[pic] Family Law Act 1975 Act No. 53 of 1975 as amended This compilation was prepared on 9 July 2008 taking into account amendments up to Act No. 73 of 2008 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents Part I-Preliminary 1 1 Short title [see Note 1] 1 2 Commencement [see Note 1] 1 3 Repeal and saving 1 4 Interpretation 2 4A Third party proceedings to set aside financial agreement 23 5 Debtor subject to a personal insolvency agreement 24 6 Polygamous marriages 24 7 Extension of Act to certain Territories 24 7A Application of the Criminal Code 25 8 Supersession of existing laws 25 9 Transitional 25 Part IA-Protection of names 29 9A Use of protected names and symbols 29 Part II-Non-court based family services 31 Division 1-Accreditation of family counsellors, family dispute resolution practitioners and other family service providers 31 10A Accreditation Rules 31 Division 2-Family counselling 33 10B Definition of family counselling 33 10C Definition of family counsellor 33 10D Confidentiality of communications in family counselling 34 10E Admissibility of communications in family counselling and in referrals from family counselling 35 Division 3-Family dispute resolution 37 10F Definition of family dispute resolution 37 10G Definition of family dispute resolution practitioner 37 10H Confidentiality of communications in family dispute resolution 37 10J Admissibility of communications in family dispute resolution and in referrals from family dispute resolution 39 10K Family dispute resolution practitioners must comply with regulations 40 Division 4-Arbitration 41 10L Definition of arbitration 41 10M Definition of arbitrator 41 10N Arbitrators may charge fees for their services 41 10P Immunity of arbitrators 42 Part III-Family consultants 43 Division 1-About family consultants 43 11A Functions of family consultants 43 11B Definition of family consultant 43 11C Admissibility of communications with family consultants and referrals from family consultants 44 11D Immunity of family consultants 44 Division 2-Courts' use of family consultants 45 11E Courts to consider seeking advice from family consultants 45 11F Court may order parties to attend appointments with a family consultant 45 11G Consequences of failure to comply with order under section 11F 46 Part IIIA-Obligations to inform people about non-court based family services and about court's processes and services 47 Division 1-Introduction 47 12A Objects of this Part 47 Division 2-Kind of information to be provided 48 12B Prescribed information about non-court based family services and court's processes and services 48 12C Prescribed information about reconciliation 48 12D Prescribed information about Part VII proceedings 48 Division 3-Who must provide information, and when 49 12E Obligations on legal practitioners 49 12F Obligations on principal executive officers of courts 49 12G Obligations on family counsellors, family dispute resolution practitioners and arbitrators 50 Part IIIB-Court's powers in relation to court and non-court based family services 51 Division 1-Introduction 51 13A Objects of this Part 51 Division 2-Help with reconciliation 52 13B Court to accommodate possible reconciliations 52 Division 3-Referrals to family counselling, family dispute resolution and other family services 53 13C Court may refer parties to family counselling, family dispute resolution and other family services 53 13D Consequences of failure to comply with order under section 13C 54 Division 4-Court's role in relation to arbitration of disputes 55 13E Court may refer Part VIII proceedings to arbitration 55 13F Court may make orders to facilitate arbitration of certain disputes 55 13G Family Court and Federal Magistrates Court may determine questions of law referred by arbitrator 55 13H Awards made in arbitration may be registered in court 56 13J Family Court or Federal Magistrates Court can review registered awards 56 13K Family Court and Federal Magistrates Court may set aside registered awards 57 Part IV-The Family Court of Australia 58 Division 1-Interpretation 58 20 Interpretation 58 Division 2-The Family Court of Australia 59 21 Creation of Court 59 21A Divisions of Court 59 21B Arrangement of business of Court 59 Division 3-Judges 61 22 Appointment, removal and resignation of Judges 61 23 Seniority 62 24 Absence or illness of Chief Judge 64 25 Salary and Allowances 64 26 Oath or affirmation of allegiance and office 65 Division 4-Judicial Registrars 66 26A Judicial Registrars 66 26B Powers of Judicial Registrars 66 26C Review of decisions of Judicial Registrars 67 26D Exercise of delegated powers by Court 68 26E Application of the Legislative Instruments Act 2003 to rules of court 68 26F Independence of Judicial Registrars 69 26G Judicial Registrars hold office on full time or part time basis 69 26H Qualifications for appointment etc. 69 26I Term of office 69 26J Remuneration and allowances 69 26JA Leave of absence 70 26K Resignation 70 26L Termination of appointment 70 26M Oath or affirmation of office 70 26N Terms and conditions of appointment not provided for by Act 71 Division 5-Jurisdiction and exercise of jurisdiction 72 27 Place of sitting 72 27A Change of venue 72 28 Exercise of jurisdiction 72 30 Court divided in opinion 73 31 Original jurisdiction of Family Court 74 33 Jurisdiction in associated matters 74 33A Proceedings not to be instituted in the Family Court if an associated matter is before the Federal Magistrates Court 75 33B Discretionary transfer of proceedings to the Federal Magistrates Court 75 33C Mandatory transfer of proceedings to the Federal Magistrates Court 77 34 Issue of certain writs etc. 78 35 Contempt of court 78 Division 6-Registries and officers 79 36 Registries 79 37 Officers of Court 79 37A Delegation of powers to Registrars 79 37B Independence of Registrars 83 37C Oath or affirmation of office 84 Division 7-Practice and procedure 85 38 Practice and procedure 85 Part IVA-Management of the Court 86 Division 1-Management responsibilities of the Chief Judge and the Chief Executive Officer 86 38A Management of administrative affairs of Court 86 38B Chief Executive Officer 86 Division 1A-Administration of Court's family services 87 38BA Chief Executive Officer has functions of family consultants 87 38BB Chief Executive Officer may delegate powers and functions that relate to family consultants 87 38BC Chief Executive Officer may give directions that relate to family services functions 87 38BD Chief Executive Officer may authorise officer or staff member to act as family counsellor or family dispute resolution practitioner 88 Division 2-Appointment, powers etc. of Chief Executive Officer 89 38C Appointment of Chief Executive Officer 89 38D Powers of Chief Executive Officer 89 38E Remuneration of Chief Executive Officer 89 38F Terms and conditions of appointment of Chief Executive Officer 89 38G Leave of absence 90 38H Resignation 90 38J Outside employment of Chief Executive Officer 90 38K Termination of appointment 90 38L Disclosure of interests by Chief Executive Officer 92 38M Acting Chief Executive Officer 92 Division 3-Other officers and staff of Registries 93 38N Personnel other than the Chief Executive Officer 93 38P Marshal 94 38Q Statutory Agency etc. for purposes of Public Service Act 94 38R Engagement of consultants etc. 94 Division 4-Miscellaneous administrative matters 96 38S Annual report 96 38W Delegation of administrative powers of Chief Judge 96 38X Proceedings arising out of administration of Court 96 Part V-Jurisdiction in matrimonial causes 97 39 Jurisdiction in matrimonial causes 97 40 Jurisdiction of Family Court 100 40A Exercise of jurisdiction of Federal Magistrates Court in certain States and Territories 102 41 Establishment of State Family Courts 102 42 Law to be applied 104 43 Principles to be applied by courts 104 44 Institution of proceedings 104 44A Proceedings for divorce order 108 45 Stay and transfer of proceedings 108 46 Transfer of proceedings from court of summary jurisdiction in certain cases 109 47 Courts to act in aid of each other 111 Part VI-Divorce and nullity of marriage 112 48 Divorce 112 49 Meaning of separation 112 50 Effect of resumption of cohabitation 112 51 Nullity of marriage 113 52 Court not to make divorce order where application for decree of nullity before it 113 53 Circumstances occurring before commencement of Act or outside Australia 113 55 When divorce order takes effect 113 55A Divorce order where children 115 56 Certificate as to divorce order 115 57 Rescission of divorce order where parties reconciled 116 58 Rescission of divorce order on ground of miscarriage of justice 116 59 Re-marriage 116 Part VII-Children 117 Division 1-Introductory 117 Subdivision A-What this Division does 117 60A What this Division does 117 Subdivision B-Object, principles and outline 117 60B Objects of Part and principles underlying it 117 60C Outline of Part 118 Subdivision BA-Best interests of the child 122 60CA Child's best interests paramount consideration in making a parenting order 122 60CB Proceedings to which Subdivision applies 122 60CC How a court determines what is in a child's best interests 122 60CD How the views of a child are expressed 125 60CE Children not required to express views 126 60CF Informing court of relevant family violence orders 126 60CG Court to consider risk of family violence 126 Subdivision C-Interpretation and application of Part 126 60E Application of Part to void marriages 126 Subdivision D-Interpretation-how this Act applies to certain children 127 60F Certain children are children of marriage etc. 127 60G Family Court may grant leave for adoption proceedings by prescribed adopting parent 128 60H Children born as a result of artificial conception procedures 128 Subdivision E-Family dispute resolution 129 60I Attending family dispute resolution before applying for Part VII order 129 60J Family dispute resolution not attended because of child abuse or family violence 133 60K Court to take prompt action in relation to allegations of child abuse or family violence 134 Division 2-Parental responsibility 136 61A What this Division does 136 61B Meaning of parental responsibility 136 61C Each parent has parental responsibility (subject to court orders) 136 61D Parenting orders and parental responsibility 137 61DA Presumption of equal shared parental responsibility when making parenting orders 137 61DB Application of presumption of equal shared parental responsibility after interim parenting order made 138 61E Effect of adoption on parental responsibility 138 61F Application to Aboriginal or Torres Strait Islander children 138 Division 3-Reports relating to children under 18 139 62A What this Division does 139 62B Court's obligation to inform people to whom Part VII orders apply about family counselling, family dispute resolution and other family services 139 62G Reports by family consultants 