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Family Law Amendment Regulations 2007 (No. 1)

Authoritative Version
  • - F2007L00988
  • No longer in force
SLI 2007 No. 82 Regulations as made
These Regulations amend the Family Law Regulations 1984 to reflect changes introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006 and to make minor technical amendments to align the numbering of the regulations with the numeric order of the sections of the Act to which they relate.
Administered by: Attorney-General's
Registered 16 Apr 2007
Tabling HistoryDate
Tabled HR08-May-2007
Tabled Senate09-May-2007
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Family Law Amendment Regulations 2007 (No. 1)1

Select Legislative Instrument 2007 No. 82

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Family Law Act 1975.

Dated 12 April 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

PHILIP RUDDOCK


  

  

1              Name of Regulations

                These Regulations are the Family Law Amendment Regulations 2007 (No. 1).

2              Commencement

                These Regulations commence on the day after they are registered.

3              Amendment of Family Law Regulations 1984

                Schedule 1 amends the Family Law Regulations 1984.


Schedule 1        Amendments

(regulation 3)

  

[1]           Subregulation 3 (1), before definition of Act

insert

accredited family dispute resolution practitioner means a person accredited as a family dispute resolution practitioner under Part 4A.

[2]           Subregulation 3 (1), after definition of conference

insert

family dispute resolution applicant means a person who applies for registration in the Family Dispute Resolution Register as:

                (a)    a family dispute resolution practitioner; or

               (b)    a transitional family dispute resolution practitioner.

Family Dispute Resolution Register means the register established and maintained under regulation 59A.

[3]           Subregulation 3 (1), after definition of Secretary

insert

Shared Parental Responsibility Act means the Family Law Amendment (Shared Parental Responsibility) Act 2006.

[4]           Subregulation 3 (1), after definition of State Family Court

supervised family dispute resolution has the meaning given by regulation 3AA.

[5]           Subregulation 3 (1), after definition of the former Regulations

insert

transitional family dispute resolution practitioner means a person taken, under item 124 of Schedule 4 to the Shared Parental Responsibility Act, to be a family dispute resolution practitioner.

[6]           After regulation 3

insert

3AA        Supervised family dispute resolution

         (1)   Dispute resolution conducted by a person is supervised family dispute resolution if:

                (a)    it is supervised by a family dispute resolution practitioner who has at least 12 months experience in providing family dispute resolution or by a person who regularly gives, on behalf of an education and training provider, training in family dispute resolution; and

               (b)    it includes:

                          (i)    preparation by the person for a family dispute resolution session; or

                         (ii)    de‑briefing of the person by the supervisor after conducting or attending family dispute resolution; or

                         (iii)    presentation, to the supervisor or a group, of a summary of the matters dealt with in the family dispute resolution session and of the conduct and results of the session.

         (2)   Unless the person and the supervisor have determined that it is impracticable to do so, the supervised family dispute resolution must include:

                (a)    direct supervision of the person during the conduct of family dispute resolution; or

               (b)    attendance by the person at family dispute resolution conducted by the supervisor.

[7]           Regulations 7 and 8

substitute

7              Appointment of family consultants (Act s 11B)

                For paragraph 11B (c) of the Act, a family consultant may be appointed in writing by:

                (a)    the Chief Executive Officer of the Family Court of Australia; or

               (b)    the Chief Executive Officer of the Federal Magistrates Court.

8              Prescribed information about non‑court based family services and court’s processes and services (Act s 12B)

                For section 12B of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act in relation to non‑court based family services and court’s processes and services is information about:

                (a)    the legal and possible social effects of the proposed proceedings (including the consequences for children whose care, welfare or development is likely to be affected by the proceedings); and

               (b)    the services provided by family counsellors and family dispute resolution practitioners to help people affected by separation or divorce; and

                (c)    the steps involved in the proposed proceedings; and

               (d)    the role of family consultants; and

                (e)    the arbitration facilities available to arbitrate disputes in relation to separation and divorce.

8A           Prescribed information about reconciliation (Act s 12C)

                For section 12C of the Act, the information that must be included in documents provided to persons under Part IIIA of the Act is information about family counselling and family dispute resolution services.

Note   Section 13B of the Act allows a court to adjourn proceedings to give the parties the opportunity to consider a reconciliation. The parties will be advised in such circumstances to attend family counselling or other appropriate services.

8B           Prescribed information about Part VII proceedings (Act s 12D)

                For section 12D of the Act, the information that must be included in documents provided under Part IIIA of the Act to persons involved in Part VII proceedings, is information about family counselling services available to assist the parties and the child or children concerned in the proceedings to adjust to the consequences of orders made under Part VII of the Act.

Note   Part VII deals with issues including parental responsibility, parenting orders and maintenance orders in relation to a child or children concerned in the proceedings.

