Family Law Act. Australia

Чтение книги онлайн.

СКАЧАТЬ proceedings, Part VIIIB proceedings or section 106A proceedings; or (ii) any part of such proceedings; or (iii) any matter arising in such proceedings; or (iv) a dispute about a matter with respect to which such proceedings could be instituted.

      10M Definition of arbitrator An arbitrator is a person who meets the requirements prescribed in the regulations to be an arbitrator.

      10N Arbitrators may charge fees for their services (1) An arbitrator conducting arbitration may charge the parties to the arbitration fees for conducting it.

      (2) The arbitrator must give written information about those fees to the parties before the arbitration starts.

      Note: There may be Rules of Court or regulations relating to the costs of arbitration and how they are assessed or taxed (see paragraphs 123(1)(se) and 125(1)(bc)).

      10P Immunity of arbitrators An arbitrator has, in performing his or her functions as an arbitrator, the same protection and immunity as a Judge of the Family Court has in performing the functions of a Judge.

      Note: Communications with arbitrators are not confidential, and may be admissible in court.

      Part III — Family consultants

      Division 1 — About family consultants

      11A Functions of family consultants The functions of family consultants are to provide services in relation to proceedings under this Act, including: (a) assisting and advising people involved in the proceedings; and (b) assisting and advising courts, and giving evidence, in relation to the proceedings; and (c) helping people involved in the proceedings to resolve disputes that are the subject of the proceedings; and (d) reporting to the court under sections 55A and 62G; and (e) advising the court about appropriate family counsellors, family dispute resolution practitioners and courses, programs and services to which the court can refer the parties to the proceedings.

      Note: See subsection 4(1AA) for people who are taken to be involved in proceedings.

      11B Definition of family consultant A family consultant is a person who is: (a) appointed as a family consultant under section 38N; or (b) appointed as a family consultant in relation to the Federal Circuit Court of Australia under the Federal Circuit Court of Australia Act 1999; or (c) appointed as a family consultant under the regulations; or (d) appointed under a law of a State as a family consultant in relation to a Family Court of that State.

      Note: The Chief Executive Officer has all of the functions and powers of family consultants, and may direct consultants in the performance of their functions. See Division 1A of Part IVA of this Act and Division 1A of Part 7 of the Federal Circuit Court of Australia Act 1999.

      11C Admissibility of communications with family consultants and referrals from family consultants (1) Evidence of anything said, or any admission made, by or in the company of: (a) a family consultant performing the functions of a family consultant; or (b) a person (the professional) to whom a family consultant refers a person for medical or other professional consultation, while the professional is carrying out professional services for the person; is admissible in proceedings under this Act.

      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 СКАЧАТЬ