139 Division 4-Parenting plans 141 63A What this Division does 141 63B Parents encouraged to reach agreement 141 63C Meaning of parenting plan and related terms 141 63CAA Parenting plans may include child support provisions 143 63D Parenting plan may be varied or revoked by further written agreement 143 63DA Obligations of advisers 144 63DB Registered parenting plans 146 63E Registration of a revocation of a registered parenting plan 147 63F Child welfare provisions of registered parenting plans 147 63G Child maintenance provisions of registered parenting plans- where not enforceable as maintenance agreements 148 63H Court's powers to set aside, discharge, vary, suspend or revive registered parenting plans 150 Division 5-Parenting orders-what they are 151 64A What this Division does 151 64B Meaning of parenting order and related terms 151 64C Parenting orders may be made in favour of parents or other persons 153 64D Parenting orders subject to later parenting plans 153 Division 6-Parenting orders other than child maintenance orders 154 Subdivision A-Introductory 154 65A What this Division does 154 65AA Child's best interests paramount consideration in making a parenting order 154 65B Division does not apply to child maintenance orders 155 Subdivision B-Applying for and making parenting orders 155 65C Who may apply for a parenting order 155 65D Court's power to make parenting order 155 65DAA Court to consider child spending equal time or substantial and significant time with each parent in certain circumstances 156 65DAB Court to have regard to parenting plans 158 65DAC Effect of parenting order that provides for shared parental responsibility 158 65DAE No need to consult on issues that are not major long-term issues 159 65DA Parenting orders 159 65F General requirements for counselling before parenting order made 160 65G Special conditions for making parenting order about whom a child lives with or the allocation of parental responsibility by consent in favour of non-parent 161 65H Children who are 18 or over or who have married or entered de facto relationships 162 65J Effect of adoption on parenting order 162 65K What happens when parenting order that deals with whom a child lives with does not make provision in relation to death of parent with whom child lives 163 65L Family consultants may be required to supervise or assist compliance with parenting orders 163 65LA Court may order attendance at a post-separation parenting program 164 65LB Conditions for providers of post-separation parenting programs 164 Subdivision C-General obligations created by certain parenting orders 165 65M General obligations created by parenting order that deals with whom a child lives with 165 65N General obligations created by parenting order that deals with whom a child spends time with 166 65NA General obligations created by parenting order that deals with whom a child communicates with 166 65P General obligations created by parenting order that allocates parental responsibility 166 65Q Court may issue warrant for arrest of alleged offender 167 Subdivision D-Dealing with people who have been arrested 167 65R Situation to which Subdivision applies 167 65S Arrested person to be brought before a court 168 65T Obligation of court-where application before it to deal with contravention 168 65U Obligation of court-where no application before it, but application before another court, to deal with contravention 169 65V Obligation of court-where no application before any court to deal with contravention 170 65W Applications heard as required by subsection 65T(2) or paragraph 65U(3)(b) 170 Subdivision E-Obligations under parenting orders relating to taking or sending children from Australia 170 65X Interpretation 170 65Y Obligations if certain parenting orders have been made 171 65Z Obligations if proceedings for the making of certain parenting orders are pending 171 65ZA Obligations of owners etc. of aircraft and vessels if certain parenting orders made 172 65ZB Obligations of owners etc. of aircraft and vessels if proceedings for the making of certain parenting orders are pending 173 65ZC General provisions applicable to sections 65ZA and 65ZB 174 65ZD State or Territory laws stopping children leaving Australia not affected 175 Division 7-Child maintenance orders 176 Subdivision A-What this Division does 176 66A What this Division does 176 Subdivision B-Objects and principles 176 66B Objects 176 66C Principles-parents have primary duty to maintain 176 66D Principles-when step-parents have a duty to maintain 177 Subdivision C-Relationship with Child Support (Assessment) Act 177 66E Child maintenance order not to be made etc. if application for administrative assessment of child support could be made 177 Subdivision D-Applying for and making child maintenance orders 178 66F Who may apply for a child maintenance order 178 66G Court's power to make child maintenance order 178 66H Approach to be taken in proceedings for child maintenance order 178 66J Matters to be taken into account in considering financial support necessary for maintenance of child 179 66K Matters to be taken into account in determining contribution that should be made by party etc. 180 66L Children who are 18 or over 181 66M When step-parents have a duty to maintain 182 66N Determining financial contribution of step-parent 182 Subdivision E-Other aspects of courts' powers 183 66P General powers of court 183 66Q Urgent child maintenance orders 184 66R Specification in orders of payments etc. for child maintenance purposes 184 66S Modification of child maintenance orders 185 Subdivision EA-Varying the maintenance of certain children 188 66SA Varying the maintenance of certain children 188 Subdivision F-When child maintenance orders stop being in force 189 66T Effect of child turning 18 189 66U Effect of death of child, person liable to pay or person entitled to receive 189 66V Effect of adoption, marriage or entering into a de facto relationship 189 66VA Children who are 18 or over: change of circumstances 190 66W Recovery of arrears 190 Subdivision G-Recovery of amounts paid under maintenance orders 191 66X Recovery of amounts paid, and property transferred or settled, under maintenance orders 191 Division 8-Other matters relating to children 194 Subdivision A-What this Division does 194 67A What this Division does 194 Subdivision B-Father's liability to contribute towards child bearing expenses if not married to mother 194 67B Father liable to contribute towards maintenance and expenses of mother 194 67C Matters to be taken into account in proceedings under Subdivision 195 67D Powers of court in proceedings under Subdivision 195 67E Urgent orders 196 67F Who may institute proceedings 197 67G Time limit for institution of proceedings 197 Subdivision C-Location and recovery of children 197 67J Meaning of location order and Commonwealth information order 197 67K Who may apply for a location order 197 67L Child's best interests paramount consideration in making a location order 198 67M Provisions about location orders, other than Commonwealth information orders 198 67N Provisions about Commonwealth information orders 199 67P Information provided under location order not to be disclosed except to limited persons 201 67Q Meaning of recovery order 202 67R How recovery orders authorise or direct people 203 67S How recovery orders to stop and search etc. name or describe vehicles, places etc. 203 67T Who may apply for a recovery order 204 67U Court's power to make recovery order 204 67V Child's best interests paramount consideration in making a recovery order 204 67W How long recovery order remains in force 204 67X Persons not to prevent or hinder taking of action under recovery order 205 67Y Obligation to notify persons of child's return 205 Subdivision D-Allegations of child abuse 206 67Z Where party to proceedings makes allegation of child abuse 206 67ZA Where member of the Court personnel, family counsellor, family dispute resolution practitioner or arbitrator suspects child abuse etc. 206 67ZB No liability for notification under section 67Z or 67ZA 208 Subdivision E-Other orders about children 208 67ZC Orders relating to welfare of children 208 67ZD Orders for delivery of passports 209 Division 9-Injunctions 210 68A What this Division does 210 68B Injunctions 210 68C Powers of arrest 211 Division 10-Independent representation of child's interests 212 68L Court order for independent representation of child's interests 212 68LA Role of independent children's lawyer 213 68M Order that child be made available for examination 214 Division 11-Family violence 216 68N Purposes of this Division 216 68P Obligations of court making an order or granting an injunction under this Act that is inconsistent with an existing family violence order 216 68Q Relationship of order or injunction made under this Act with existing inconsistent family violence order 218 68R Power of court making a family violence order to revive, vary, discharge or suspend an existing order, injunction or arrangement under this Act 219 68S Application of Act and Rules when exercising section 68R power 220 68T Special provisions relating to proceedings to make an interim (or interim variation of) family violence order 221 Division 12-Proceedings and jurisdiction 222 Subdivision A-What this Division does 222 69A What this Division does 222 Subdivision B-Institution of proceedings and procedure 222 69B Certain proceedings to be instituted only under this Part 222 69C Who may institute proceedings 222 69D Institution of maintenance proceedings by authorised authority or person 223 69E Child or parent to be present in Australia etc. 223 69F Applicant may be in contempt 224 Subdivision C-Jurisdiction of courts 224 69G Interpretation 224 69H Jurisdiction of Family Court, State Family Courts, Northern Territory Supreme Court and Federal Magistrates Court 224 69J Jurisdiction of courts of summary jurisdiction 224 69K Territory court does not have jurisdiction unless a party is ordinarily resident in the Territory 226 69L Jurisdiction in relation to transferred matters under other Commonwealth laws 226 69M Jurisdiction is additional to other jurisdiction 226 69N Transfer of proceedings from courts of summary jurisdiction in certain cases 226 Subdivision D-Presumptions of parentage 228 69P Presumptions of parentage arising from marriage 228 69Q Presumption of paternity arising from cohabitation 228 69R Presumption of parentage arising from registration of birth 229 69S Presumptions of parentage arising from findings of courts 229 69T Presumption of paternity arising from acknowledgments 230 69U Rebuttal of presumptions etc. 230 Subdivision E-Parentage evidence 230 69V Evidence of parentage 230 69VA Declarations of parentage 231 69W Orders for carrying out of parentage testing procedures 231 69X Orders associated with parentage testing orders 231 69XA Matters