Family Law Act - Australia

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Accreditation Rules (1) The regulations may prescribe Accreditation Rules. These are rules relating to: (a) the accreditation of persons as family counsellors; and (b) the accreditation of persons as family dispute resolution practitioners; and (c) the accreditation of persons to perform other roles prescribed by regulations made for the purposes of this paragraph.

      (2) Examples of matters that the Accreditation Rules may deal with are: (a) the standards that are to be met by persons who seek to be accredited; and (b) who is responsible for determining whether a person meets the Accreditation Rules; and (c) how accreditation is to be recognised (for example, by establishment of a register or other method); and (d) the standards and other obligations that accredited persons must continue to meet to remain accredited; and (e) who is responsible for monitoring compliance with ongoing requirements in the Rules; and (f) the consequences of accredited persons failing to comply with the provisions of this Act and the Rules; and (g) the obligations of accredited persons in relation to the monitoring of their compliance; and (h) how and by whom an accredited person may have his or her accreditation (or recognition of that accreditation) suspended or cancelled; and (i) review of decisions to refuse, suspend or cancel accreditation (or recognition of accreditation); and (j) the process for handling complaints involving accredited persons; and (k) who may deliver recognised training to accredited persons, and (l) dealing with individuals or other persons who make false or misleading representations about a person’s status as an accredited person.

      Division 2 — Family counselling

      10B Definition of family counselling Family counselling is a process in which a family counsellor helps: (a) one or more persons to deal with personal and interpersonal issues in relation to marriage; or (b) one or more persons (including children) who are affected, or likely to be affected, by separation or divorce to deal with either or both of the following: (i) personal and interpersonal issues; (ii) issues relating to the care of children.

      1 °C Definition of family counsellor (1) A family counsellor is: (a) a person who is accredited as a family counsellor under the Accreditation Rules; or (b) a person who is authorised to act on behalf of an organisation designated by the Minister for the purposes of this paragraph; or (c) a person who is authorised to act under section 38BD, or engaged under subsection 38R(1A), as a family counsellor; or (d) a person who is authorised to act under section 93D of the Federal Circuit Court of Australia Act 1999, or engaged under subsection 115(1A) of that Act, as a family counsellor; or (e) a person who is authorised by a Family Court of a State to act as a family counsellor.

      (2) The Minister must publish, at least annually, a list of organisations designated for the purposes of paragraph (b) of the definition of family counsellor.

      (3) An instrument under this section is not a legislative instrument.

      10D Confidentiality of communications in family counselling (1) A family counsellor must not disclose a communication made to the counsellor while the counsellor is conducting family counselling, unless the disclosure is required or authorised by this section.

      (2) A family counsellor must disclose a communication if the counsellor reasonably believes the disclosure is necessary for the purpose of complying with a law of the Commonwealth, a State or a Territory.

      (3) A family counsellor may disclose a communication if consent to the disclosure is given by: (a) if the person who made the communication is 18 or over — that person; or (b) if the person who made the communication is a child under 18: (i) each person who has parental responsibility (within the meaning of Part VII) for the child; or (ii) a court.

      (4) A family counsellor may disclose a communication if the counsellor reasonably believes that the disclosure is necessary for the purpose of: (a) protecting a child from the risk of harm (whether physical or psychological); or (b) preventing or lessening a serious and imminent threat to the life or health of a person; or (c) reporting the commission, or preventing the likely commission, of an offence involving violence or a threat of violence to a person; or (d) preventing or lessening a serious and imminent threat to the property of a person; or (e) reporting the commission, or preventing the likely commission, of an offence involving intentional damage to property of a person or a threat of damage to property; or (f) if a lawyer independently represents a child’s interests under an order under section 68L — assisting the lawyer to do so properly.

      (5) A family counsellor may disclose a communication in order to provide information (other than personal information within the meaning of section 6 of the Privacy Act 1988) for research relevant to families.

      (6) Evidence that would be inadmissible because of section 10E is not admissible merely because this section requires or authorises its disclosure.

      Note: This means that the counsellor’s evidence is inadmissible in court, even if subsection (2), (3), (4) or (5) allows the counsellor to disclose it in other circumstances.

      (7) Nothing in this section prevents a family counsellor from disclosing information necessary for the counsellor to give a certificate of the kind mentioned in paragraph 16(2A)(a) of the Marriage Act 1961.

      (8) In this section: communication includes admission.

      10E Admissibility of communications in family counselling and in referrals from family counselling (1) Evidence of anything said, or any admission made, by or in the company of: (a) a family counsellor conducting family counselling; or (b) a person (the professional) to whom a family counsellor refers a person for medical or other professional consultation, while the professional is carrying out professional services for the person; is not admissible: (c) in any court (whether or not exercising federal jurisdiction); or (d) in any proceedings before a person authorised to hear evidence (whether the person is authorised by a law of the Commonwealth, a State or a Territory, or by the consent of the parties).

      (2) Subsection (1) does not apply to: (a) an admission by an adult that indicates that a child under 18 has been abused or is at risk of abuse; or (b) 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.

      (3) Nothing in this section prevents a family counsellor from disclosing information necessary for the counsellor to give a certificate of the kind mentioned in paragraph 16(2A)(a) of the Marriage Act 1961.

      (4) A family counsellor who refers a person to a professional (within the meaning of paragraph (1)(b)) must inform the professional of the effect of this section.

      Division 3 — Family dispute resolution

      10F Definition of family dispute resolution Family dispute resolution is a process (other than a judicial process): (a) in which a family dispute resolution practitioner helps people affected, or likely to be affected, by separation or divorce to resolve some or all of their disputes with each other; and (b) in which the practitioner is independent of all of the parties involved in the process.

      10G Definition of family dispute resolution practitioner (1) A family dispute resolution practitioner is: (a) a person who is accredited as a family dispute resolution practitioner under the Accreditation Rules; or (b) a person who is authorised to act on behalf of an organisation designated by the Minister for the purposes of this paragraph; or (c) a person who is authorised to act under section 38BD, or engaged under subsection 38R(1A), as a family dispute resolution practitioner; or (d) a person who is authorised to act under section 93D of the Federal Circuit Court of Australia Act 1999, or engaged under subsection 115(1A) of that Act, as a family dispute resolution practitioner; or (e) a person who is authorised by a Family Court of a State to act as a family dispute resolution practitioner.

      (2) The Minister must publish, at least annually, a list of organisations designated for the purposes of paragraph (b) of the definition of family dispute resolution practitioner.

      (3)

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