[8]           After regulation 12CA

insert

12CAA   Certificate by family dispute resolution practitioner (Act s 60I (8))

         (1)   A certificate that may be given by a family dispute resolution practitioner under subsection 60I (8) of the Act must be in accordance with the form in Schedule 7A.

         (2)   The validity of:

                (a)    proceedings on an application for an order under Part VII of the Act; or

               (b)    any order made in those proceedings;

is not affected by a failure to comply with subregulation (1).

[9]           After Part IV

insert

Part 4A               Accreditation Rules

Division 1              Preliminary

57            Definitions

                In this Part:  

appropriate degree, diploma or other qualification means:

                (a)    a degree, diploma or other qualification that represents a course of study that is, or is the equivalent of, at least 3 years of full time study:

                          (i)    in law; or

                         (ii)    in a social science relevant to the provision of family dispute resolution; or

                         (iii)    in conflict management; or

                        (iv)    that includes the equivalent of 2 years of full time study in conflict management or a social science relevant to the provision of family dispute resolution; or

               (b)    a degree, diploma or other qualification that represents a course of study that is, or is the equivalent of, at least 1 year of full time study in mediation or dispute resolution; or

                (c)    a graduate or post graduate diploma, masters degree or doctorate in:

                          (i)    law; or

                         (ii)    a social science relevant to the provision of family dispute resolution; or

                         (iii)    conflict management; or

                        (iv)    mediation; or

                         (v)    dispute resolution.

Examples of social sciences relevant to the provision of family dispute resolution

·         psychology (including behavioural science)

·         sociology (including social work).

education and training provider means:

                (a)    a university; or

               (b)    a college of advanced education; or

                (c)    a higher education provider established or recognised by or under a law of the Commonwealth, a State, the Australian Capital Territory or the Northern Territory; or

               (d)    a Registered Training Organisation.

Registered Training Organisation means an organisation that is registered by a training recognition authority under a law of a State, the Australian Capital Territory or the Northern Territory as an organisation that is qualified:

                (a)    to deliver training or conduct assessments; and

               (b)    to issue nationally recognised qualifications in accordance with the Australian Quality Training Framework.

Division 2              Accreditation of persons as family dispute resolution practitioners

58            Family dispute resolution practitioners under section 10G of Act

         (1)   For paragraph (a) of the definition of family dispute resolution practitioner in section 10G of the Act, a person who meets the requirements of subregulation (2) and who is accredited by the Secretary under regulation 58A is a family dispute resolution practitioner.

         (2)   A person meets the requirements of this subregulation if:

                (a)    the person:

                          (i)    is a legal practitioner; or

                         (ii)    has been awarded an appropriate degree, diploma or other qualification by an education and training provider; and

               (b)    the person has completed at least 5 days training in family dispute resolution, including at least 1 training course of a duration of at least 3 days; and

                (c)    the person has engaged in at least 10 hours of supervised family dispute resolution; and

               (d)    the person would otherwise be eligible for registration as a family dispute resolution practitioner under subregulation 60D (1).

Note   The Department is developing new standards, that will incorporate the qualifications developed by the Community Services and Health Industry Skills Council, that are proposed to replace these criteria.

58A         Accreditation of persons who meet requirements of subregulation 58 (2)

         (1)   The Secretary must accredit a person as a family dispute resolution practitioner for paragraph (a) of the definition of family dispute resolution practitioner in section 10G of the Act if the person meets the requirements of subregulation 58 (2).

         (2)   If the Secretary decides not to accredit a person, the Secretary must give the person written notice of:

                (a)    the decision and the reasons for it; and

               (b)    the person’s review rights under regulation 61E.

58B         Conditions of accreditation

         (1)   An accredited family dispute resolution practitioner’s accreditation is subject to the following conditions:

                (a)    that the practitioner apply for registration, and be registered in the Family Dispute Resolution Register, as a family dispute resolution practitioner within 6 months after accreditation;

               (b)    that the practitioner comply with any request for information by the Secretary;

                (c)    that the practitioner notify the Secretary, in writing, about any change in the practitioner’s name or contact details within 28 days after the change;

               (d)    that the practitioner notify the Secretary, in writing, about any matter that may affect the practitioner’s eligibility to continue to be accredited, within 7 days after the occurrence of the event, including:

                          (i)    whether the practitioner has been prohibited under a law of a State or Territory from working with children; and

                         (ii)    whether the practitioner has failed to comply with a law of a State or Territory relating to employment of persons working with children; and

                         (iii)    whether the practitioner has been charged with, or convicted of, an offence mentioned in subregulation 60D (3); and

                        (iv)    whether the practitioner has ceased to provide family dispute resolution services and the reasons for it;

                (e)    that the accreditation cannot extend beyond 30 June 2009.