related particularly to parentage testing for purposes of an international agreement or arrangement 232 69Y Orders directed to persons 18 or over 233 69Z Orders directed to children under 18 233 69ZA No liability if parent etc. consents 233 69ZB Regulations about carrying out, and reporting on, parentage testing procedures 234 69ZC Reports of information obtained may be received in evidence 234 69ZD Parentage testing for purposes of international maintenance agreements 235 Subdivision F-Extension, application and additional operation of Part 236 69ZE Extension of Part to the States 236 69ZF Unless declaration in force, Part's extension to a State has effect subject to modifications 236 69ZG Application of Part in, and in relation to, Territories 237 69ZH Additional application of Part 237 69ZJ Additional jurisdiction of courts 238 69ZK Child welfare laws not affected 239 Division 12A-Principles for conducting child-related proceedings 240 Subdivision A-Proceedings to which this Division applies 240 69ZM Proceedings to which this Division applies 240 Subdivision B-Principles for conducting child-related proceedings 241 69ZN Principles for conducting child-related proceedings 241 69ZO This Division also applies to proceedings in Chambers 242 69ZP Powers under this Division may be exercised on court's own initiative 242 Subdivision C-Duties and powers related to giving effect to the principles 242 69ZQ General duties 242 69ZR Power to make determinations, findings and orders at any stage of proceedings 243 69ZS Use of family consultants 243 Subdivision D-Matters relating to evidence 244 69ZT Rules of evidence not to apply unless court decides 244 69ZU Evidence of family consultants 245 69ZV Evidence of children 245 69ZW Evidence relating to child abuse or family violence 246 69ZX Court's general duties and powers relating to evidence 247 Division 13-State, Territory and overseas orders 249 Subdivision A-What this Division does 249 70A What this Division does 249 Subdivision B-Registration of State and Territory orders 249 70C General registration of orders made under law of prescribed State 249 70D Registration of orders in a particular State 249 70E Effect of registration 249 Subdivision C-Registration of overseas orders 250 70G Registration of orders 250 70H Effect of registration-general 250 70J Effect of registration on exercise of jurisdiction 250 70K Cancellation of registration if Subdivision C parenting order made 251 70L Relationship between Australian orders and registered overseas child orders 251 Subdivision D-Transmission of Australian orders to overseas jurisdictions 252 70M Registrar to send documents etc. to overseas jurisdiction 252 70N Regulations may deal with sending Australian orders etc. to overseas jurisdiction 253 Division 13A-Consequences of failure to comply with orders, and other obligations, that affect children 255 Subdivision A-Preliminary 255 70NAA Simplified outline of Division 255 70NAB Application of Division 255 70NAC Meaning of contravened an order 256 70NAD Requirements taken to be included in certain orders 256 70NAE Meaning of reasonable excuse for contravening an order 257 70NAF Standard of proof 259 Subdivision B-Court's power to vary parenting order 259 70NBA Variation of parenting order 259 70NBB Effect of parenting plan 260 Subdivision C-Contravention alleged but not established 261 70NCA Application of Subdivision 261 70NCB Costs 261 Subdivision D-Contravention established but reasonable excuse for contravention 262 70NDA Application of Subdivision 262 70NDB Order compensating person for time lost 262 70NDC Costs 263 Subdivision E-Contravention without reasonable excuse (less serious contravention) 263 70NEA Application of Subdivision 263 70NEB Powers of court 264 70NEC Bonds 267 70NED Duties of provider of post-separation parenting program 268 70NEF Evidence 268 70NEG Court may make further orders in relation to attendance at program 268 Subdivision F-Contravention without reasonable excuse (more serious contravention) 269 70NFA Application of Subdivision 269 70NFB Powers of court 270 70NFC When court is empowered to make a community service order 272 70NFD Variation and discharge of community service orders 273 70NFE Bonds 274 70NFF Procedure for enforcing community service orders or bonds 274 70NFG Sentences of imprisonment 275 70NFH Relationship between Subdivision and other laws 277 70NFI Arrangements with States and Territories for carrying out of sentences and orders 277 70NFJ Subdivision does not limit operation of section 105 277 Division 14-Miscellaneous 278 70P What this Division does 278 70Q Certain instruments not liable to duty 278 Part VIII-Property, spousal maintenance and maintenance agreements 279 71 Interpretation 279 71A This Part does not apply to certain matters covered by binding financial agreements 279 72 Right of spouse to maintenance 279 74 Power of court in spousal maintenance proceedings 280 75 Matters to be taken into consideration in relation to spousal maintenance 281 77 Urgent spousal maintenance cases 283 77A Specification in orders of payments etc. for spouse maintenance purposes 284 78 Declaration of interests in property 284 79 Alteration of property interests 285 79A Setting aside of orders altering property interests 292 79B Notification of proceeds of crime orders etc. 295 79C Court to stay property or spousal maintenance proceedings affected by proceeds of crime orders etc. 295 79D Lifting a stay 296 79E Intervention by DPP 297 79F Notifying third parties about application 297 79G Notifying bankruptcy trustee etc. about application under section 74, 78, 79 or 79A 297 79H Notifying court about bankruptcy etc. 298 79J Notifying non-bankrupt spouse about application under section 139A of the Bankruptcy Act 1966 299 80 General powers of court 300 81 Duty of court to end financial relations 301 82 Cessation of spousal maintenance orders 301 83 Modification of spousal maintenance orders 302 85A Ante-nuptial and post-nuptial settlements 304 86A Certain maintenance agreements ineffective 305 86 Registered maintenance agreements 305 87 Operation of maintenance agreements entered into in substitution for rights under Act [see Note 2] 306 87A Specification in maintenance agreements of payments etc. for maintenance purposes 311 88 Enforcement of maintenance agreements 312 89 Overseas maintenance agreements 312 89A Institution of spousal maintenance proceedings by authority or person 312 90 Certain instruments not liable to duty 312 Part VIIIAA-Orders and injunctions binding third parties 315 Division 1-Preliminary 315 Subdivision A-Scope of this Part 315 90AA Object of this Part 315 90AB Definitions 315 90AC This Part overrides other laws, trust deeds etc. 315 90ACA This Part not to apply to certain annuities 316 90AD Extended meaning of matrimonial cause and property 316 90ADA Other provisions of this Act not affected by this Part 316 Division 2-Orders under section 79 317 90AE Court may make an order under section 79 binding a third party 317 Division 3-Orders or injunctions under section 114 319 90AF Court may make an order or injunction under section 114 binding a third party 319 Division 4-Other matters 321 90AG Orders and injunctions binding on trustees 321 90AH Protection for a third party 321 90AI Service of documents on a third party 321 90AJ Expenses of third party 321 90AK Acquisition of property 322 Part VIIIA-Financial agreements 323 90A Definitions 323 90B Financial agreements before marriage 323 90C Financial agreements during marriage 324 90D Financial agreements after divorce order is made 324 90DA Need for separation declaration for certain provisions of financial agreement to take effect 325 90E Requirements with respect to provisions in financial agreements relating to the maintenance of a party or a child or children 326 90F Certain provisions in agreements 326 90G When financial agreements are binding 327 90H Effect of death of party to financial agreement 327 90J Termination of financial agreement 328 90K Circumstances in which court may set aside a financial agreement or termination agreement 329 90KA Validity, enforceability and effect of financial agreements and termination agreements 331 90L Financial and other agreements etc. not liable to duty 331 90M Notification of proceeds of crime orders etc. 332 90N Court to stay property or spousal maintenance proceedings affected by proceeds of crime orders etc. 333 90P Lifting a stay 333 90Q Intervention by DPP 334 Part VIIIB-Superannuation interests 335 Division 1-Preliminary 335 Subdivision A-Scope of this Part 335 90MA Object of this Part 335 90MB This Part overrides other laws, trust deeds etc. 335 90MC Extended meaning of matrimonial cause 335 Subdivision B-Interpretation 336 90MD Definitions 336 90MDA Extended meaning of trustee 338 90ME Splittable payments 339 90MF Reversionary interest 339 90MG Meaning of in force 339 Division 2-Payment splitting or flagging by agreement 341 Subdivision A-Superannuation agreements 341 90MH Superannuation agreement to be included in financial agreement 341 Subdivision B-Payment splitting 341 90MI Operative time for payment split 341 90MJ Payment split under superannuation agreement or flag lifting agreement 342 Subdivision C-Payment flagging 343 90MK Operative time for payment flag 343 90ML Payment flag 344 90MLA Some splittable payments payable if payment flag operating 345 90MM Payment flag may be terminated by court 346 90MN Flag lifting agreement etc. 346 Subdivision D-Miscellaneous 347 90MO Limitation on section 79 order 347 90MP Separation declaration 347 90MQ Superannuation interests in excess of low rate cap amount 348 90MR Enforcement by court order 348 Division 3-Payment splitting or flagging by court order 350 90MS Order under section 79 may include orders in relation to superannuation interests 350 90MT Splitting order 350 90MU Flagging order 351 90MUA Some splittable payments may be made without leave of court 352 Division 4-General provisions about payment splitting 353 90MV Court may cancel payment split 353 90MW Deductions from splittable payment before calculating payment split 353 90MX Multiple payment splits applying to the same splittable payment 353 90MY Fees payable to trustee 354 90MZ Superannuation preservation requirements 354 90MZA Waiver of rights under payment split 355 90MZB Trustee to provide information 355 90MZC Death of non-member spouse 357 Division 5-Miscellaneous 358 90MZD Orders binding on trustee 358 90MZE Protection for trustee 358 90MZF Service of documents on trustee 359 90MZG False declarations 359 90MZH Terminating employment because of payment flag etc. 359 Part IX-Intervention 360 91 Intervention by Attorney-General 360 91A Delegation by Attorney-General 360 91B Intervention by child welfare officer 361 92 Intervention by other persons 361 92A Intervention in child abuse cases 362 Part X-Appeals 363 93 No appeal