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Family Law Act. Australia
Читать онлайн.Название Family Law Act
Год выпуска 0
isbn 9785392086443
Автор произведения Australia
Жанр Юриспруденция, право
Издательство Проспект
Note 1: Communications with family consultants are not confidential (except in the special circumstances set out in subsection 38BD(3) in relation to consultants having several roles).
Note 2: Subsection (1) does not prevent things said or admissions made by or in the company of family consultants from being admissible in proceedings other than proceedings under this Act.
(2) Subsection (1) does not apply to a thing said or an admission made by a person who, at the time of saying the thing or making the admission, had not been informed of the effect of subsection (1).
(3) Despite subsection (2), a thing said or admission made is admissible even if the person who said the thing or made the admission had not been informed of the effect of subsection (1), if: (a) it is an admission by an adult that indicates that a child under 18 has been abused or is at risk of abuse; or (b) it is a disclosure by a child under 18 that indicates that the child has been abused or is at risk of abuse; unless, in the opinion of the court, there is sufficient evidence of the admission or disclosure available to the court from other sources.
11D Immunity of family consultants A family consultant has, in performing his or her functions as a family consultant, the same protection and immunity as a Judge of the Family Court has in performing the functions of a Judge.
Division 2 — Courts’ use of family consultants
11E Courts to consider seeking advice from family consultants (1) If, under this Act, a court has the power to: (a) order a person to attend family counselling or family dispute resolution; or (b) order a person to participate in a course, program or other service (other than arbitration); or (c) order a person to attend appointments with a family consultant; or (d) advise or inform a person about family counselling, family dispute resolution or other courses, programs or services; the court: (e) may, before exercising the power, seek the advice of: (i) if the court is the Family Court or the Federal Circuit Court of Australia — a family consultant nominated by the Chief Executive Officer; or (ii) if the court is the Family Court of a State — a family consultant of that court; or (iii) if the court is not mentioned in subparagraph (i) or (ii) — an appropriately qualified person (whether or not an officer of the court); as to the services appropriate to the needs of the person and the most appropriate provider of those services; and (f) must, before exercising the power, consider seeking that advice.
(2) If the court seeks advice under subsection (1), the court must inform the person in relation to whom the advice is sought: (a) whom the court is seeking advice from; and (b) the nature of the advice the court is seeking.
11F Court may order parties to attend, or arrange for child to attend, appointments with a family consultant (1) A court exercising jurisdiction in proceedings under this Act may make either or both of the following kinds of order: (a) an order directing one or more parties to the proceedings to attend an appointment (or a series of appointments) with a family consultant; (b) an order directing one or more parties to the proceedings to arrange for a child to attend an appointment (or a series of appointments) with a family consultant.
Note: Before exercising this power, the court must consider seeking the advice of a family consultant about the services appropriate to the parties’ needs (see section 11E).
(2) When making an order under subsection (1), the court must inform the parties of the effect of section 11G (consequences of failure to comply with order).
(3) The court may make orders under this section: (a) on its own initiative; or (b) on the application of: (i) a party to the proceedings; or (ii) a lawyer independently representing a child’s interests under an order made under section 68L.
11G Consequences of failure to comply with order under section 11F (1) If a person who is ordered to attend an appointment with a family consultant under section 11F fails to comply with: (a) the order made by the court; or (b) any instruction the consultant gives to the person; the consultant must report the failure to the court.
(1A) If: (a) a person fails to comply with an order under section 11F that he or she arrange for a child to attend an appointment with a family consultant; or (b) a child fails to attend an appointment with a family consultant as arranged in compliance with an order under section 11F; the consultant must report the failure to the court.
(2) On receiving a report under subsection (1) or (1A), the court may make any further orders it considers appropriate.
(3) The court may make orders under subsection (2): (a) on its own initiative; or (b) on the application of: (i) a party to the proceedings; or (ii) a lawyer independently representing a child’s interests under an order made under section 68L.
Part III A — Obligations to inform people about non‑court based family services and about court’s processes and services
Division 1 — Introduction
12A Objects of this Part The objects of this Part are: (a) to ensure that married couples considering separation or divorce are informed about the services available to help with a possible reconciliation, in situations where a reconciliation between the couple seems a reasonable possibility; and (b) to ensure that people affected, or likely to be affected, by separation or divorce are informed about the services available to help them adjust to: (i) separation or divorce; and (ii) orders made under this Act; and (c) to ensure that people affected, or likely to be affected, by separation or divorce are informed about ways of resolving disputes other than by applying for orders under this Act.
Division 2 — Kind of information to be provided
12B Prescribed information about non‑court based family services and court’s processes and services (1) The regulations may prescribe information that is to be included in documents provided to persons under this Part, relating to non‑court based family services and court’s processes and services.
(2) Without limitation, information prescribed under this section must include 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.
12C Prescribed information about reconciliation The regulations may prescribe information that is to be included in documents provided to persons under this Part, relating to services available to help with a reconciliation between the parties to a marriage.
12D Prescribed information about Part VII proceedings (1) The regulations may prescribe information that is to be included in documents provided under this Part to persons involved in proceedings under Part VII.
(2) Without limitation, the information must include information about the family counselling services available to assist the parties, and the child or children concerned, to adjust to the consequences of orders under that Part.
Division 3 — Who must provide information, and when
12E Obligations on legal practitioners (1) A legal practitioner who is consulted by a person considering instituting proceedings under this Act must give the person documents containing the information prescribed under section 12B (about non‑court based family services and court’s processes and services).
(2) A legal practitioner who is consulted by, or who is representing, a married person who is a party