of the child of a long‑term nature and includes (but is not limited to) issues of that nature about — (a) the child's education (both current and future); and (b) the child's religious and cultural upbringing; and (c) the child's health; and (d) the child's name; and (e) changes to the child's living arrangements that make it significantly more difficult for the child to spend time with a parent. (2) To avoid doubt, a decision by a parent of a child to form a relationship with a new partner is not, of itself, a major long‑term issue in relation to the child, however, the decision will involve a major long‑term issue if, for example, the relationship with the new partner involves the parent moving to another area and the move will make it significantly more difficult for the child to spend time with the other parent. [Section 7A inserted: No. 35 of 2006 s. 171.] 7B. Meaning of debtor subject to a personal insolvency agreement — FLA s. 5 For the purposes of this Act, a person is a debtor subject to a personal insolvency agreement if — (a) the person is a debtor (within the meaning of the Bankruptcy Act Part X); and (b) the person executes a personal insolvency agreement; and (c) the agreement has not come to an end (as defined in the Bankruptcy Act section 5(1)). [Section 7B inserted: No. 28 of 2022 s. 5.] 8. Meaning of court Unless the contrary intention appears, a reference in Parts 4, 4A, 4AA, 4B, 4C, 5, 5A, 6, 8, 9, 10, 10A, 11 and 12 and Schedule 2 to a court is a reference to — (a) the Court; and (b) the Magistrates Court constituted so as to be able, under section 39, to exercise the Court's non‑federal jurisdictions. [Section 8 amended: No. 25 of 2002 s. 30; No. 59 of 2004 s. 95; No. 49 of 2024 s. 8.] 9A. Meaning of family violence etc. — FLA s. 4AB (1) For the purposes of this Act, family violence means violent, threatening or other behaviour by a person that coerces or controls a member of the person's family (the family member), or causes the family member to be fearful. (2) Examples of behaviour that may constitute family violence include (but are not limited to) — (a) an assault; or (b) a sexual assault or other sexually abusive behaviour; or (c) stalking; or (d) repeated derogatory taunts; or (e) intentionally damaging or destroying property; or (f) intentionally causing death or injury to an animal; or (g) unreasonably denying the family member the financial autonomy that he or she would otherwise have had; or (h) unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or his or her child, at a time when the family member is entirely or predominantly