after divorce order takes effect 363 93A Appellate jurisdiction of Family Court 363 94 Appeals to Family Court from courts other than the Federal Magistrates Court and the Magistrates Court of Western Australia 363 94AAA Appeals to Family Court from the Federal Magistrates Court and the Magistrates Court of Western Australia 365 94AAB Appeals, and applications for leave, without oral hearing 368 94AA Leave to appeal needed in some cases 368 94A Case stated 370 95 Appeals to High Court 371 96 Appeals from courts of summary jurisdiction 371 96AA Power to dismiss appeal 372 96A Part does not apply to section 111C jurisdiction 372 Part XI-Procedure and evidence 374 Division 1-General matters concerning procedure and evidence 374 97 Procedure 374 98 Evidence by affidavit 375 98A Proceedings in absence of parties 375 100 Evidence of husbands and wives 376 100B Children swearing affidavits, being called as witnesses or being present in court 377 100C Evidence in respect of which a child is a protected confider 377 101 Protection of witnesses 378 102 Proof of birth, parentage, death or marriage 378 102A Restrictions on examination of children 378 102B Assessors 379 Division 2-Use of video link, audio link or other appropriate means to give testimony, make appearances and give submissions etc. 380 102C Testimony 380 102D Appearance of persons 381 102E Making of submissions 381 102F Conditions for use of links 382 102G Putting documents to a person 384 102H Putting documents to a split court 385 102J Administration of oaths and affirmations 386 102K Expenses 386 102L New Zealand proceedings 387 Division 3-Split court 388 102M Determination that there is to be a split court 388 102N Conditions for split court 388 Part XII-Recognition of decrees 390 103 Decrees under this Act 390 104 Overseas decrees 390 104A Recognition in external Territories 393 Part XIII-Enforcement of decrees 394 105 Enforcement generally 394 106 Maintenance orders-more than 12 months in arrears 394 106A Execution of instruments by order of court 395 106B Transactions to defeat claims 396 107 People not to be imprisoned for failure to comply with certain orders 398 109 Inter-State enforcement of child bearing expenses order 398 109A Rules of Court relating to enforcement 398 109B Rules of Court relating to enforcement-Federal Magistrates Court 400 Part XIIIAA-International conventions, international agreements and international enforcement 402 Division 1-International maintenance orders and agreements etc. 402 110 Overseas enforcement of maintenance orders etc. 402 110A Registration and enforcement in Australia of overseas maintenance agreements etc. 405 110B Transmission of agreements etc. to overseas jurisdictions 405 111 Convention on Recovery Abroad of Maintenance 405 111A Convention on Recognition and Enforcement of Decisions Relating to Maintenance Obligations 406 111AA Maintenance obligations with New Zealand 406 111AB Agreement between the Government of the United States of America and the Government of Australia for the enforcement of Maintenance (Support) Obligations 407 Division 2-International child abduction 408 111B Convention on the Civil Aspects of International Child Abduction 408 Division 3-International agreements about adoption etc. 411 111C International agreements about adoption etc. 411 Division 4-International protection of children 413 Subdivision A-Preliminary 413 111CA Definitions 413 111CB Relationship between this Division and other provisions 415 Subdivision B-Jurisdiction for the person of a child 416 111CC Application of this Subdivision 416 111CD Jurisdiction relating to the person of a child 416 111CE Limitation when a child is wrongfully removed from or retained outside a Convention country 418 111CF Limitations when prior proceedings pending in a Convention country 418 111CG If a court is asked to assume jurisdiction 419 111CH Limitation if a competent authority of a Convention country is asked to assume jurisdiction 420 111CI When a certain Commonwealth personal protection measure lapses 421 Subdivision C-Jurisdiction for decisions about a guardian of a child's property 422 111CJ Application of this Subdivision 422 111CK Jurisdiction to appoint, or determine the powers of, a guardian for a child's property 423 111CL Limitation when a child is wrongfully removed from or retained outside a Convention country 424 111CM Limitations when prior proceedings pending in a Convention country 424 111CN If a court is asked to assume jurisdiction 426 111CO Limitation if a competent authority of a Convention country is asked to assume jurisdiction 426 111CP When a certain Commonwealth property protection measure lapses 427 Subdivision D-Applicable law 429 111CQ Meaning of law 429 111CR Applicable law generally 429 111CS Applicable law concerning parental responsibility 429 Subdivision E-Recognition of foreign measures 431 111CT Effect of registered foreign measures 431 Subdivision F-Co-operation 431 111CU Obligation to obtain consent to place child 431 111CV Obligation to inform competent authority about serious danger to a child 431 111CW Court proceedings dealing with whom a child spends time with 432 111CX Jurisdiction for a location order or a Commonwealth information order 433 111CY Giving information to central authorities and competent authorities in Convention countries 433 Subdivision G-Regulations 434 111CZ Regulations to implement the Convention 434 Division 5-Other matters 435 111D Regulations may provide for rules of evidence 435 Part XIIIA-Sanctions for failure to comply with orders, and other obligations, that do not affect children 436 Division 1-Interpretation 436 112AA Interpretation 436 112AB Meaning of contravene an order 437 112AC Meaning of reasonable excuse for contravening an order 437 Division 2-Sanctions for failure to comply with orders 439 112AD Sanctions for failure to comply with orders 439 112AE Sentences of imprisonment 440 112AF Bonds 441 112AG Additional sentencing alternatives 441 112AH Failure to comply with sentence passed, or order made, pursuant to paragraph 112AD(2)(b) 443 112AK Variation and discharge of orders 444 112AM Relationship between Division and other laws 445 112AN Arrangements with States and Territories for carrying out of sentences and orders 445 112AO Division does not limit operation of section 105 446 Part XIIIB-Contempt of court 447 112AP Contempt 447 Part XIV-Declarations and injunctions 449 112A Interpretation 449 113 Proceedings for declarations 449 114 Injunctions 449 114AA Powers of arrest 450 114AB Operation of State and Territory laws 452 Part XIVA-The Australian Institute of Family Studies 453 114A Interpretation 453 114B Establishment of Institute 453 114C Minister may give directions to Director 454 114D Appointment of Director 454 114E Term of appointment 454 114F Acting appointments 454 114G Director's remuneration 455 114H Outside employment 455 114J Leave of absence 455 114K Disclosure of interests 455 114L Other terms and conditions 456 114LA Resignation 456 114LB Termination of appointment 456 114LC Annual reports 457 114LD Delegation 457 114M Staff 457 Part XV-Miscellaneous 458 115 Family Law Council 458 116C Payments to legal practitioners by legal aid bodies 459 117 Costs 460 117AA Costs in proceedings relating to overseas enforcement and international Conventions 462 117AB Costs where false allegation or statement made 462 117AC Security for costs 463 117A Reparation for certain losses and expenses relating to children 463 117B Interest on moneys ordered to be paid 464 117C Offers of settlement 465 118 Frivolous or vexatious proceedings 465 119 Married persons may sue each other 466 120 Criminal conversation, adultery and enticement 466 121 Restriction on publication of court proceedings 466 122 Rights of legal practitioners 469 122AA Use of reasonable force in arresting persons 469 122A Powers of entry and search for purposes of arresting persons 469 122B Arrangements with States and Territories 470 123 Rules of Court 470 124 Rules Advisory Committee 475 124A Regulations in relation to overseas-related maintenance obligations etc. 476 125 Regulations 477 Schedule 1-Child Protection Convention 479 Notes 507 An Act relating to Marriage and to Divorce and Matrimonial Causes and, in relation thereto and otherwise, Parental Responsibility for Children, and certain other Matters Part I-Preliminary 1 Short title [see Note 1] This Act may be cited as the Family Law Act 1975. 2 Commencement [see Note 1] This Act shall come into operation on a date to be fixed by Proclamation. 3 Repeal and saving (1) The Matrimonial Causes Act 1959, the Matrimonial Causes Act 1965 and the Matrimonial Causes Act 1966 are repealed. (2) Notwithstanding the repeal effected by subsection (1): (a) the validity of a decree made before the commencement of the Matrimonial Causes Act 1959 by virtue of the Imperial Act entitled the Matrimonial Causes (War Marriages) Act, 1944 or Part I of the Matrimonial Causes (War Marriages) Act 1947 of New Zealand and in force immediately before the commencement of this Act shall continue to be recognized in all courts in Australia; (b) a decree of the Supreme Court of a State or Territory made before the commencement of the Matrimonial Causes Act 1959 in the exercise of jurisdiction invested or conferred by the Matrimonial Causes Act 1945, or that Act as amended by the Matrimonial Causes Act 1955, and in force immediately before the commencement of this Act shall continue to have effect throughout Australia; and (c) a decree of the Supreme Court, or of a court of summary jurisdiction, of a State or Territory: (i) made before the commencement of this Act in the exercise of jurisdiction invested or conferred by the repealed Act, or in a matrimonial cause or proceedings for a separation order instituted under the law of that State or Territory, being a decree that was in force immediately before the commencement of this Act; or (ii) made after the commencement of this Act in proceedings to which subsection 9(1) applied; shall have, or continue to have, effect throughout Australia, and, except in the case of: (iii) a decree of nullity of marriage made on the ground that the marriage was voidable; (iv) a decree of judicial separation; (v) a decree of restitution of conjugal rights; (vi) a decree of jactitation of marriage; or (vii) a separation order; this Act applies to and in relation to the decree as if the decree had been made under this Act. (3) For the purposes of paragraph (2)(c), a purported decree to which section 5 of the Matrimonial Causes Act 1971 applied made in a State shall be deemed to be a decree of the Supreme Court of that State made in the exercise of jurisdiction invested by the repealed Act. 4 Interpretation (1) In this Act, the standard Rules of Court and the related Federal Magistrates Rules, unless the contrary intention appears: Aboriginal child means