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