Commonwealth: Family Law Reform Act 1995 (Cth)

Family Law Reform Act 1995 No. 167 of 1995 TABLE OF PROVISIONS PART 1—PRELIMINARY Section 1. Short title etc. 2. Commencement 3. Amendment of title 4. Interpretation 5. Repeal of Part II and substitution of new Part: PART II—COUNSELLING ORGANISATIONS AND MEDIATION ORGANISATIONS Division 1—What this Part does 11. What this Part does Division 2—Approval of counselling organisations and mediation organisations 12. Meaning of "approved counselling organisation" and "approved mediation organisation" 13. Organisation may be approved as an approved counselling organisation, an approved mediation organisation or both 13A. Approval of counselling organisations 13B. Approval of mediation organisations 13C. Approvals subject to conditions TABLE OF PROVISIONS—continued Section 13D. Revocation of approvals 13E. Minister to publish lists of approved counselling organisations and approved mediation organisations Division 3—Reporting by approved counselling organisations and approved mediation organisations 13F. Reports and financial statements of approved organisations 13G. Minister may exempt organisation from requirements of section 13F Division 4—Funding of approved counselling organisations and approved mediation organisations 13H. Grants to approved counselling organisations and approved mediation organisations 6. Omission of heading to Part III and substitution of new heading 7. Repeal of section 14 and substitution of new sections and headings: Division 1—Object and outline 14. Object of Part 14A. Outline of Part Division 2—Obligations to consider the possibility of reconciliation 14B. Interpretation 14C. Duty of judges 14D. Duty of legal practitioners Division 3—Obligations to consider advising people about primary dispute resolution methods 14E. Interpretation 14F. Duty of courts 14G. Duty of legal practitioners Division 4—Counselling 14H. Division 3 of Part VII deals with counselling in matters affecting children 8. Notice seeking counselling 9. Repeal of section 16A and substitution of new sections: 16A. Courts to direct or advise people to attend counselling 16B. Courts may advise people to attend counselling if it may improve their relationship etc. 16C. Obligations to consider advising people about counselling for marital breakdown 10. Provision of certain documents 11. Repeal of section 18 12. Oath or affirmation of secrecy 13. Omission of headings to Part IIIA and Division 1 of that Part and substitution of new headings 14. Request for mediation—request made through court 15. Insertion of new section: 19AA. Request for mediation—where made direct to a family and child mediator 16. Court may refer matters for mediation 17. Insertion of new section: 19BA. Court to advise people to attend mediation 18. Repeal of section 19C 19. Omission of heading to Division 2 of Part IIIA and substitution of new heading 20. Omission of heading to Division 3 of Part IIIA and substitution of new heading 21. Repeal of section 19H TABLE OF PROVISIONS—continued Section 22. Advice about mediation and arbitration 23. Oath or affirmation by court mediator or community mediator 24. Protection of mediators and arbitrators 25. Insertion of new Division: Division 6—Miscellaneous 19N. Admissions made to counsellors, mediators etc. 19P. Regulations to be complied with by community mediators and private mediators 19Q. Advertising in Family Court registries of counselling, mediation and arbitration services 26. Powers of Judicial Registrars 27. Delegation of powers to Registrars 28. Principles to be applied by courts 29. Institution of proceedings 30. Decree absolute where children 31. Repeal of Part VII and substitution of new Part: PART VII—CHILDREN Division 1—Introductory Subdivision A—What this Division does 60A. What this Division does Subdivision B—Object, principles and outline 60B. Object of Part and principles underlying it 60C. Outline of Part Subdivision C—Interpretation and application of Part 60D. Defined expressions 60E. Application of Part to void marriages Subdivision D—Interpretation—how this Act applies to certain children 60F. Certain children are children of marriage etc. 60G. Family Court may grant leave for adoption proceedings by prescribed adopting parent 60H. Children born as a result of artificial conception procedures Division 2—Parental responsibility 61A. What this Division does 61B. Meaning of "parental responsibility" 61C. Each parent has parental responsibility (subject to court orders) 6ID. Parenting orders and parental responsibility 6IE. Effect of adoption on parental responsibility Division 3—Counselling etc. 62A. What this Division does 62B. Obligations to consider advising people about counselling for Part VII orders 62C. Request for counselling—request made through court 62D. Request for counselling—where made direct to a family and child counsellor 62E. Court counselling facilities to be made available 62F. Conferences with family and child counsellors or welfare officers TABLE OF PROVISIONS—continued Section 620. Reports by family and child counsellors and welfare officers 62H. Provision of