a child who is a descendant of the Aboriginal people of Australia. Aboriginal or Torres Strait Islander culture in relation to a child: (a) means the culture of the Aboriginal or Torres Strait Islander community or communities to which the child belongs; and (b) includes Aboriginal or Torres Strait Islander lifestyle and traditions of that community or communities. abuse, in relation to a child, means: (a) an assault, including a sexual assault, of the child which is an offence under a law, written or unwritten, in force in the State or Territory in which the act constituting the assault occurs; or (b) a person involving the child in a sexual activity with that person or another person in which the child is used, directly or indirectly, as a sexual object by the first-mentioned person or the other person, and where there is unequal power in the relationship between the child and the first-mentioned person. Accreditation Rules means regulations made under section 10A. adopted, in relation to a child, means adopted under the law of any place (whether in or out of Australia) relating to the adoption of children. alleged contravention, in Subdivision D of Division 6 of Part VII, means the alleged contravention because of which the alleged offender is arrested. alleged offender, in Subdivision D of Division 6 of Part VII, means the person who is arrested. appeal includes an application for a re-hearing. Appeal Division means the Appeal Division of the Family Court. applicable Rules of Court: (a) in relation to the Federal Magistrates Court-means the related Federal Magistrates Rules; and (b) in relation to any other court-means the standard Rules of Court. applicant includes a cross-applicant and, in relation to proceedings for dissolution of marriage instituted before the commencement of this Act, includes a petitioner or cross- petitioner. applied provisions, when used in Division 13A of Part VII in relation to a community service order made under paragraph 70NFB(2)(a), means the provisions of the laws of a State or Territory (as modified by regulations made under subsection 70NFC(4)), that, because of regulations made under that subsection, apply in relation to the order. appropriate authority, when used in Part VII in relation to a Commonwealth instrumentality, means a person: (a) who in, or in relation to, the instrumentality: (i) is an SES employee or acting SES employee; or (ii) holds an office or position that is at a level equivalent to that of an SES employee; or (b) who is authorised in writing by the principal officer of the instrumentality to provide information under Commonwealth information orders. appropriate officer, when used in Division 5 of Part III in relation to the Family Court, means: (a) the Chief Executive Officer of the Family Court; or (b) any other officer of the Family Court specified in writing by the Chief Executive Officer for the purposes of this definition. arbitration has the meaning given by section 10L. arbitrator has the meaning given by section 10M. arresting person means the person who arrests the alleged offender. artificial conception procedure includes: (a) artificial insemination; and (b) the implantation of an embryo in the body of a woman. audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places. Australia includes Norfolk Island. bankruptcy trustee, in relation to a bankrupt, means the trustee of the bankrupt's estate. birth includes stillbirth. captain, in relation to an aircraft or vessel, means the person in charge or command of the aircraft or vessel. Chief Executive Officer means the Chief Executive Officer of the Family Court. Note: The Chief Executive Officer is appointed under section 38C. A person is appointed to act as the Chief Executive Officer under section 38M. child: (a) in Part VII, includes an adopted child and a stillborn child; and (b) in Subdivision E of Division 6 of that Part, means a person who is under 18 (including a person who is an adopted child). childbirth maintenance period, in relation to the birth of a child, means the period that begins on the day mentioned in paragraph (a) or (b) and ends 3 months after the child's birth: (a) if the mother: (i) works in paid employment; and (ii) is advised by a medical practitioner to stop working for medical reasons related to her pregnancy; and (iii) stops working after being so advised and more than 2 months before the child is due to be born; the period begins on the day on which she stops working; or (b) in any other case-the period begins on the day that is 2 months before the child is due to be born. child maintenance order has the meaning given by subsection 64B(5). child maintenance provisions, in relation to a parenting plan, has the meaning given by subsection 63C(5). child of a marriage includes a child who is, under subsection 60F(1) or (2), a child of a marriage, but does not include a child who has, under subsection 60F(3), ceased to be a child of a marriage. child-related proceedings has the meaning given by section 69ZM. child welfare law means a law of a State or Territory prescribed, or included in a class of laws of a State or Territory prescribed, for the purposes of this definition. child welfare officer, in relation to a State or Territory, means: (a) a person who, because he or she holds, or performs the duties of, a prescribed office of the State or Territory, has responsibilities in relation to a child welfare law of the State or Territory; or (b) a person authorised in writing by such a person for the purposes of Part VII. child welfare provisions, in relation to a parenting plan, has the meaning given by subsection 63C(4). Commonwealth information order has the meaning given by subsection 67J(2). Commonwealth instrumentality means a body or authority established for a public purpose by or under a law of the Commonwealth. community service order has the meaning given by subsection 70NFC(3). contravened an order, in Division 13A of Part VII, has the meaning given by section 70NAC. court, in relation to any proceedings, means the court exercising jurisdiction in those proceedings by virtue of this Act. debtor subject to a personal insolvency agreement has the meaning given by section 5. decree means decree, judgment or order and includes: (a) an order dismissing an application; or (b) a refusal to make a decree or order. de facto relationship means the relationship between a man and a woman who live with each other as spouses on a genuine domestic basis although not legally married to each other. Department, in Subdivision C of Division 8 of Part VII, means a Department of State of the Commonwealth. divorce means the termination of a marriage otherwise than by the death of a party to the marriage. Note: Annulment does not involve the termination of a marriage but simply a declaration that a purported marriage is in fact void. divorce or validity of marriage proceedings means: (a) proceedings between the parties to a marriage, or by the parties to a marriage, for: (i) a divorce order in relation to the marriage; or (ii) a decree of nullity of marriage; or (b) proceedings for a declaration as to the validity of: (i) a marriage; or (ii) a divorce; or (iii) the annulment of a marriage; by decree or otherwise. DPP means the Director of Public Prosecutions. education includes apprenticeship or vocational training. excluded order means: (a) an interim order; or (b) an order made in favour of a person where: (i) the order was made on the application of the person; and (ii) notice of making the application was not served on any other person; and (iii) no other person appeared at the hearing of the application. family consultant has the meaning given by section 11B. family counselling has the meaning given by section 10B. family counsellor has the meaning given by section 10C. family dispute resolution has the meaning given by section 10F. family dispute resolution practitioner has the meaning given by section 10G. Family Law Magistrate of Western Australia means a person who holds office concurrently: (a) as a magistrate under the Magistrates Court Act 2004 of Western Australia; and (b) as the Principal Registrar, or as a Registrar, of the Family Court of Western Australia. family violence means conduct, whether actual or threatened, by a person towards, or towards the property of, a member of the person's family that causes that or any other member of the person's family reasonably to fear for, or reasonably to be apprehensive about, his or her personal wellbeing or safety. Note: A person reasonably fears for, or reasonably is apprehensive about, his or her personal wellbeing or safety in particular circumstances if a reasonable person in those circumstances would fear for, or be apprehensive about, his or her personal wellbeing or safety. family violence order means an order (including an interim order) made under a prescribed law of a State or Territory to protect a person from family violence. financial agreement means an agreement that is a financial agreement under section 90B, 90C or 90D, but does not include an ante-nuptial or post-nuptial settlement to which section 85A applies. financial matters, in relation to the parties to a marriage, means matters with respect to: (a) the maintenance of one of the parties; (b) the property of those parties or of either of them; or (c) the maintenance of children of the marriage. financial or Part VII proceedings means proceedings (being, unless the context otherwise requires, proceedings under this Act) of a kind referred to in any of paragraphs (c) to (eb) of the definition of matrimonial cause in this subsection or proceedings under Part VII. forfeiture application means an application for a forfeiture order under the Proceeds of Crime Act 2002. forfeiture order means a forfeiture order under the Proceeds of Crime Act 2002. Full Court means: (a) 3 or more Judges of the Family Court sitting together, where a majority of those Judges are members of the Appeal Division; or (b) in relation to particular proceedings: (i) 3 or more Judges of the Family Court sitting together, where, at the commencement of the hearing of the proceedings, a majority of those Judges were members of the Appeal Division; or (ii) 2 Judges of the Family Court sitting together, where those Judges are permitted, by subsection 28(4), to complete the hearing and determination, or the determination, of those proceedings. General Division means the General Division of the Family Court. guardian, when used in Part VII in relation to a child, includes a person who has been granted (whether alone or jointly with another person or other persons) guardianship of the child under the law of the Commonwealth or of a State or Territory. income tested pension, allowance or benefit means a pension, allowance or benefit prescribed, or included in a class of pensions, allowances or benefits prescribed, for