Commonwealth Numbered Acts

FAMILY LAW REFORM ACT 1995 No. 167 of 1995 - SECT 4

4. Section 4 of the Principal Act is amended:
(a) by omitting "Part IIIA" from the definition of "appropriate officer" in
subsection (1) and substituting "Division 5 of Part III";
(b) by omitting "60A(1) or (2)" from the definition of "child of a marriage"
in subsection (1) and substituting "60F(1) or (2)";
(c) by omitting "60A(3)" from the definition of "child of a marriage" in
subsection (1) and substituting "60F(3)";
(d) by omitting "New Zealand or any other" from the definition of

"prescribed overseas jurisdiction" in subsection (1) and substituting "any";
(e) by omitting from subsection (1) the definitions of "approved", "approved
mediator" and " marriage counsellor";
(f) by omitting from subsection (1) the definition of "financial or custodial
proceedings";

   (g)  by inserting in subsection (1) the following definitions:

" 'approved counselling organisation' has the meaning given by subsection
12(1);
'approved mediation organisation' has the meaning given by subsection 12(2);
'child counselling' means counselling to:

   (a)  discuss the care, welfare or development of a child; or

   (b)  discuss, and try to resolve, differences between persons that affect
        the care, welfare or development of a child;
'community mediator' means a person referred to in paragraph (b) of the
definition of 'family and child mediator';
'court mediator' means a person referred to in paragraph (a) of the definition
of 'family and child mediator';
'family and child counselling' means any of the following kinds of
counselling:

   (a)  marriage counselling;

   (b)  child counselling;

   (c)  counselling about any matter that arises out of proceedings under this
        Act and that involves:

        (i)    a parent or adoptive parent of a child; or

        (ii)   a child; or

        (iii)  a party to a marriage;
'family and child counsellor' means:

   (a)  a court counsellor; or

   (b)  a person authorised by an approved counselling organisation to offer
        family and child counselling on behalf of the organisation; or

   (c)  a person authorised under the regulations to offer family and child
        counselling;
'family and child mediation' means mediation of any dispute that could be the
subject of proceedings (other than prescribed proceedings) under this Act and
that involves:

   (a)  a parent or adoptive parent of a child; or

   (b)  a child; or

   (c)  a party to a marriage;
'family and child mediator' means:

   (a)  a person approved as a mediator under regulations for the purposes of
        this paragraph; or

   (b)  a person authorised by an approved mediation organisation to offer
        family and child mediation on behalf of the organisation; or

   (c)  a person, other than a person mentioned in paragraph (a) or (b), who
        offers family and child mediation;
'private mediator' means a person referred to in paragraph (c) of the
definition of 'family and child mediator';";

   (h)  by inserting in subsection (1) the following definitions:

" 'child maintenance order' has the meaning given by subsection 64B(5);
'contact order' has the meaning given by subsection 64B(4);
'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;
'has', in relation to a residence order, a contact order or a specific issues
order, has the meaning given by subsection 64B(8);
'made in favour', in relation to a residence order, a contact order or a
specific issues order, has the meaning given by subsection 64B(7);
'parenting order' has the meaning given by subsection 64B(1);
'parenting plan' has the meaning given by subsection 63C(1);
'residence order' has the meaning given by subsection 64B(3);
'specific issues order' has the meaning given by subsection 64B(6);".