         (2)   The Secretary may, by notice in writing given to an accredited family dispute resolution practitioner:

                (a)    add a condition to the accreditation; or

               (b)    vary a condition of the accreditation; or

                (c)    revoke a condition of the accreditation.

         (3)   The notice must mention the practitioner’s review rights under regulation 61E.

         (4)   An accredited family dispute resolution practitioner must comply with the conditions to which his or her accreditation is subject, including a condition that has been added or varied.

58C         Revocation of accreditation

         (1)   The Secretary may revoke the accreditation of an accredited family dispute resolution practitioner if the Secretary is satisfied that the practitioner:

                (a)    fails to meet the requirements of subregulation 58 (2); or

               (b)    knowingly gave false or misleading information, or failed to disclose material information, in order to be accredited; or

                (c)    fails, or ceases, to be registered as a family dispute resolution practitioner in the Family Dispute Resolution Register; or

               (d)    has failed to comply with any other condition of the accreditation.

         (2)   If the Secretary is of the opinion that the accreditation should be revoked, the Secretary must:

                (a)    notify the practitioner, in writing, of the Secretary’s opinion and the reasons for the opinion; and

               (b)    ask the practitioner to show cause, in writing, within a specified period of at least 28 days after receipt of the notice, why the accreditation should not be revoked.

         (3)   If the Secretary is not satisfied that the practitioner has shown adequate cause within the specified period, the Secretary may revoke the practitioner’s accreditation.

         (4)   If the Secretary decides to revoke a practitioner’s accreditation, the Secretary must give the practitioner written notice of the decision, stating:

                (a)    the reasons for the decision; and

               (b)    the date when the revocation takes effect; and

                (c)    the practitioner’s review rights under regulation 61E; and

               (d)    the practitioner’s registration in the Family Dispute Resolution Register will be cancelled.

Part 4B               Registration or listing of family dispute resolution providers

Division 1              Preliminary

59            Definition

                In this Part:

approved family dispute resolution organisation means:

                (a)    an organisation for which an approval is in force under item 125 of Schedule 4 to the Shared Parental Responsibility Act; or

               (b)    an organisation that is taken to be an approved family dispute resolution organisation because of item 128 of Schedule 4 to the Shared Parental Responsibility Act.

59A         Family Dispute Resolution Register

         (1)   The Secretary must establish and maintain a register, to be known as the Family Dispute Resolution Register.

         (2)   The Family Dispute Resolution Register must include:

                (a)    the names and contact details of persons registered as family dispute resolution practitioners; and

               (b)    the list, mentioned in regulation 61A, of organisations designated by the Minister for paragraph (b) of the definition of family dispute resolution practitioner in section 10G of the Act; and

                (c)    until 30 June 2009:

                          (i)    the names and contact details of persons registered as transitional family dispute resolution practitioners; and

                         (ii)    the list, mentioned in regulation 61B, of approved family dispute resolution organisations.

         (3)   The Family Dispute Resolution Register may be maintained in any form, including as a computer record or by other electronic means.

59B         Powers and functions of Secretary in relation to Family Dispute Resolution Register

         (1)   In addition to the powers and functions conferred by other provisions of these Regulations, the powers and functions of the Secretary in relation to the registration of persons in the Family Dispute Resolution Register include the following:

                (a)    to monitor compliance with registration requirements;

               (b)    to ensure that persons comply with the conditions of their registration, particularly those relating to continuing education, training or professional development requirements;

                (c)    to make enquiries relating to compliance with the conditions of registration;

               (d)    to request information from persons or organisations;

                (e)    to determine the form in which the Family Dispute Resolution Register is to be maintained;

                (f)    to determine the details that must be included in the Family Dispute Resolution Register;

                (g)    to determine how an individual may access or obtain information relating to the individual in the Family Dispute Resolution Register;

                (h)    to determine the form of, and the manner of giving, extracts from the Family Dispute Resolution Register;

                 (i)    to make corrections to the Family Dispute Resolution Register.

         (2)   The Secretary has the power to do all things necessary or convenient to be done for the performance of his or her functions under this Part.

Division 2              Registration of family dispute resolution practitioners

60            Form of application

         (1)   An application for registration in the Family Dispute Resolution Register must:

                (a)    be in writing and in a form approved by the Secretary; and

               (b)    include the information mentioned in regulation 60A; and

                (c)    be accompanied by evidence that the family dispute resolution applicant is:

                          (i)    the kind of family dispute resolution practitioner that he or she claims to be; or

                         (ii)    a transitional family dispute resolution practitioner.

         (2)   The form may require the family dispute resolution applicant to make a statutory declaration about information, documents or other matters given by the family dispute resolution applicant in or with the application.