certain documents Division 4—Parenting plans 63A. What this Division does 63B. Parents encouraged to reach agreement 63C. Meaning of "parenting plan" and related terms 63D. Parenting plan may not be varied, but may be revoked, by further agreement 63E. Registration in a court 63F. Child welfare provisions of registered parenting plans 63G. Child maintenance provisions of registered parenting plans—where not enforceable as maintenance agreements 63H. Court's powers to set aside, discharge, vary, suspend or revive registered parenting plans Division 5—Parenting orders—what they are 64A. What this Division does 64B. Meaning of "parenting order" and related terms 64C. Parenting orders may be made in favour of parents or other persons Division 6—Parenting orders other than child maintenance orders Subdivision A—Introductory 65A. What this Division does 65B. Division does not apply to child maintenance orders Subdivision B—Applying for and making parenting orders 65C. Who may apply for a parenting order 65D. Court's power to make parenting order 65E. Child's best interests paramount consideration in making a parenting order 65F. General requirements for counselling before parenting order made 65G. Special conditions for making residence order or specific issues order by consent in favour of non-parent 65H. Children who are 18 or over or who have married or entered de facto relationships 65J. Effect of adoption on parenting order 65K. What happens when parenting order that is or includes residence order does not make provision in relation to death of parent with whom child lives 65L. Counsellors may be required to supervise or assist compliance with parenting orders Subdivision C—General obligations created by residence orders, contact orders and specific issues orders 65M. General obligations created by residence order 65N. General obligations created by contact order 65P. General obligations created by specific issues orders that confer responsibility for a child's care, welfare and development 65Q. Court may issue warrant for arrest of alleged offender Subdivision D—Dealing with people who have been arrested 65R. Situation to which Subdivision applies 65S. Arrested person to be brought before a court 65T. Obligation of court—where application before it to deal with contravention TABLE OF PROVISIONS—continued Section 65U. Obligation of court—where no application before it, but application before another court, to deal with contravention 65V. Obligation of court—where no application before any court to deal with contravention 65W. Applications heard as required by subsection 65T(2) or paragraph 65U(3)(b) Subdivision E—Obligations under parenting orders relating to taking or sending children from Australia 65X. Interpretation 65Y. Obligations if residence order, contact order or care order has been made 65Z. Obligations if proceedings for the making of residence order, contact order or. care order are pending 65ZA. Obligations of owners etc. of aircraft and vessels if residence order, contact order or care order made 65ZB. Obligations of owners etc. of aircraft and vessels if proceedings for the making of residence order, contact order or care order are pending 65ZC. General provisions applicable to sections 65ZA and 65ZB 65ZD. State or Territory laws stopping children leaving Australia not affected Division 7—Child maintenance orders Subdivision A—What this Division does 66A. What this Division does Subdivision B—Objects and principles 66B. Objects 66C. Principles—parents have primary duty to maintain 66D. Principles—when step-parents have a duty to maintain Subdivision C—Relationship with Child Support (Assessment) Act 66E. Child maintenance order not to be made etc. if application for administrative assessment of child support could be made Subdivision D—Applying for and making child maintenance orders 66F. Who may apply for a child maintenance order 66G. Court's power to make child maintenance order 66H. Approach to be taken in proceedings for child maintenance order 66J. Matters to be taken into account in considering financial support necessary for maintenance of child 66K. Matters to be taken into account in determining contribution that should be made by party etc. 66L. Children who are 18 or over 66M. When step-parents have a duty to maintain 66N. Determining financial contribution of step-parent Subdivision E—Other aspects of courts' powers 66P. General powers of court 66Q. Urgent child maintenance orders 66R. Specification in orders of payments etc. for child maintenance purposes 66S. Modification of child maintenance orders Subdivision F—When child maintenance orders stop being in force 66T. Effect of child turning 18 TABLE OF PROVISIONS—continued Section 66U. Effect of death of child, person liable to pay or person entitled to receive 66V. Effect of adoption, marriage or entering into a de facto relationship 66W. Subdivision does not affect recovery of arrears Division 8—Other matters relating to children Subdivision A—What this Division does 67 A. What this Division does Subdivision B—Father's liability to contribute towards child bearing