Family Law Act. Australia

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СКАЧАТЬ promotion, by any means, of the supply or use of goods or services: either: (e) a protected name, or a name so closely resembling a protected name as to be likely to be mistaken for it; or (f) a protected symbol, or a symbol so closely resembling a protected symbol as to be likely to be mistaken for it.

      Penalty: 30 penalty units.

      (2) Subsection (1), so far as it applies in relation to a particular protected name or protected symbol, does not affect rights conferred by law on a person in relation to: (a) a trade mark that is a registered trade mark for the purposes of the Trade Marks Act 1995; or (b) a design registered under the Designs Act 2003; that was so registered, or was registered under the Designs Act 1906, at the protection time in relation to the name or symbol.

      (3) This section, so far as it applies in relation to a particular protected name or protected symbol, does not affect the use, or rights conferred by law relating to the use, of a name or symbol (the relevant name or symbol) by a person in a particular manner if, at the protection time in relation to the protected name or protected symbol, the person: (a) was using the relevant name or symbol in good faith in that manner; or (b) would have been entitled to prevent another person from passing off, by means of the use of the relevant name or symbol or a similar name or symbol, goods or services as the goods or services of the first‑mentioned person.

      (4) In this section: protected name means a name prescribed for the purposes of this definition. protected symbol means a symbol whose design is set out in the regulations. protection time means: (a) in relation to a protected name — the time immediately before the commencement of the regulation prescribing the name; or (b) in relation to a protected symbol — the time immediately before the commencement of the regulation setting out the design of the symbol.

      Part II — Non‑court based family services

      Division 1 — Accreditation of family counsellors, family dispute resolution practitioners and other family service providers

      10A 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 СКАЧАТЬ