Family Law Act. Australia

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СКАЧАТЬ 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) An instrument under this section is not a legislative instrument.

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

      (2) A family dispute resolution practitioner must disclose a communication if the practitioner 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 dispute resolution practitioner 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 dispute resolution practitioner may disclose a communication if the practitioner 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 dispute resolution practitioner 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) A family dispute resolution practitioner may disclose information necessary for the practitioner to give a certificate under subsection 60I(8).

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

      Note: This means that the practitioner’s evidence is inadmissible in court, even if subsection (2), (3), (4), (5) or (6) allows the practitioner to disclose it in other circumstances.

      (8) In this section: communication includes admission.

      10J Admissibility of communications in family dispute resolution and in referrals from family dispute resolution (1) Evidence of anything said, or any admission made, by or in the company of: (a) a family dispute resolution practitioner conducting family dispute resolution; or (b) a person (the professional) to whom a family dispute resolution practitioner 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) Subsection (1) does not apply to information necessary for the practitioner to give a certificate under subsection 60I(8).

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

      10K Family dispute resolution practitioners must comply with regulations (1) The regulations may prescribe requirements to be complied with by family dispute resolution practitioners in relation to the family dispute resolution services they provide.

      (2) The regulations may prescribe penalties not exceeding 10 penalty units in respect of offences against regulations made for the purposes of subsection (1).

      Division 4 — Arbitration

      10L Definition of arbitration (1) Arbitration is a process (other than the judicial process) in which parties to a dispute present arguments and evidence to an arbitrator, who makes a determination to resolve the dispute.

      (2) Arbitration may be either: (a) section 13E arbitration—which is arbitration of Part VIII proceedings, or Part VIIIAB proceedings (other than proceedings relating to a Part VIIIAB financial agreement), carried out as a result of an order made under section 13E; or (b) relevant property or financial arbitration—which is arbitration (other than section 13E arbitration) of: (i) СКАЧАТЬ