expenses if not married to mother 67B. Father liable to contribute towards maintenance and expenses of mother 67C. Matters to be taken into account in proceedings under Subdivision 67D. Powers of court in proceedings under Subdivision 67E. Urgent orders 67F. Who may institute proceedings 67G. Time limit for institution of proceedings Subdivision C—Location and recovery of children 67H. Interpretation 67J. Meaning of "location order" and "Commonwealth information order" 67K. Who may apply for a location order 67L. Child's best interests paramount consideration in making a location order 67M. Provisions about location orders, other than Commonwealth information orders 67N. Provisions about Commonwealth information orders 67P. Information provided under location order not to be disclosed except to limited persons 67Q. Meaning of "recovery order" 67R. How recovery orders authorise or direct people 67S. How recovery orders to stop and search etc. name or describe vehicles, places etc. 67T. Who may apply for a recovery order 67U. Court's power to make recovery order 67V. Child's best interests paramount consideration in making a recovery order 67W. How long recovery order remains in force 67X. Persons not to prevent or hinder taking of action under recovery order 67Y. Obligation to notify persons of child's return Subdivision D—Allegations of child abuse 67Z. Where party to proceedings makes allegation of child abuse 67ZA. Where member of the Court personnel, counsellor or mediator suspects child abuse etc. 67ZB. No liability for notification under section 67Z or 67ZA Subdivision E—Other orders about children 67ZC. Orders relating to welfare of children 67ZD. Orders for delivery of passports Division 9—Injunctions 68 A. What this Division does TABLE OF PROVISIONS—continued Section 68B. Injunctions 68C. Powers of arrest Division 10—The best interests of children and the representation of children Subdivision A—What this Division does 68D. What this Division does Subdivision B—Determining the best interests of a child 68E. Proceedings to which Subdivision applies 68F. How a court determines what is in a child's best interests 68G. How the wishes of a child are expressed 68H. Children not required to express wishes 68J. Informing court of relevant family violence orders 68K. Court to consider risk of family violence Subdivision C—Separate representation of children 68L. Court orders for separate representation 68M. Order that child be made available for examination Division 11—Family violence 68N. What this Division does 68P. Interpretation 68Q. Purposes of Division 68R. Provisions about making an order for contact that is inconsistent with a family violence order 68S. Section 68R contact orders prevail over inconsistent family violence orders 68T. Variation etc. of Division 11 contact order by court making etc. family violence order Division 12—Proceedings and jurisdiction Subdivision A—What this Division does 69A. What this Division does Subdivision B—Institution of proceedings and procedure 69B. Certain proceedings to be instituted only under this Part 69C. Who may institute proceedings 69D. Institution of maintenance proceedings by authorised authority or person 69E. Child or parent to be present in Australia etc. 69F. Applicant may be in contempt Subdivision C—Jurisdiction of courts 69G. Interpretation 69H. Jurisdiction of Family Court, State Family Courts and Northern Territory Supreme Court 69J. Jurisdiction of courts of summary jurisdiction 69K. Territory court does not have jurisdiction unless a party is ordinarily resident in the Territory 69L. Jurisdiction in relation to transferred matters under other Commonwealth laws 69M. Jurisdiction is additional to other jurisdiction 69N. Transfer of proceedings from courts of summary jurisdiction in certain cases TABLE OF PROVISIONS—continued Section Subdivision D—Presumptions of parentage 69P. Presumptions of parentage arising from marriage 69Q. Presumption of paternity arising from cohabitation 69R. Presumption of parentage arising from registration of birth 69S. Presumptions of parentage arising from findings of courts 69T. Presumption of paternity arising from acknowledgments 69U. Rebuttal of presumptions etc. Subdivision E—Parentage evidence 69V. Evidence of parentage 69W. Orders for carrying out of parentage testing procedures 69X. Orders associated with parentage testing orders 69Y. Orders directed to persons 18 or over 69Z. Orders directed to children under 18 69ZA. No liability if parent etc. consents 69ZB. Regulations about carrying out, and reporting on, parentage testing procedures 69ZC. Reports of information obtained may be received in evidence 69ZD. Parentage testing for purposes of international maintenance agreements Subdivision F—Extension, application and additional operation of Part 69ZE. Extension of Part to the States 69ZF. Unless declaration in force, Part's extension to a State has effect subject to modifications 69ZG. Application of Part in, and in relation to, Territories 69ZH. Additional application of Part 69ZJ. Additional jurisdiction of courts 69ZK. Child welfare laws not