60A         Information to be included in application

                The following information must be included in an application for registration:

                (a)    the name and contact details of the family dispute resolution applicant;

               (b)    whether the family dispute resolution applicant is applying for registration as:

                          (i)    a family dispute resolution practitioner of the kind mentioned in paragraph (a), (b), (c), (d) or (e) of the definition of family dispute resolution practitioner in section 10G of the Act; or

                         (ii)    a transitional family dispute resolution practitioner;

                (c)    if the family dispute resolution applicant is applying for registration as an accredited family dispute resolution practitioner — a statement about how the family dispute resolution applicant meets the requirements of subregulation 58 (2);

               (d)    a statement to the effect that the family dispute resolution applicant:

                          (i)    is not prohibited under a law of a State or Territory from working with children; and

                         (ii)    has complied with the laws for employment of persons working with children in each of the States and Territories in which the family dispute resolution applicant will provide family dispute resolution services; and

                         (iii)    is not disqualified from registration under subregulation 60D (3);

                (e)    particulars about a complaints mechanism to which persons who use the family dispute resolution applicant’s services as a family dispute resolution practitioner may have recourse if they wish to complain about services provided;

Examples of complaints mechanism

·             internal complaints mechanism established by an organisation of which the family dispute resolution applicant is an affiliate or employee or on whose behalf the family dispute resolution applicant provides services

·             complaints mechanism established by a professional association of which the family dispute resolution applicant is a member

·             complaints procedures of statutory bodies established by the Commonwealth, a State or Territory.

                (f)    any other matter required by the Secretary by notice given to the family dispute resolution applicant.

60B         Decision on application

         (1)   On receiving an application for registration, the Secretary must:

                (a)    register the family dispute resolution applicant; or

               (b)    refuse to register the family dispute resolution applicant; or

                (c)    ask the family dispute resolution applicant, by written notice, to give the Secretary additional information necessary to assist in deciding whether to register the family dispute resolution applicant.

         (2)   If the Secretary asks the family dispute resolution applicant to give additional information:

                (a)    the information must be given within the period specified in the notice; and

               (b)    the Secretary is not required to consider the application while waiting for the information to be given.

         (3)   If the information is not given within the period specified in the notice, the application is taken to have been withdrawn.

         (4)   In deciding an application, the Secretary:

                (a)    must have regard to:

                          (i)    the information included in the application; and

                         (ii)    evidence, documents and other matters accompanying the application; and

                         (iii)    any additional information given under paragraph (2) (a); and

               (b)    may have regard to any other relevant information.

60C         Notice of decision

         (1)   If the Secretary decides to register a family dispute resolution applicant, the Secretary must give the family dispute resolution applicant written notice of the decision, stating that the registration is subject to any conditions mentioned in the notice and to the conditions mentioned in regulation 60F.

         (2)   If the Secretary decides not to register a family dispute resolution applicant, the Secretary must give the family dispute resolution applicant written notice of:

                (a)    the decision and the reasons for it; and

               (b)    the family dispute resolution applicant’s review rights under regulation 61E.

60D         Who is eligible for registration?

Eligibility — family dispute resolution practitioner

         (1)   A person is eligible for registration as a family dispute resolution practitioner if the Secretary is satisfied that the person:

                (a)    is a family dispute resolution practitioner; and

               (b)    has applied in accordance with regulations 60 and 60A; and

                (c)    is not prohibited under a law of a State or Territory from working with children; and

               (d)    has complied with the laws for employment of persons working with children in each of the States and Territories in which the family dispute resolution applicant will provide family dispute resolution services; and

                (e)    has access to a complaints mechanism mentioned in paragraph 60A (e); and

                (f)    is not disqualified from registration under subregulation (3).

Eligibility — transitional family dispute resolution practitioner

         (2)   Until 30 June 2009, a person is eligible for registration as a transitional family dispute resolution practitioner if the Secretary is satisfied that the person:

                (a)    is a transitional family dispute resolution practitioner; and

               (b)    has applied in accordance with regulations 60 and 60A; and

                (c)    is not prohibited under a law of a State or Territory from working with children; and

               (d)    has complied with the laws for employment of persons working with children in each of the States and Territories in which the family dispute resolution applicant will provide family dispute resolution services; and

                (e)    has access to a complaints mechanism mentioned in paragraph 60A (e); and

                (f)    is not disqualified from registration under subregulation (3).

Disqualification

         (3)   The Secretary must not register a person as a family dispute resolution practitioner or a transitional family dispute resolution practitioner if the person has been convicted of:

                (a)    an offence involving violence to a person; or

               (b)    a sex related offence, including rape, sexual assault, indecent assault, unlawful sexual acts with or upon minors, child pornography, procuring or trafficking of a child for indecent purposes or being knowingly concerned with the prostitution of a child.

Note   Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.

