[Lara1986]

I would think that the fact that it says "prescribed circumstances" refers to those prescribed by legislation etc and not by the judiciary.


You'll notice that statutes that allow the court to determine what relevant factors/conditions/circumstances etc are seem to say "as the Court may see fit" or "any other circumstances as the Court may consider relevant" etc.

The absence of any reference to a Court and the use of the word 'prescribed' to me indicates some form of legislative, written law such as in delegated legislation or another related piece of legislation.