the purposes of this definition. independent children's lawyer for a child means a lawyer who represents the child's interests in proceedings under an appointment made under a court order under subsection 68L(2). information about the child's location, in the context of a location order made or to be made by a court in relation to a child, means information about: (a) where the child is; or (b) where a person, who the court has reasonable cause to believe has the child, is. interests, when used in Part VII in relation to a child, includes matters related to the care, welfare or development of the child. lawyer means a person enrolled as a legal practitioner of: (a) a federal court; or (b) the Supreme Court of a State or Territory. location order has the meaning given by subsection 67J(1). made, in relation to a decree, being a judgment, means given. made in favour, in relation to a parenting order (other than a child maintenance order), has the meaning given by subsection 64B(6). maintenance agreement means an agreement in writing made, whether before or after the commencement of this Act and whether within or outside Australia, between the parties to a marriage, being an agreement that makes provision with respect to financial matters, whether or not there are other parties to the agreement and whether or not it also makes provision with respect to other matters, and includes such an agreement that varies an earlier maintenance agreement. major long-term issues, in relation to a child, means issues about the care, welfare and development of the child of a long-term nature and includes (but is not limited to) issues of that nature about: (a) the child's education (both current and future); and (b) the child's religious and cultural upbringing; and (c) the child's health; and (d) the child's name; and (e) changes to the child's living arrangements that make it significantly more difficult for the child to spend time with a parent. To avoid doubt, a decision by a parent of a child to form a relationship with a new partner is not, of itself, a major long- term issue in relation to the child. However, the decision will involve a major long-term issue if, for example, the relationship with the new partner involves the parent moving to another area and the move will make it significantly more difficult for the child to spend time with the other parent. matrimonial cause means: (a) proceedings between the parties to a marriage, or by the parties to a marriage, for: (i) a divorce order in relation to the marriage; or (ii) a decree of nullity of marriage; or (b) proceedings for a declaration as to the validity of: (i) a marriage; or (ii) a divorce; or (iii) the annulment of a marriage; by decree or otherwise; or (c) proceedings between the parties to a marriage with respect to the maintenance of one of the parties to the marriage; or (caa) proceedings between: (i) a party to a marriage; and (ii) the bankruptcy trustee of a bankrupt party to the marriage; with respect to the maintenance of the first-mentioned party; or (ca) proceedings between the parties to a marriage with respect to the property of the parties to the marriage or either of them, being proceedings: (i) arising out of the marital relationship; (ii) in relation to concurrent, pending or completed divorce or validity of marriage proceedings between those parties; or (iii) in relation to the divorce of the parties to that marriage, the annulment of that marriage or the legal separation of the parties to that marriage, being a divorce, annulment or legal separation effected in accordance with the law of an overseas jurisdiction, where that divorce, annulment or legal separation is recognised as valid in Australia under section 104; or (cb) proceedings between: (i) a party to a marriage; and (ii) the bankruptcy trustee of a bankrupt party to the marriage; with respect to any vested bankruptcy property in relation to the bankrupt party, being proceedings: (iii) arising out of the marital relationship; or (iv) in relation to concurrent, pending or completed divorce or validity of marriage proceedings between the parties to the marriage; or (v) in relation to the divorce of the parties to the marriage, the annulment of the marriage or the legal separation of the parties to the marriage, being a divorce, annulment or legal separation effected in accordance with the law of an overseas jurisdiction, where that divorce, annulment or legal separation is recognised as valid in Australia under section 104; or (d) proceedings between the parties to a marriage for the approval by a court of a maintenance agreement or for the revocation of such an approval or for the registration of a maintenance agreement; or (e) proceedings between the parties to a marriage for an order or injunction in circumstances arising out of the marital relationship (other than proceedings under a law of a State or Territory prescribed for the purposes of section 114AB); or (ea) proceedings between: (i) the parties to a marriage; or (ii) if one of the parties to a marriage has died-the other party to the marriage and the legal personal representative of the deceased party to the marriage; being proceedings: (iii) for the enforcement of, or otherwise in relation to, a maintenance agreement that has been approved under section 87 and the approval of which has not been revoked; (iv) in relation to a maintenance agreement the approval of which under section 87 has been revoked; or (v) with respect to the enforcement under this Act or the applicable Rules of Court of a maintenance agreement that is registered in a court under section 86 or an overseas maintenance agreement that is registered in a court under regulations made pursuant to section 89; or (eaa) without limiting any of the preceding paragraphs, proceedings between the parties to a marriage with respect to a financial agreement made by them; or (eab) third party proceedings (as defined in section 4A) to set aside a financial agreement; or (eb) proceedings with respect to the enforcement of a decree made under the law of an overseas jurisdiction in proceedings of a kind referred to in paragraph (c); or (f) any other proceedings (including proceedings with respect to the enforcement of a decree or the service of process) in relation to concurrent, pending or completed proceedings of a kind referred to in any of paragraphs (a) to (eb), including proceedings of such a kind pending at, or completed before, the commencement of this Act. medical expenses includes medical, surgical, dental, diagnostic, hospital, nursing, pharmaceutical and physiotherapy expenses. medical practitioner means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners. member of the family, in relation to a person, has, for the purposes of the definition of step-parent, paragraphs 60CC(3)(j) and (k) and section 60CF, the meaning given by subsection (1AB) of this section. order under this Act affecting children, in relation to a court, means: (a) a parenting order; or (b) an injunction granted by the court: (i) under section 68B; or (ii) under section 114 in so far as the injunction is for the protection of a child; or (c) an undertaking given to, and accepted by, the court: (i) that relates to, or to the making of, an order or injunction referred to in paragraph (a) or (b) or a community service order referred to in paragraph (f); or (ii) that relates to a bond referred to in paragraph (g); or (d) a subpoena issued under the applicable Rules of Court: (i) that relates to, or to the making of, an order or injunction referred to in paragraph (a) or (b) or a community service order referred to in paragraph (f); or (ii) that relates to a bond referred to in paragraph (g); being a subpoena issued to a party to the proceedings for the order, injunction or bond, as the case may be; or (e) a registered parenting plan within the meaning of subsection 63C(6); or (f) a community service order made under paragraph 70NFB(2)(a); or (g) a bond entered into: (i) under a parenting order; or (ii) under paragraph 70NFB(2)(b); or (iii) for the purposes of subsection 70NFG(6); and includes an order, injunction, plan or bond that: (h) is an order under this Act affecting children made by another court because of paragraph (a), (b), (e) or (g); and (i) has been registered in the first-mentioned court. ordinarily resident includes habitually resident. overseas child order means: (a) an order made by a court of a prescribed overseas jurisdiction that: (i) however it is expressed, has the effect of determining the person or persons with whom a child who is under 18 is to live, or that provides for a person or persons to have custody of a child who is under 18; or (ii) however it is expressed, has the effect of providing for a person or persons to spend time with a child who is under 18; or (iii) however it is expressed, has the effect of providing for contact between a child who is under 18 and another person or persons, or that provides for a person or persons to have access to a child who is under 18; or (iv) varies or discharges an order of the kind referred to in subparagraph (i), (ii) or (iii), including an order of that kind made under this Act; or (b) an order made for the purposes of the Convention referred to in section 111B by a judicial or administrative authority of a convention country (within the meaning of the regulations made for the purposes of that section). overseas jurisdiction means a country, or part of a country, outside Australia. overseas maintenance agreement means a maintenance agreement that has force and effect in a prescribed overseas jurisdiction by reason of the registration of the agreement, or the taking of any other action in relation to the agreement, under the law of that jurisdiction and includes an agreement with respect to the maintenance of an ex-nuptial child that would be covered by the foregoing provisions of this definition if the child were a child of the marriage of the parties to the agreement. parent, when used in Part VII in relation to a child who has been adopted, means an adoptive parent of the child. parentage testing order has the meaning given by subsection 69W(1). parentage testing procedure means a medical procedure prescribed, or included in a class of medical procedures prescribed, for the purposes of this definition. parental responsibility, in Part VII, has the meaning given by section 61B. parenting order has the meaning given by subsection 64B(1). parenting plan has the meaning given by subsection 63C(1). Part VIIIA proceedings means proceedings in relation to a financial agreement. Part VIIIB proceedings means: (a) proceedings in relation to a superannuation agreement (within the meaning of Part VIIIB); or (b) proceedings in relation to a payment split or payment flag (within the meaning of that Part); or (c) any other proceedings under that Part. Part VIII