60E         Registration

         (1)   If the Secretary decides to register a family dispute resolution applicant, the Secretary must enter the family dispute resolution applicant’s name in:

                (a)    the list of family dispute resolution practitioners; or

               (b)    the list of transitional family dispute resolution practitioners.

         (2)   Registration takes effect on the day the Secretary enters the family dispute resolution applicant’s name in the Family Dispute Resolution Register.

         (3)   The Secretary may allocate a registration number to a person whose name is entered in the Family Dispute Resolution Register.

         (4)   A person whose name is entered in the Family Dispute Resolution Register is entitled to an excerpt from the Register, showing that the person is, as at the date mentioned in the excerpt, registered as:

                (a)    a family dispute resolution practitioner of the kind mentioned in paragraph (a), (b), (c), (d) or (e) of the definition of family dispute resolution practitioner in section 10G of the Act; or

               (b)    a transitional family dispute resolution practitioner.

60F         Conditions of registration

Family dispute resolution practitioner

         (1)   A person’s registration as a family dispute resolution practitioner is subject to the following conditions:

                (a)    that the person comply with any request for information by the Secretary;

               (b)    that the person notify the Secretary about any change in the person’s name and contact details;

                (c)    that the person notify the Secretary about any matter that may affect the person’s eligibility to continue to be registered, including:

                          (i)    whether the person has been prohibited under a law of a State or Territory from working with children; and

                         (ii)    whether the person has failed to comply with a law of a State or Territory relating to employment of persons working with children; and

                         (iii)    whether the person has been charged with, or convicted of, an offence mentioned in subregulation 60D (3); and

                        (iv)    whether the person has ceased to provide family dispute resolution services and the reasons for it; and

                         (v)    whether the person has ceased to have access to a complaints mechanism mentioned in paragraph 60A (e);

               (d)    that the person undertake at least 24 hours education, training or professional development in family dispute resolution (which may include supervised family dispute resolution) in each 24 month period commencing on the day of the person’s registration as a family dispute resolution practitioner.

Transitional family dispute resolution practitioner

         (2)   A person’s registration as a transitional family dispute resolution practitioner is subject to the following conditions:

                (a)    that the person comply with any request for information by the Secretary;

               (b)    that the person notify the Secretary about any change in the person’s name and contact details;

                (c)    that the person notify the Secretary about any matter that may affect the person’s eligibility to continue to be registered, including:

                          (i)    whether the person has been prohibited under a law of a State or Territory from working with children; and

                         (ii)    whether the person has failed to comply with a law of a State or Territory relating to employment of persons working with children; and

                         (iii)    whether the person has been charged with, or convicted of, an offence mentioned in subregulation 60D (3); and

                        (iv)    whether the person has ceased to provide family dispute resolution services and the reasons for it; and

                         (v)    whether the person has ceased to have access to a complaints mechanism mentioned in paragraph 60A (e);

               (d)    that the person undertake at least 24 hours education, training or professional development (which may include supervised family dispute resolution) in family dispute resolution before 1 May 2009;

                (e)    that the registration cannot extend beyond 30 June 2009.

         (3)   Notice under subregulation (1) or (2) must be in writing and must be given:

                (a)    for a notice under paragraph (1) (b) or (2) (b) — within 28 days after the change; or

               (b)    for a notice under paragraph (1) (c) or (2) (c) — within 7 days after the occurrence of the event.

         (4)   The Secretary may, by notice in writing given to a person registered as a family dispute resolution practitioner or a transitional family dispute resolution practitioner:

                (a)    add a condition to the registration; or

               (b)    vary a condition of the registration; or

                (c)    revoke a condition of the registration.

         (5)   The notice must mention the person’s review rights under regulation 61E.

         (6)   A person must comply with the conditions to which his or her registration is subject, including a condition that has been added or varied.

60G         Suspension of registration

Grounds — family dispute resolution practitioner

         (1)   The Secretary may suspend a person’s registration as a family dispute resolution practitioner if the Secretary is satisfied that the person:

                (a)    has failed to comply with a condition (other than the condition mentioned in paragraph 60F (1) (d)) of his or her registration; or

               (b)    is charged with an offence mentioned in subregulation 60D (3); or

                (c)    has ceased to have access to a complaints mechanism mentioned in paragraph 60A (e); or

               (d)    subject to regulation 60N, fails to undertake the 24 hours education, training or professional development required under paragraph 60F (1) (d); or

                (e)    has engaged in conduct that is likely to bring family dispute resolution into disrepute.

Grounds — transitional family dispute resolution practitioner

         (2)   The Secretary may suspend a person’s registration as a transitional family dispute resolution practitioner if the Secretary is satisfied that:

                (a)    any of the grounds mentioned in paragraphs (1) (a) to (c) apply to the person; or

               (b)    the person fails to undertake the 24 hours education, training or professional development required under paragraph 60F (2) (d); or

                (c)    the person has engaged in conduct that is likely to bring family dispute resolution into disrepute.