affected Division 13—State, Territory and overseas orders Subdivision A—What this Division does 70A. What this Division does Subdivision B—Registration of State and Territory orders 70B. Interpretation 70C. General registration of orders made under law of prescribed State 70D. Registration of orders in a particular State 70E. Effect of registration Subdivision C—Registration of overseas orders 70F. Interpretation 70G. Registration of orders 70H. Effect of registration—general 70J. Effect of registration on exercise of jurisdiction 70K. Cancellation of registration if residence order, contact order or care order made 70L. Relationship between Australian orders and registered overseas child orders Subdivision D—Transmission of Australian orders to overseas jurisdictions 70M. Registrar to send documents etc. to overseas jurisdiction 70N. Regulations may deal with sending Australian orders etc. to overseas jurisdiction TABLE OF PROVISIONS—continued Section Division 14—Miscellaneous 70P. What this Division does 70Q. Certain instruments not liable to duty 32. Setting aside of orders altering property interests 33. Registered maintenance agreements 34. Operation of maintenance agreements entered into in substitution for rights under Act 35. Intervention by Attorney-General 36. Intervention by other persons 37. Intervention in child abuse cases 38. Leave to appeal needed in some cases 39. Restrictions on examination of children 40. Insertion of new section: 102B. Assessors 41. Inter-State enforcement of child bearing expenses order 42. Convention on the Civil Aspects of International Child Abduction 43. Insertion of new section: 111C. Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption 44. Interpretation 45. Meaning of "contravene an order" 46. Meaning of "reasonable excuse for contravening an order" 47. Sanctions for failure to comply with orders 48. Recognizances 49. Repeal of section 112AJ 50. Repeal of section 112AL 51. Operation of State and Territory laws 52. Repeal of section 114M and substitution of new section: 114M. Staff 53. Family Law Council 54. Costs 55. Reparation for certain losses and expenses relating to children 56. Offers of settlement 57. Rules of Court 58. Regulations 59. Transitional matters SCHEDULE 1 TRANSITIONAL PROVISIONS RELATING TO THE REPEAL AND RE-MAKING OF PART II OF THE FAMILY LAW ACT 1975 AND TO THE AMENDMENTS OF PARTS III AND IIIA OF THAT ACT SCHEDULE 2 TRANSITIONAL PROVISIONS RELATING TO THE REPEAL AND RE-MAKING OF PART VII OF THE FAMILY LAW ACT 1975 Family Law Reform Act 1995 No. 167 of 1995 An Act to amend the Family Law Act 1975, and for related purposes [Assented to 16 December 1995] The Parliament of Australia enacts; Short title etc. 1.(1) This Act may be cited as the Family Law Reform Act 1995. (2) In this Act, "Principal Act" means the Family Law Act 19751. Commencement 2.(1) Sections 1, 2 and 54 commence on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation. (3) If a provision to which subsection (2) applies does not commence under that subsection within the period of 12 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period. Amendment of title 3. The title of the Principal Act is amended by omitting "Parental Rights and the Custody and Guardianship of Infants" and substituting "Parental Responsibility for Children". Interpretation 4. Section 4 of the Principal Act is amended: (a) by omitting "Part IIIA" from the definition of "appropriate officer" in subsection (1) and substituting "Division 5 of Part III"; (b) by omitting "60A(1) or (2)" from the definition of "child of a marriage" in subsection (1) and substituting "60F(1) or (2)"; (c) by omitting "60A(3)" from the definition of "child of a marriage" in subsection (1) and substituting "60F(3)"; (d) by omitting "New Zealand or any other" from the definition of "prescribed overseas jurisdiction" in subsection (1) and substituting "any"; (e) by omitting from subsection (1) the definitions of "approved", "approved mediator" and "marriage counsellor"; (f) by omitting from subsection (1) the definition of "financial or custodial proceedings"; (g) by inserting in subsection (1) the following definitions: " 'approved counselling organisation' has the meaning given by subsection 12(1); 'approved mediation organisation' has the meaning given by subsection 12(2); 'child counselling' means counselling to: (a) discuss the care, welfare or development of a child; or (b) discuss, and try to resolve, differences between persons that affect the care, welfare or development of a child; 'community mediator' means a person referred to in paragraph (b) of the definition of 'family and child mediator'; 'court mediator' means a person referred to in paragraph (a) of the definition of 'family and child mediator'; 'family and child counselling' means any of the following kinds of counselling: (a) marriage counselling; (b) child counselling; (c) counselling about any matter that arises out of proceedings under this Act and that involves: (i) a parent or adoptive parent of a child; or (ii) a child; or (iii) a party to a marriage; 'family and child counsellor' means: (a) a court counsellor; or (b) a person authorised by an approved counselling organisation to offer family and child counselling on behalf of the organisation; or (c) a person authorised under the regulations to offer family and child counselling; 'family and child mediation' means mediation of any dispute that could be the subject of proceedings (other than prescribed proceedings) under this Act and that involves: (a) a parent or adoptive parent of a child; or (b) a child; or (c) a party to a marriage; 'family and child mediator' means: (a) a person approved as a mediator under regulations for the purposes of this paragraph; or (b) a person authorised by an approved mediation organisation to offer family and child mediation on behalf of the organisation; or (c) a person, other than a person mentioned in paragraph (a) or (b), who offers family and child mediation; 'private mediator' means a person referred to in paragraph (c) of the definition of 'family and child mediator';"; (h) by inserting in subsection (1) the following definitions: " 'child maintenance order' has the meaning given by subsection 64B(5); 'contact order' has the meaning given by subsection 64B(4); 'financial or Part VII proceedings' means proceedings (being, unless the context otherwise requires, proceedings under this Act) of a kind referred to in any of paragraphs (c) to (eb) of the definition of ' matrimonial cause ' in this subsection or proceedings under Part VII; 'has', in relation to a residence order, a contact order or a specific issues order, has the meaning given by subsection 64B(8); 'made in favour', in relation to a residence order, a contact order or a specific issues order, has the meaning given by subsection 64B(7); 'parenting order' has the meaning given by subsection 64B(1); 'parenting plan' has the meaning given by subsection 63C(1); 'residence order' has the meaning given by subsection 64B(3); 'specific issues order' has the meaning given by subsection 64B(6);". Repeal of Part II and substitution of new Part 5. Part II of the Principal Act is repealed and the following Part is substituted: "PART II—COUNSELLING ORGANISATIONS AND MEDIATION ORGANISATIONS "Division 1—What this Part does What this Part does "11. This Part provides for: (a) the approval of counselling organisations and mediation organisations (Division 2); and (b) reporting by approved counselling organisations and approved mediation organisations (Division 3); and (c) funding of approved counselling organisations and approved mediation organisations (Division 4). "Division 2—Approval of counselling organisations and mediation organisations Meaning of "approved counselling organisation" and "approved mediation organisation" "12.(1) An approved counselling organisation is an organisation in relation to which an approval under section 13A is in force. "(2) An approved mediation organisation is an organisation in relation to which an approval under section 13B is in force. Organisation may be approved as an approved counselling organisation, an approved mediation organisation or both "13. Subject to sections 13A and 13B, an organisation may be approved as: (a) an approved counselling organisation; or (b) an approved mediation organisation; or (c) both an approved counselling organisation and an approved mediation organisation. Approval of counselling organisations "13A.(1) A voluntary organisation may apply to the Minister for approval as a counselling organisation. "(2) The Minister may, in writing, approve the organisation as a counselling organisation if, and only if, the Minister is satisfied that: (a) the organisation is willing and able to engage in family and child counselling; and (b) the whole, or a substantial part, of the organisation's activities consist, or will consist, of family and child counselling. "(3) If the Minister decides to refuse to approve the organisation, the Minister must give written notice of that decision to the organisation. Approval of mediation organisations "13B.(1) A voluntary organisation may apply to the Minister for approval as a mediation organisation. "(2) The Minister may, in writing, approve the organisation as a mediation organisation if, and only if, the Minister is satisfied that: (a) the organisation is willing and able to engage in family and child mediation; and (b) the whole, or a substantial part, of the organisation's activities consist, or will consist, of family and child mediation. "(3) If the Minister decides to refuse to approve the organisation, the Minister must give written notice of that decision to the organisation. Approvals subject to conditions "13C.(1) An approval under section 13A is subject to such conditions (if any) as are specified in the instrument of approval. "(2) An approval under section 13B is subject to: (a) a condition that the organisation must comply with the requirements of the regulations when it engages in family and child mediation; and (b) such other conditions (if any) as are specified in the instrument of approval. "(3) If an approval is subject to conditions specified in the instrument of approval, the Minister may, from time to time, revoke or vary all or any of those conditions or add further conditions. "(4) The Minister's power to revoke, vary or add conditions must be exercised by notice in writing to the organisation concerned. Revocation of approvals "13D.