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FAMILY LAW (FAMILY DISPUTE RESOLUTION PRACTITIONERS) REGULATIONS 2008 - REG 26 Family dispute resolution practitioner certificates

FAMILY LAW (FAMILY DISPUTE RESOLUTION PRACTITIONERS) REGULATIONS 2008 - REG 26

Family dispute resolution practitioner certificates

             (1)  For subsection 60I(7) of the Act, an applicant may file a certificate only within 12 months after the latest family dispute resolution or attempted family dispute resolution.

             (2)  The practitioner may give a certificate under paragraph 60I(8)(aa) of the Act only after having regard to the matters mentioned in subregulation 25(2).

             (3)  A family dispute resolution practitioner must not give a certificate under subsection 60I(8) of the Act to a person more than 12 months after the person last attended, or attempted to attend, family dispute resolution about the issue or issues that the order, for which the application was made, would deal with.

             (4)  A family dispute resolution practitioner may give a certificate under paragraph 60I(8)(a) of the Act only if the practitioner, or a person acting for the practitioner, has, at least twice, contacted each party who has failed to attend, with at least 1 contact in writing:

                     (a)  giving the party a reasonable choice of days and times for attendance at family dispute resolution; and

                     (b)  telling the party that, if the party does not attend family dispute resolution:

                              (i)  the practitioner may give a certificate under paragraph 60I(8)(a) of the Act; and

                             (ii)  the certificate may be taken into account by a court as specified in subregulation (4A).

          (4A)  For the purposes of subparagraph (4)(b)(ii), the certificate may be taken into account by a court:

                     (a)  when determining whether to make an order under section 13C of the Act referring the parties to attend family dispute resolution; or

                     (b)  in relation to the Federal Circuit and Family Court of Australia (Division 1)--in taking into account the powers of the Court under Division 4 of Part 6 of Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021 (dealing with case management) to award costs against a party under section 117 of the Act; or

                     (c)  in relation to the Federal Circuit and Family Court of Australia (Division 2)--in taking into account the powers of the Court under Division 4 of Part 6 of Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021 (dealing with case management) to award costs against a party under section 117 of the Act; or

                     (d)  in relation to any other court--when determining whether to award costs against a party under section 117 of the Act.

             (5)  If the family dispute resolution practitioner who is entitled to give a certificate under subsection 60I(8) of the Act becomes incapable of giving the certificate, the certificate may be given on behalf of the practitioner by an organisation for which the practitioner has provided family dispute resolution services.

Examples of incapacity

Death of the practitioner, loss of accreditation, inability to be contacted.