60H         Cancellation of registration

Grounds — family dispute resolution practitioner

         (1)   The Secretary may cancel a person’s registration as a family dispute resolution practitioner in the Family Dispute Resolution Register if the Secretary is satisfied that:

                (a)    any of the grounds mentioned in paragraph 60G (1) (a) and (c) apply to the person; or

               (b)    the person has been convicted of an offence mentioned in subregulation 60D (3); or

                (c)    the person has ceased to be a family dispute resolution practitioner; or

               (d)    the person knowingly gave false or misleading information, or failed to disclose material information, in order to be registered; or

                (e)    subject to regulation 60N, the person fails to undertake the 24 hours education, training or professional development required under paragraph 60F (1) (d); or

                (f)    a complaint against the person, for conduct that may be an offence mentioned in subregulation 60D (3) or that is likely to bring family dispute resolution into disrepute, is substantiated through a complaints mechanism mentioned in paragraph 60A (e); or

                (g)    the person has been prohibited under a law of a State or Territory from working with children; or

                (h)    the person has failed to comply with a law of a State or Territory relating to employment of persons working with children; or

                 (i)    the person has engaged in conduct that is likely to bring family dispute resolution into disrepute.

Grounds — transitional family dispute resolution practitioner

         (2)   The Secretary may cancel a person’s registration as a transitional family dispute resolution practitioner if the Secretary is satisfied that:

                (a)    any of the grounds mentioned in paragraphs 60G (1) (a) and (c) applies to the person; or

               (b)    the person has been convicted of an offence mentioned in subregulation 60D (3); or

                (c)    the person has ceased to be a transitional family dispute resolution practitioner; or

               (d)    the person knowingly gave false or misleading information, or failed to disclose material information, in order to be registered; or

                (e)    the person fails to undertake the 24 hours education, training or professional development required under paragraph 60F (2) (d); or

                (f)    a complaint against the person, for conduct that may be an offence mentioned in subregulation 60D (3) or that is likely to bring family dispute resolution into disrepute, is substantiated through a complaints mechanism mentioned in paragraph 60A (e); or

                (g)    the person has been prohibited under a law of a State or Territory from working with children; or

                (h)    the person has failed to comply with a law of a State or Territory relating to employment of persons working with children; or

                 (i)    the person has engaged in conduct that is likely to bring family dispute resolution into disrepute.

60J         Notice to show cause and decision

         (1)   If the Secretary is of the opinion that a person’s registration should be suspended or cancelled, the Secretary must:

                (a)    notify the person, in writing, of the Secretary’s opinion and the reasons for the opinion; and

               (b)    ask the person to show cause, in writing, within a specified period of at least 28 days after receipt of the notice, why the registration should not be suspended or cancelled.

         (2)   If the Secretary is not satisfied that the person has shown adequate cause within the specified period, the Secretary may suspend or cancel the person’s registration.

         (3)   Nothing in this regulation prevents the Secretary from suspending a person’s registration immediately after the person:

                (a)    is convicted of an offence mentioned in subregulation 60D (3); or

               (b)    is prohibited under a law of a State or Territory from working with children; or

                (c)    fails to comply with a law of a State or Territory relating to employment of persons working with children.

60K         Notice of suspension

                If the Secretary decides to suspend a person’s registration (whether or not the person was asked to show cause why the person’s suspension should not be suspended), the Secretary must give the person written notice of the suspension, stating:

                (a)    the reasons for, and the effect of, the suspension; and

               (b)    the date when the suspension takes effect; and

                (c)    the date, if any, when the suspension ends; and

               (d)    what the person must do, or the event that must occur, in order to end the suspension; and

                (e)    the person’s review rights under regulation 61E.

60L         Notice of cancellation

                If the Secretary decides to cancel a person’s registration, the Secretary must give the person written notice of the suspension, stating:

                (a)    the reasons for, and the effect of, the cancellation; and

               (b)    the date when the cancellation takes effect; and

                (c)    the person’s review rights under regulation 61E.

60M        Automatic cancellation

                The Secretary must cancel a person’s registration if:

                (a)    the person requests the Secretary, in writing, to do so; or

               (b)    for an accredited family dispute resolution practitioner — the person’s accreditation is revoked; or

                (c)    the person dies.

60N         Extension of time for education, training or professional development

                If the Secretary becomes aware that a person who is registered as a family dispute resolution practitioner has failed to undertake the 24 hours education, training or professional development required under paragraph 60F (1) (d), the Secretary may, instead of suspending or cancelling the person’s registration, give the person a specified period within which to comply with the requirement.