(1) The Minister may, at any time, revoke the approval of an organisation under section 13A if: (a) the organisation has failed to comply with a condition of the approval; or (b) the organisation has failed to comply with its obligations as an approved counselling organisation under section 13F; or (c) a person authorised by the organisation to offer family and child counselling on behalf of the organisation has failed to comply with a requirement of this Act or a direction made by a court under this Act; or (d) the Minister is no longer satisfied as mentioned in paragraph 13A(2)(b) in relation to the organisation; or (e) the Minister is satisfied that the organisation is not adequately carrying out family and child counselling. "(2) The Minister may, at any time, revoke the approval of an organisation under section 13B if: (a) the organisation has failed to comply with a condition of the approval; or (b) the organisation has failed to comply with its obligations as an approved mediation organisation under section 13F; or (c) a person authorised by the organisation to offer family and child mediation on behalf of the organisation has failed to comply with a requirement of this Act or a direction made by a court under this Act; or (d) the Minister is no longer satisfied as mentioned in paragraph 13B(2)(b) in relation to the organisation; or (e) the Minister is satisfied that the organisation is not adequately carrying out family and child mediation. "(3) The Minister's power to revoke an approval must be exercised by notice in writing to the organisation concerned. Minister to publish lists of approved counselling organisations and approved mediation organisations "13E. The Minister must publish annually, in such manner as the Minister thinks appropriate: (a) a list of all approved counselling organisations; and (b) a list of all approved mediation organisations. "Division 3—Reporting by approved counselling organisations and approved mediation organisations Reports and financial statements of approved organisations "13F.(1) An approved counselling organisation must, in respect of each financial year, give the Minister: (a) an audited financial statement of the receipts and payments of the organisation, in which receipts and payments in respect of its family and child counselling activities are shown separately from other receipts and payments; and (b) a report on its family and child counselling activities, including information about the number of cases dealt with by the organisation during the year. "(2) An approved mediation organisation must, in respect of each financial year, give the Minister: (a) an audited financial statement of the receipts and payments of the organisation, in which receipts and payments in respect of its family and child mediation activities are shown separately from other receipts and payments; and (b) a report on its family and child mediation activities, including information about the number of cases dealt with by the organisation during the year. "(3) A report under subsection (1) or (2) in relation to a financial year must be given to the Minister by 30 September in the next financial year. Minister may exempt organisation from requirements of section 13F "13G.(1) The Minister may, in writing, exempt an organisation from complying with some or all of the requirements of section 13F if the Minister is satisfied that: (a) it would be impracticable for the organisation to comply with those requirements; or (b) it would be unduly onerous to require the organisation to comply with those requirements. "(2) An exemption under subsection (1) has effect accordingly. "Division 4—Funding of approved counselling organisations and approved mediation organisations Grants to approved counselling organisations and approved mediation organisations "13H.(1) The Minister may, from time to time, out of money appropriated by the Parliament for the purposes of this Part, grant to an approved counselling organisation or an approved mediation organisation such sums by way of financial assistance as the Minister determines. "(2) A grant may be made on terms and conditions (if any) that the Minister thinks appropriate.". Omission of heading to Part III and substitution of new heading 6. The heading to Part III of the Principal Act is omitted and the following heading is substituted: "PART III—PRIMARY DISPUTE RESOLUTION". Repeal of section 14 and substitution of new sections and headings 7. Section 14 of the Principal Act is repealed and the following sections and headings are substituted: "Division 1—Object and outline Object of Part "14. The object of this Part is: (a) to encourage people to use primary dispute resolution mechanisms (such as counselling, mediation, arbitration or other means of conciliation or reconciliation) to resolve matters in which a court order might otherwise be made