proceedings means proceedings under Part VIII for orders with respect to spousal maintenance or the property of parties to a marriage, but does not include any proceedings specified in the regulations for the purposes of this definition. pending, in Subdivision E of Division 6 of Part VII, has a meaning affected by section 65X. personal insolvency agreement has the same meaning as in the Bankruptcy Act 1966. police officer means: (a) a member or special member of the Australian Federal Police; or (b) a member, however described, of the police force of a State or Territory. post-separation parenting program means a program: (a) that is designed to help people to resolve problems that adversely affect the carrying out of their parenting responsibilities (including by providing counselling services or by teaching techniques to resolve disputes); and (b) that consists of lectures, discussions (including group discussions) or other activities; and (c) that is provided by an organisation that meets the conditions in section 65LB. prescribed adopting parent, in relation to a child, means: (a) a parent of the child; or (b) the spouse of, or a person in a de facto relationship with, a parent of the child; or (c) a parent of the child and either his or her spouse or a person in a de facto relationship with the parent. prescribed child welfare authority, in relation to abuse of a child, means: (a) if the child is the subject of proceedings under Part VII in a State or Territory-an officer of the State or Territory who is responsible for the administration of the child welfare laws of the State or Territory, or some other prescribed person; or (b) if the child is not the subject of proceedings under Part VII- an officer of the State or Territory in which the child is located or is believed to be located who is responsible for the administration of the child welfare laws of the State or Territory, or some other prescribed person. prescribed overseas jurisdiction means any country, or part of a country, outside Australia that is declared by the regulations to be a prescribed overseas jurisdiction for the purposes of the provision in which the expression is used. prescribed proceedings means: (a) divorce or validity of marriage proceedings; or (b) proceedings in relation to concurrent, pending or completed divorce or validity of marriage proceedings. primary order means an order under this Act affecting children and includes such order as varied. principal officer, when used in Subdivision C of Division 8 of Part VII in relation to a Commonwealth instrumentality, means: (a) if the regulations declare an office to be the principal office in respect of the instrumentality-the person holding, or performing the duties of, that office; or (b) the person who constitutes the instrumentality or who is entitled to preside at any meeting of the instrumentality, or of its governing body, at which the person is present. proceedings means a proceeding in a court, whether between parties or not, and includes cross-proceedings or an incidental proceeding in the course of or in connexion with a proceeding. proceedings for principal relief means proceedings under this Act of a kind referred to in paragraph (a) or (b) of the definition of matrimonial cause in this subsection. proceeds of crime order means: (a) a restraining order under the Proceeds of Crime Act 2002; or (b) a forfeiture order under the Proceeds of Crime Act 2002. professional ethics includes: (a) rules of professional conduct; and (b) rules of professional etiquette; and (c) a code of ethics; and (d) standards of professional conduct. property, in relation to the parties to a marriage or either of them, means property to which those parties are, or that party is, as the case may be, entitled, whether in possession or reversion. property settlement or spousal maintenance proceedings means proceedings with respect to: (a) the property of the parties to a marriage or either of them; or (aa) the vested bankruptcy property in relation to a bankrupt party to a marriage; or (b) the maintenance of a party to a marriage. property settlement proceedings means proceedings with respect to: (a) the property of the parties to a marriage or either of them; or (b) the vested bankruptcy property in relation to a bankrupt party to a marriage. reasonable excuse for contravening an order includes the meanings given by section 70NAE. recovery order has the meaning given by section 67Q. Registrar means: (a) in relation to the Family Court-the Principal Registrar, a Registrar, or a Deputy Registrar of the Court; and (b) in relation to a court other than the Family Court-the principal legal officer of the court or any other appropriate officer of the court. Registry Manager: (a) except in Subdivision C of Division 8 of Part VII and section 67Z, means: (i) in relation to the Family Court-the Registry Manager of a Registry of the Court; and (ii) in relation to a court other than the Family Court-the principal officer of the court or any other appropriate officer of the court; and (b) in Subdivision C of Division 8 of Part VII, means: (i) in relation to the Family Court-the Registry Manager of the Registry of the Court; and (ii) in relation to the Family Court of Western Australia-the Principal Registrar, a Registrar or a Deputy Registrar, of the court; and (iii) in relation to any other court-the principal officer of the court. related Federal Magistrates Rules means the Rules of Court made under the Federal Magistrates Act 1999 to the extent to which they relate to this Act. relative of a child: (a) in Part VII, means: (i) a step-parent of the child; or (ii) a brother, sister, half-brother, half-sister, step-brother or step-sister of the child; or (iii) a grandparent of the child; or (iv) an uncle or aunt of the child; or (v) a nephew or niece of the child; or (vi) a cousin of the child; and (b) in subsection (1AB), has the meaning given by subsection (1AC). relevant property or financial arbitration has the meaning given by subsection 10L(2). repealed Act means the Matrimonial Causes Act 1959. section 13E arbitration has the meaning given by subsection 10L(2). section 106A proceedings means proceedings under section 106A. separation order means a decree, not being a decree of dissolution or nullity of marriage or for a judicial separation, having the effect of relieving a party to a marriage from any obligation to cohabit with the other party to the marriage. split court has the meaning given by subsection 27(2). standard Rules of Court means Rules of Court made under this Act. State, in Subdivision B of Division 13 of Part VII, includes a Territory. State child order means an order made under the law of a State: (a) that (however it is expressed) has the effect of determining the person or persons with whom a child who is under 18 is to live, or that provides for a person or persons to have custody of a child who is under 18; or (b) that (however it is expressed) has the effect of providing for a person or persons to spend time with a child who is under 18; or (c) that (however it is expressed) has the effect of providing for contact between a child who is under 18 and another person or persons, or that provides for a person or persons to have access to a child who is under 18. step-parent, in relation to a child, means a person who: (a) is not a parent of the child; and (b) is or has been married to a parent of the child; and (c) treats, or at any time during the marriage treated, the child as a member of the family formed with the parent. Subdivision C parenting order, when used in Division 13 of Part VII, means a parenting order to the extent to which it deals with: (a) whom a child is to live with; or (b) whom a child is to spend time with; or (c) who is to be responsible for a child's day-to-day care, welfare and development. Territory includes: (a) Norfolk Island; (b) the Territory of Christmas Island; (c) the Territory of Cocos (Keeling) Islands; but does not include any other external Territory. this Act includes the regulations. Torres Strait Islander child means a child who is a descendant of the Indigenous inhabitants of the Torres Strait Islands. trustee, in relation to a personal insolvency agreement, has the same meaning as in the Bankruptcy Act 1966. vested bankruptcy property, in relation to a bankrupt, means property of the bankrupt that has vested in the bankruptcy trustee under the Bankruptcy Act 1966. For this purpose, property has the same meaning as in the Bankruptcy Act 1966. video link means facilities (for example, closed-circuit television facilities) that enable audio and visual communication between persons in different places. warrant issued under a provision of this Act includes a warrant issued under the standard Rules of Court or the related Federal Magistrates Rules. (1AA) A reference in this Act to a person or people involved in proceedings is a reference to: (a) any of the parties to the proceedings; and (b) any child whose interests are considered in, or affected by, the proceedings; and (c) any person whose conduct is having an effect on the proceedings. (1AB) For the purposes of: (a) the definitions of family violence and step-parent in subsection (1); and (b) paragraphs 60CC(3)(j) and (k); and (c) section 60CF; a person (the first person) is a member of the family of another person (the second person) if: (d) the first person is or has been married to, or in a de facto relationship with, the second person; or (e) the first person is or has been a relative of the second person (as defined in subsection (1AC)); or (f) an order under this Act described in subparagraph (i) or (ii) is or was (at any time) in force: (i) a parenting order (other than a child maintenance order) that relates to a child who is either the first person or the second person and that is in favour of the other of those persons; (ii) an order providing for the first person or the second person to have custody or guardianship of, or a right of access to, the other of those persons; or (g) an order under a law of a State or Territory described in subparagraph (i) or (ii) is or was (at any time) in force: (i) an order determining that the first person or the second person is or was to live with the other of those persons, or is or was to have custody or guardianship of the other of those persons; (ii) an order providing for contact between the first person and the second person, or for the first person or the second person to have a right of access to the other of those persons; or (h) the first person ordinarily or regularly resides or resided with the second person, or with another member of the family of the second person; or (i) the first person is or has been a member of the family of a child of the second person. (1AC) For the purposes of subsection (1AB), a relative of a person is: (a) a