Family Law Act. Australia

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      (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 to: (a) proceedings for a divorce order in relation to the marriage; or (b) financial or Part VII proceedings in relation to the marriage; must give the person documents containing the information prescribed under section 12C (about reconciliation).

      (3) A legal practitioner representing a party in proceedings under Part VII must give the party documents containing the information prescribed under section 12D (about Part VII proceedings).

      Note: For other obligations of legal practitioners in relation to Part VII matters, see sections 60D and 63DA.

      (4) A legal practitioner does not have to comply with subsection (1), (2) or (3) if the practitioner has reasonable grounds to believe that the person has already been given documents containing the prescribed information mentioned in that subsection.

      (5) A legal practitioner does not have to comply with subsection (2) if the practitioner considers that there is no reasonable possibility of a reconciliation between the parties to the marriage.

      12F Obligations on principal executive officers of courts Obligation to give prescribed information (1) The principal executive officer of a court that has jurisdiction under this Act must ensure that any person who is considering instituting proceedings under this Act is, on the first occasion the person deals with a registry of the court, given documents containing the information prescribed under: (a) section 12B (about non‑court based family services and court’s processes and services); and (b) section 12C (about reconciliation).

      Obligation to respond to requests for information (2) The principal executive officer of a court that has jurisdiction under this Act must ensure that, if a person involved in proceedings under this Act requests an officer or staff member of the court for information about family counselling services or family dispute resolution services, the person is given documents containing information about those services.

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

      12G Obligations on family counsellors, family dispute resolution practitioners and arbitrators (1) A family counsellor, family dispute resolution practitioner or arbitrator who deals with a married person considering instituting: (a) proceedings for a divorce order in relation to the marriage; or (b) financial or Part VII proceedings in relation to the marriage; must give the married person (and in appropriate cases, that person’s spouse) documents containing the information prescribed under 12C (about reconciliation).

      Note: For other obligations of family counsellors and family dispute resolution practitioners in relation to Part VII matters, see sections 60D and 63DA. Those sections do not apply to arbitrators.

      (2) A family counsellor, family dispute resolution practitioner or arbitrator does not have to comply with subsection (1), if he or she: (a) has reasonable grounds to believe that the person has already been given documents containing the prescribed information; or (b) considers that there is no reasonable possibility of a reconciliation between the parties to the marriage.

      Part III B — Court’s powers in relation to court and non‑court based family services

      Division 1 — Introduction

      13A Objects of this Part (1) The objects of this Part are: (a) to facilitate access to family counselling: (i) to help married couples considering separation or divorce to reconcile; and (ii) to help people adjust to separation or divorce; and (iii) to help people adjust to court orders under this Act; and (b) to encourage people to use dispute resolution mechanisms (other than judicial ones) 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 (c) to encourage people to use, in appropriate circumstances, arbitration to resolve matters in which a court order might otherwise be made, and to provide ways of facilitating that use; and (d) to give the court the power to require parties to proceedings under this Act to make use of court or non‑court based family services СКАЧАТЬ