under this Act, provided the mechanisms are appropriate in the circumstances and proper procedures are followed; and (b) to ensure that people have access to counselling: (i) to improve relationships covered by this Act; and (ii) to help them adjust to court orders under this Act. Outline of Part "14A. An outline of this Part is set out below. OUTLINE OF PART Item Divisions and coverage 1 Division 1—Object and outline • object of this Part • outline of this Part 2 Division 2—Obligations to consider the possibility of reconciliation • duty of judges and of legal practitioners to consider the possibility of a reconciliation of the parties 3 Division 3—Obligations to consider advising people about primary dispute resolution methods • duty of courts and of legal practitioners to consider advising people about primary dispute resolution methods 4 Division 4—Counselling • parties to a marriage seeking counselling • courts advising or directing people to attend counselling • other matters related to counselling 5 Division 5—Mediation and arbitration • requests for mediation and courts advising or directing parties to attend mediation • private arbitration, courts referring proceedings to arbitration and review of awards of arbitration • provision of information about mediation and arbitration services and other matters relating to mediators and arbitrators 6 Division 6—Miscellaneous • miscellaneous matters "Division 2—Obligations to consider the possibility of reconciliation Interpretation "14B. In this Division: 'Division 2 proceedings' means: (a) proceedings for a dissolution of marriage: or (b) financial or Part VII proceedings instituted by a party to a subsisting marriage; 'judge' includes a magistrate, Judicial Registrar or Registrar. Duty of judges "14C.(1) A judge constituting the court in which Division 2 proceedings are being heard must consider, from time to time, the possibility of a reconciliation of the parties. "(2) If, during the proceedings, the judge considers, from the evidence in the proceedings or the attitude of the parties, that there is a reasonable possibility of a reconciliation of the parties, the judge may: (a) adjourn the proceedings to give the parties the opportunity to consider a reconciliation; or (b) with the consent of the parties, interview them in chambers, with or without counsel, as the judge thinks proper, to assist in a possible reconciliation. "(3) If the judge adjourns the proceedings under paragraph (2)(a), the judge may advise the parties: (a) to make use of the services of a family and child counsellor to assist in a possible reconciliation; or (b) to request the Principal Director of Court Counselling of the Family Court, or an appropriate officer of a Family Court of a State, to nominate some other suitable person or organisation to assist in considering a possible reconciliation. "(4) If, after an adjournment under subsection (2), either of the parties requests that the proceedings resume, the judge must resume the proceedings as soon as practicable. Duty of legal practitioners "14D. A legal practitioner representing a party to Division 2 proceedings must consider, from time to time, the possibility of a reconciliation of the parties. "Division 3—Obligations to consider advising people about primary dispute resolution methods Interpretation "14E. In this Division: 'primary dispute resolution methods' means procedures and services for the resolution of disputes out of court, including: (a) counselling services provided by family and child counsellors; and (b) mediation services provided by family and child mediators; and (c) arbitration services provided by approved arbitrators. Duty of courts "14F. A court exercising jurisdiction in proceedings under this Act must consider whether or not to advise the parties to the proceedings about the primary dispute resolution methods that could be used to resolve any matter in dispute. Duty of legal practitioners "14G. A legal practitioner acting in proceedings under this Act, or consulted by a person considering instituting such proceedings, must consider whether or not to advise the parties to the proceedings, or the person considering instituting proceedings, about the primary dispute resolution methods that could be used to resolve any matter in dispute. "Division 4—Counselling Division 3 of Part VII deals with counselling in matters affecting children "14H. Division 3 of Part VII contains provisions that deal with counselling in matters affecting children.". Notice seeking counselling 8. Section 15 of the Principal Act is amended by omitting from subsection (2) "marriage counsellor" and substituting "family and child counsellor". Repeal of section 16A and substitution of new sections 9. Section 16A of the Principal Act is repealed and the following sections are substituted: Courts to direct or advise people to attend counselling "16A.