Commonwealth Consolidated Regulations

FEDERAL MAGISTRATES COURT RULES 2001 - REG 23.01A

         (1)   A party to an application for final orders may apply for an order that a family report be prepared.

         (2)   The Court may take the following matters into consideration when deciding whether to order a family report:

                (a)    whether the proceeding involves:

                          (i)    an intractable or complex parenting proceeding; or

                         (ii)    if a child is mature enough for the child's views to be significant in determining the proceeding -- a dispute about the child's views; or

                        (iii)    a dispute about the existence or quality of the relationship between a parent, or other significant person, and a child; or

                        (iv)    allegations that a child is at risk of abuse; or

                         (v)    family violence;

               (b)    whether there is any other relevant independent expert evidence available.

         (3)   An application for a family report (whether made orally or in writing), and any order made, must identify the issues to be addressed by the report.

         (4)   When ordering a family report, the Court may order a party or a child to attend for the purposes of preparing the report.

         (5)   If a family report is prepared in accordance with an order made under this rule, the Court may:

                (a)    give copies of the report to each party, or the party's lawyer, and to any independent children's lawyer; and

               (b)    receive the report in evidence; and

                (c)    permit oral examination of the person making the report; and

               (d)    order that the report not be released to a person or that access to the report be restricted.