View source for Section 51xxxvii of the Constitution of Australia

Section 51(xxxvii) of the Constitution of Australia is a provision in the Australian Constitution which empowers the Australian Parliament to legislate on matters referred to it by any state. The Australian Constitution limits Commonwealth power (see Section 51 and Section 52) The referral power has been quite important in allowing the Commonwealth to enact legislation. The issue of revocability has not been clarified today. Uncertainty may lead to the use instead of mirror legislation (see below), in which the states retain their legislative power. This list is not comprehensive. Rather, it intends to highlight some significant examples of the referral of powers and demonstrate how and why the power is used by the Commonwealth. It is intended to highlight the significant causes of divorce and matrimonial causes in Australia, including custody of children born outside a marriage and access of children to the Commonwealth's child welfare services. However, the Australian Family Court has ruled that referral of children in non-specialist state courts is a matter of special contention. This is a contention that is frequently brought up in family court cases, including in the case of Thomas v Mowbray.