Division 3              List of organisations

61A         Designated organisations

         (1)   The Secretary must maintain, as part of the Family Dispute Resolution Register, a list of organisations designated by the Minister for paragraph (b) of the definition of family dispute resolution practitioner in section 10G of the Act.

         (2)   The Secretary may allocate an identification number to an organisation included in the list.

         (3)   The Secretary must remove the name of organisation from the list if the organisation’s designation is revoked.

61B         Approved family dispute resolution organisations

         (1)   The Secretary must maintain, as part of the Family Dispute Resolution Register, a list of approved family dispute resolution organisations.

         (2)   The Secretary may allocate an identification number to an organisation included in the list.

         (3)   The Secretary must remove the name of organisation from the list if, under item 126 of Schedule 4 to the Shared Parental Responsibility Act:

                (a)    the organisation ceases to be approved under item 125 of that Schedule; or

               (b)    the organisation’s approval as a family dispute resolution organisation is revoked.

Note   The list ceases to a part of the Family Dispute Resolution Register on 1 July 2009 (see subparagraph 59A (2) (c) (ii)).

61C         Obligation of organisations

                An organisation included in the list mentioned in regulation 61A or 61B must comply with any request for information by the Secretary.

Part 4C               Miscellaneous

Division 1              Offences

61D         Offences

         (1)   A person is guilty of an offence if the person fails to notify the Secretary of a change or matter in accordance with paragraph 58B (1) (d) or 60F (1) (c) or (2) (c).

Penalty:   10 penalty units.

         (2)   A person is guilty of an offence if the person fails to notify the Secretary of a change or matter in accordance with paragraph 58B (1) (c) or 60F (1) (b) or (2) (b).

Penalty:   5 penalty units.

         (3)   A person is guilty of an offence if the person knowingly makes a false or misleading representation about a person’s accreditation or registration.

Penalty:   10 penalty units.

         (4)   An offence against subregulation (1) or (2) is an offence of strict liability.

Division 2              Review of decisions

61E         Review by the AAT

                An application may be made to the Administrative Appeals Tribunal for the review of the following decisions:

                (a)    a decision, under subregulation 58A (2), not to accredit a person;

               (b)    a decision, under subregulation 58B (2), to add or vary a condition to an accredited family dispute resolution practitioner’s accreditation;

                (c)    a decision, under regulation 58C, to revoke the accreditation of an accredited family dispute resolution practitioner;

               (d)    a decision, under subregulation 60C (2), not to register a family dispute resolution applicant;

                (e)    a decision, under subregulation 60F (4), to add or vary a condition to a person’s registration;

                (f)    a decision, under subregulation 60J (3), to suspend immediately a person’s registration in the Family Dispute Resolution Register;

                (g)    a decision, under regulation 60K, to suspend a person’s registration in the Family Dispute Resolution Register;

                (h)    a decision under regulation 60L, to cancel a person’s registration in the Family Dispute Resolution Register.

[10]         Regulation 63

substitute

62A         Family dispute resolution practitioner certificates

         (1)   For subsection 60I (7) of the Act, an applicant may file a certificate only within 12 months after the latest family dispute resolution or attempted family dispute resolution.

         (2)   The practitioner may give a certificate under paragraph 60I (8) (aa) of the Act only after having regard to the matters mentioned in subregulation 62 (2).

         (3)   A family dispute resolution practitioner must not give a certificate under subsection 60I (8) of the Act to a person more than 12 months after the person last attended, or attempted to attend, family dispute resolution about the issue or issues that the order, for which the application was made, would deal with.

         (4)   A family dispute resolution practitioner may give a certificate under paragraph 60I (8) (a) of the Act only if the practitioner has contacted each party who has failed to attend at least twice, with at least 1 contact in writing:

                (a)    giving the party a reasonable choice of days and times for attendance at family dispute resolution; and

               (b)    telling the party that, if the party does not attend family dispute resolution:

                          (i)    the practitioner may give a certificate under paragraph 60I (8) (a) of the Act; and

                         (ii)    the certificate may be taken into account by a court when determining whether to make an order under section 13C of the Act referring the parties to family dispute resolution or to award costs against a party under section 117 of the Act.

         (5)   If the family dispute resolution practitioner who is entitled to give a certificate under subsection 60I (8) of the Act becomes incapable of giving the certificate, the certificate may be given on behalf of the practitioner by an organisation for which the practitioner has provided family dispute resolution services.

Examples of incapacity

Death of the practitioner, loss of accreditation, inability to be contacted.