father, mother, grandfather, grandmother, step-father or step- mother of the person; or (b) a son, daughter, grandson, grand-daughter, step-son or step- daughter of the person; or (c) a brother, sister, half-brother, half-sister, step-brother or step-sister of the person; or (d) an uncle or aunt of the person; or (e) a nephew or niece of the person; or (f) a cousin of the person; or (g) if the person is or was married-in addition to paragraphs (a) to (f), a person who is or was a relative, of the kind described in any of those paragraphs, of the person's spouse; or (h) if the person is or was in a de facto relationship with another person-in addition to paragraphs (a) to (f), a person who would be a relative of a kind described in any of those paragraphs if the persons in that de facto relationship were or had been married to each other. (1A) In this Act, the standard Rules of Court and the related Federal Magistrates Rules: (a) a reference to the Family Court is a reference to the Family Court of Australia; and (b) a reference to a Family Court of a State is a reference to a court to which section 41 applies. (2) A reference in this Act, the standard Rules of Court or the related Federal Magistrates Rules to a party to a marriage includes a reference to a person who was a party to a marriage that has been: (a) terminated by divorce (in Australia or elsewhere); or (b) annulled (in Australia or elsewhere); or (c) terminated by the death of one party to the marriage. (3) To avoid doubt, for all purposes: (a) jurisdiction under the standard Rules of Court is taken to be jurisdiction under this Act; and (b) jurisdiction under the related Federal Magistrates Rules is taken to be jurisdiction under this Act; and (c) proceedings under the standard Rules of Court are taken to be proceedings under this Act; and (d) proceedings under the related Federal Magistrates Rules are taken to be proceedings under this Act; and (e) an order (however described) made by a court under the standard Rules of Court is taken to be an order made by the court under this Act; and (f) an order (however described) made by a court under the related Federal Magistrates Rules is taken to be an order made by the court under this Act. (4) A reference in this Act to a person who has parental responsibility for a child is a reference to a person who: (a) has some or all of that responsibility solely; or (b) shares some or all of that responsibility with another person. (5) A reference in this Act to a person who shares parental responsibility for a child with another person is a reference to a person who shares some or all of the parental responsibility for the child with that other person. 4A Third party proceedings to set aside financial agreement (1) For the purposes of paragraph (eab) of the definition of matrimonial cause in subsection 4(1), third party proceedings means proceedings between: (a) either or both of the parties to a financial agreement; and (b) a creditor or a government body acting in the interests of a creditor; being proceedings for the setting aside of the financial agreement on the ground specified in paragraph 90K(1)(aa). (2) In this section: creditor means: (a) a creditor of either of the parties to the financial agreement; or (b) a person who, at the commencement of the proceedings, could reasonably have been foreseen by the court as being reasonably likely to become a creditor of either of the parties to the financial agreement. government body means: (a) the Commonwealth, a State or a Territory; or (b) an official or authority of the Commonwealth, a State or a Territory. 5 Debtor subject to a personal insolvency agreement For the purposes of this Act, if: (a) a person who is a debtor (within the meaning of Part X of the Bankruptcy Act 1966) executes a personal insolvency agreement; and (b) the agreement has not ended (within the meaning of the Bankruptcy Act 1966); the person is a debtor subject to the personal insolvency agreement. 6 Polygamous marriages For the purpose of proceedings under this Act, a union in the nature of a marriage which is, or has at any time been, polygamous, being a union entered into in a place outside Australia, shall be deemed to be a marriage. 7 Extension of Act to certain Territories This Act extends to the following Territories: (a) Norfolk Island; (b) the Territory of Christmas Island; (c) the Territory of Cocos (Keeling) Islands. 7A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 8 Supersession of existing laws (1) After the commencement of this Act: (a) proceedings by way of a matrimonial cause shall not be instituted except under this Act; and (b) proceedings by way of a matrimonial cause instituted before the commencement of this Act shall not be continued except in accordance with section 9. (2) Proceedings for a decree of restitution of conjugal rights, of jactitation of marriage or of judicial separation shall not be instituted or continued after the commencement of this Act. (3) Proceedings for a separation order shall not be instituted after the commencement of this Act. 9 Transitional (1) Subject to subsections (2) and (2A), pending proceedings for a decree of dissolution of marriage or for a decree of nullity of marriage on the ground that the marriage is voidable, and pending proceedings for a separation order, may be continued and shall be dealt with as if this Act had not been passed. (2) Where the parties have lived separately and apart for a continuous period of not less than 12 months immediately preceding the date of commencement of this Act, pending proceedings for a decree of dissolution of marriage shall, if either party so requests, be dealt with as if they were proceedings instituted under this Act on the ground referred to in section 48, and, in relation to proceedings in which such a request is made, subsection 48(2) has effect as if the proceedings for dissolution of marriage had been instituted by an application filed on the date of commencement of this Act. (2A) Where subsection (2) does not apply but the parties have lived separately and apart for a continuous period of not less than 12 months immediately preceding the date of making of the request under this subsection, pending proceedings for a decree of dissolution of marriage shall, if either party so requests, be dealt with as if they were proceedings instituted under this Act on the ground referred to in section 48, and, in relation to proceedings in which such a request is made, subsection 48(2) has effect as if the proceedings for dissolution of marriage had been instituted by an application filed on the date of making of the request. (3) Pending proceedings for a decree of nullity of marriage on the ground that the marriage is void or proceedings of a kind referred to in paragraph (b) of the definition of matrimonial cause in subsection 4(1) may be continued and shall be dealt with as if they were proceedings instituted under this Act. (4) Pending proceedings constituting a matrimonial cause, not being proceedings for principal relief, whether instituted under the repealed Act or under the law of a State or Territory, may be continued and shall be dealt with as if they were proceedings instituted under this Act. (5) Subsection 117(1) does not apply to proceedings continued and dealt with under this section. (6) Where, in any proceedings constituting a matrimonial cause, a decree has been made before the commencement of this Act: (a) any appeal in respect of that decree may be continued or instituted; (b) any new trial or re-hearing ordered upon the hearing of such an appeal, or upon an appeal heard before the commencement of this Act, may be had and completed; and (c) any decree may be made upon any such appeal, new trial or re- hearing, and, if a decree so made is a decree nisi, the decree may become absolute; as if this Act had not been passed. (7) Where, in any proceedings constituting a matrimonial cause, a decree nisi was made before the commencement of this Act but did not become absolute before that date, the decree becomes absolute upon: (a) the expiration of 1 month from the date of making of the decree; (b) the expiration of 1 month from the date of making of a relevant order under subsection 71(1) of the repealed Act or section 55A of this Act; or (c) the date of commencement of this Act; whichever is the latest. (7A) Where, in any proceedings constituting a matrimonial cause, being proceedings continued and dealt with in accordance with subsection (1), a decree nisi was made on or after 5 January 1976 and before the date of commencement of this subsection, being a decree that did not become absolute before that last-mentioned date, or is made on or after the date of commencement of this subsection, then: (a) except in the case of a decree made before the date of commencement of this subsection in respect of which a relevant order was made under subsection 71(1) of the repealed Act before that date-section 55A of this Act applies in relation to the decree; and (b) the decree becomes absolute upon: (i) the expiration of one month from: (A) in the case of a decree in respect of which a relevant order was made under subsection 71(1) of the repealed Act before the date of commencement of this subsection- the date of making of that order; or (B) in any other case-the date of making of a relevant order under section 55A of this Act; or (ii) the date of commencement of this subsection; whichever is the later. (8) The law to be applied, and the practice and the procedure to be followed, in and in relation to pending proceedings that are continued as if this Act had not been passed shall be the same as if this Act had not been passed. (9) In this section: appeal includes: (a) an application for leave or special leave to appeal; (b) an application for a new trial or for a re-hearing; and (c) an intervention. pending proceedings means proceedings that were instituted before the date of commencement of this Act but were not completed before that date. Part IA-Protection of names 9A Use of protected names and symbols (1) A person must not, without the Minister's written consent: (a) use in relation to a business, trade, profession or occupation; or (b) use as the name, or as part of the name, of any firm, body corporate, institution, premises, vehicle, ship, aircraft or other craft; or (c) apply, as a trade mark or otherwise, to goods imported, manufactured, produced, sold, offered for sale or let for hire; or (d) use in relation to: (i) goods or services; or (ii) the 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. 10C 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 Magistrates 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 Magistrates 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 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) Part VIII proceedings, Part VIIIA 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 a