( 1) If a court makes an order or grants an injunction under section 114, the court must, if the court considers that it is in the interests of the parties or their children to do so, direct or advise either or both of the parties to attend upon a family and child counsellor. "(2) Failure to comply with a direction or advice referred to in subsection (1) does not constitute a contempt of the court. Courts may advise people to attend counselling if it may improve their relationship etc. "16B.(1) If a court having jurisdiction under this Act considers that counselling may assist the parties to a marriage to improve their relationship to each other or to any of their children, it may advise the parties to attend upon a family and child counsellor or an approved counselling organisation. "(2) If the court does so advise the parties, it may, if it considers it desirable to do so, adjourn any proceedings before it to enable attendance at counselling. Obligations to consider advising people about counselling for marital breakdown "16C.(1) In this section, counselling for marital breakdown is counselling to assist the parties to a marriage and their children to adjust to the consequences of marital breakdown. "(2) A court exercising jurisdiction in proceedings under this Act, other than Part VII, must consider whether or not to advise parties to the proceedings about counselling for marital breakdown available through courts exercising jurisdiction under this Act and through approved counselling organisations. "(3) A legal practitioner acting in proceedings under this Act, other than Part VII, or consulted by a person considering instituting such proceedings, must consider whether or not to advise the parties to the proceedings, or the person considering instituting proceedings, about counselling for marital breakdown available through courts exercising jurisdiction under this Act and through approved counselling organisations.". Provision of certain documents 10. Section 17 of the Principal Act is amended by omitting from paragraph (a) "welfare" and substituting "care, welfare or development". Repeal of section 18 11. Section 18 of the Principal Act is repealed. Oath or affirmation of secrecy 12. Section 19 of the Principal Act is amended by omitting "marriage counsellor" (wherever occurring) and substituting "family and child counsellor". Omission of headings to Part IIIA and Division 1 of that Part and substitution of new headings 13. The headings to Part IIIA, and Division 1 of Part IIIA, of the Principal Act are omitted and the following headings are substituted: "Division 5—Mediation and arbitration "Subdivision A—Mediation". Request for mediation—request made through court 14. Section 19A of the Principal Act is amended by omitting from paragraph (2)(b) "an approved mediator" and substituting "a court mediator". Insertion of new section 15. After section 19A of the Principal Act the following section is inserted: Request for mediation—where made direct to a family and child mediator "19AA. A person may at any time request a family and child mediator to mediate a dispute.". Court may refer matters for mediation 16. Section 19B of the Principal Act is amended by omitting from subsections (1) and (3) "an approved mediator" and substituting "a court mediator". Insertion of new section 17. After section 19B of the Principal Act the following section is inserted: Court to advise people to attend mediation "19BA.(1) Subject to the regulations (if any), a court having jurisdiction under this Act must, if it considers it may help the parties to a dispute before it to resolve that dispute, advise the parties to seek the help of a family and child mediator. "(2) If the court does so advise the parties, it may, if it considers it desirable to do so, adjourn any proceedings before it to enable attendance at mediation.". Repeal of section 19C 18. Section 19C of the Principal Act is repealed. Omission of heading to Division 2 of Part IIIA and substitution of new heading 19. The heading to Division 2 of Part IIIA of the Principal Act is omitted and the following heading is substituted: "Subdivision B—Arbitration". Omission of heading to Division 3 of Part IIIA and substitution of new heading 20. The heading to Division 3 of Part IIIA of the Principal Act is omitted and the following heading is substituted: "Subdivision C—Miscellaneous". Repeal of section 19H 21. Section 19H of the Principal Act is repealed. Advice about mediation and arbitration 22. Section 19J of the Principal Act is amended, by omitting from subsection (1) all the words from and including "about" and substituting the following: "about: (a) the mediation or arbitration facilities (if any) available in the court and how those facilities are made available; and (b) the mediation services provided by approved mediation organisations.". Oath or affirmation by court mediator or community mediator 23. Section 19K of the Principal Act is amended by omitting "An approved mediator" and substituting "A court mediator or a community mediator". Protection of mediators and arbitrators 24. Section 19M of the Principal Act is amended by omitting "An approved mediator" and substituting "A family and child mediator". Insertion of new Division 25. Before Part IV of the Principal Act the following Division is inserted: "Division 6—Miscellan