63            Information to be given to parties before family dispute resolution

         (1)   Before family dispute resolution is started under subregulation 62 (3), each party to the family dispute resolution must be given the following information:

                (a)    that it is not the role of the family dispute resolution practitioner to give people legal advice (unless the family dispute resolution practitioner is also a legal practitioner);

               (b)    the family dispute resolution practitioner’s confidentiality and disclosure obligations under section 10H of the Act;

                (c)    that, provided section 10J of the Act applies, evidence of anything said, or an admission made, at family dispute resolution is not admissible:

                          (i)    in any court (whether exercising federal jurisdiction or not); or

                         (ii)    in any proceedings before a person authorised by a law of the Commonwealth or a State or Territory, or by the consent of the parties, to hear evidence;

               (d)    the qualifications of the family dispute resolution practitioner to be a family dispute resolution practitioner;

                (e)    the fees (including any hourly rate) charged by the family dispute resolution practitioner in respect of the family dispute resolution;

                (f)    that family dispute resolution must be attended if required under section 60I of the Act, before applying for an order under Part VII of the Act;

                (g)    that, if a person wants to apply to the court for an order under Part VII of the Act, the family dispute resolution practitioner may provide a certificate under subsection 60I (8) of the Act, including a certificate to the effect that the person:

                          (i)    did not attend family dispute resolution due to the refusal, or the failure, of the other party or parties to the proceedings to attend; or

                         (ii)    attended family dispute resolution with the other party or parties to the proceedings but that the person, the other party or another of the parties did not make a genuine effort to resolve the issue or issues;

                (h)    if a certificate under subsection 60I (8) of the Act is filed, the court may take it into account in considering whether to make an order under section 13C of the Act referring the parties to family dispute resolution or to award costs against a party under section 117 of the Act;

                 (i)    information about the complaints mechanism that a person who wants to complain about the family dispute resolution services may use.

Note 1   Paragraphs (b) and (c) outline the general rule that communications during family dispute resolution are confidential and not admissible in court. However, sections 10H and 10J of the Act specify exceptions to the general rule when disclosure by a family dispute resolution practitioner is permitted.

Note 2   Sections 12G and 63DA of the Act may impose additional information‑giving obligations.

         (2)   A family dispute resolution practitioner must not start family dispute resolution until subregulation (1) is complied with.

 [11]        Regulation 82

substitute

82            Shared Parental Responsibility Act — end of transition period

                For the definition of transition period in subitem 118 (2) of Schedule 4 to the Shared Parental Responsibility Act, the day prescribed is 30 June 2009.

[12]         Regulation 83, heading

substitute

83            Transitional arrangements under Shared Parental Responsibility Act

[13]         Subregulation 83 (1)

omit

Family Law Amendment (Shared Parental Responsibility) Act 2006,

insert

Shared Parental Responsibility Act,

[14]         Sub‑subparagraph 83 (1) (a) (i) (A)

omit

has been

insert

is a legal practitioner or has been

[15]         Paragraph 83 (1) (b)

substitute

               (b)    the person undertakes at least 12 hours education or training in family dispute resolution each calendar year and no more than 12 months elapse between periods of education or training; and

                (c)    the person would otherwise be eligible for registration under subregulation 60D (1); and

               (d)    the person applies for registration, and is registered, on the Family Dispute Resolution Register before 1 July 2007.

[16]         After Schedule 7

insert

Schedule 7A      Certificate by family dispute resolution practitioner

(regulation 12CAA)

Certificate by family dispute resolution practitioner ‑

Section 60I of the Family Law Act 1975 (Cth)

Dispute about matters that may be dealt with under Part VII of the Act between

_____________________________________________________ (parties)

in relation to

_____________________________________________________ (issues in dispute)

 

I, _______________________ (*Name of family dispute resolution practitioner)

 

state:

 

(a)    _______________________ (party or parties) did not attend family dispute resolution with me and the other party or parties to the proceedings but that person’s failure to do so was due to the refusal, or the failure, of the other party or parties to the proceedings to attend

 

(b)   _______________________ (party or parties) did not attend family dispute resolution with me and the other party or parties to the proceedings because I consider, having regard to the matters mentioned in subregulation 62 (2), that it would not be appropriate to conduct the proposed family dispute resolution

 

(c)    _______________________ (parties) attended family dispute resolution with me and all attendees made a genuine effort to resolve the issue or issues in dispute

 

(d)   _______________________ (party or parties) attended family dispute resolution with me and the other party or parties to the proceedings but _______________________ (party or parties) did not make a genuine effort to resolve the issue or issues in dispute.

 

 

(*Name of family dispute resolution practitioner)

 

(**Signature of family dispute resolution practitioner)

 

(Registration Number)

 

(Organisation, if applicable)

 

(Date of certificate)

 

Date of last attempted attendance at family dispute resolution (for (a) and (b))

 

OR

 

(Date of last attendance at family dispute resolution (for (c) and (d))

 

*The family dispute resolution practitioner has the discretion to give, or not to give, his or her surname.

**The family dispute resolution practitioner has the discretion to sign, or not to sign, the certificate.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.